Affirmative Action And Protective Discrimination

Doctoral Thesis / Dissertation from the year 2014 in the subject Law - Public Law / Constitutional Law / Basic Rights, grade: NA, Bangalore University / Central College (National Law School of India University Bangalore), course: Ph.D., language: English, abstract: The Indian constitution provided the state to make special provisions for the upliftment of backward classes. Since then, the topic has become debatable. These special provisions promulgated at different space and time have evolved as a preferential policy. The constitutional objective behind this policy is to ensure social justice for disadvantaged sections of people. Unfortunately the political motif has overshadowed the constitutional intent. The notion of justice is essentially apolitical; however, there has been criticism, oppositions and prolonged protests in this regard. These development are not conducive to Indian polity. The preferential policy should contribute to overcome the backwardness rather to create backwardness or hamper advancements of other classes of citizens. This work attempts to perform a cost –benefit, what if analysis in the light of preceding chapters. It also explores complementarities of legal doctrines in India and US. The common area of concerns were identified through covering and addressing questions before law and ideas worth accommodating from US part. Some doctrines are also developed in this regard.

This Is An Inter-Country Study Of Affirmative Action. It Is Multi-Disciplinary Both In Its Analytical Approach And Substantive Focus, Bringing Together The Fields Of Public Policy, Law, Education, Sociology And History.

Contributed seminar articles with reference to India.

C. Goals and timetables

This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book’s underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely perpetuates a state of difference and, in turn, social gaps are exaggerated and social cohesion is endangered. Starting out with an introduction on the meaning and typology of affirmative action policies, the book goes on to emphasise the interaction of affirmative action with traditional values of liberal state, such as equality, meritocracy, democracy, justice, liberalism and socialism. It reveals the affirmative action goals from a legal and sociological point of view, examining the remedial, cultural, societal, pedagogical and economy purposes of such action. After applying an institutional narrative of the implementation of affirmative action worldwide, the book explains the jurisprudence on the issue through syntheses and antitheses of structural and material variables, such as the institutional recognition of the policies, the domains of their implementation and their beneficiaries. The book eventually makes an analytical impact assessment following the implementation of affirmative action plans and the judicial response, especially in relation to the conventional human rights doctrine, by establishing a liaison between affirmative action and social and group rights.. The book applies a multi-disciplinary and comparative methodology in order to assess the ethical standing of affirmative action policies, the public interests involved and their effectiveness towards actual equality. In the light of the above analysis, the monograph explains the arguments considering affirmative action as a theology for substantive equality and the arguments treating this policy as anathema for liberalism. A universal discussion currently at its peak.

This Book Discusses The Role Of Government, Social Organizations, Backward Castes/Communities, Political Parties To Project The State-Society Relationship And Its Dynamics Of Functioning For Upliftment Of Obcs.