Equality Justice And Reverse Discrimination In India

Social Justice is a concept familiar to most Indians but one whose meaning is not always understood as it signifies a variety of government strategies designed to enhance opportunities for underprivileged groups. By tracing the trajectory of social justice from the colonial period to the present, this book examines how it informs ideas, practices and debates on discrimination and disadvantage today. After outlining the historical context for reservations for scheduled castes and scheduled tribes that began under British colonial rule, the book examines the legal and moral strands of demands raised by newer groups since 1990. In addition the book shows how the development of quota policies has been significantly influenced by the nature and operation of democracy in India. It describes the recent proliferation of quota demands for reservations in higher education, private sector and for women and religious minorities in legislative assemblies. The book goes on to argue that while proliferation of demands address unequal incidence of poverty, deprivation and inequalities across social groups and communities, care has to be taken to ensure that existing justifications for quotas for discriminated groups due to caste hierarchies are not undermined. Providing a rich historical background to the subject, the book is a useful contribution to the study on the evolution of multiple conceptions of social justice in contemporary India.

"Positive measures to prevent and remedy discrimination have been adopted in many parts of the world. By comparing the scope and form of such measures in different legal systems, we can gain a better perspective on our own system, and appreciate possible new approaches. This book compares positive anti-discrimination measures in the United States, India, Brazil, South Africa, Canada, the United Kingdom, and the European Union"--

This edited volume reflects upon the known and received ways by which differences have been understood and accommodated within democratic theory. The concluding section addresses this issue as relating to the Indian context.

C. Goals and timetables

An overview of present scenario reveals that India serves as a source, transit and destination of the reverse discrimination of women centric laws and harassment of men by women. The collaborated and protected system in India further makes it a complex, multi-layered and multi-dimensional problem. This thesis involves various types of studies, as examination of various cases decided by the Supreme Court, news published in various newspapers and library method. Men are being charged by women in numerous of cases by misusing the special laws for protection women. Violation of section 498-A of IPC, its goals and its aims is on the rise with the woman frivolously making false allegations against their husband with the purpose of getting rid of them or simply hurting the family of her husband. The abuse of this section is rapidly increasing and the women often well-educated know that offence under this section is both cognizable and non-bailable and impromptu works on the complaint of the woman and placing the man behind bars. When women accuse their husbands under Sec. 304-B and Sec. 498-A, IPC by making the offence non-bailable and cognizable, if the man is innocent, he does not get a chance to get justice quickly and "justice delayed is justice denied". Therefore, the lawmakers must suggest some way of making this section unbiased to any individual such that the guilty is punished and the person wronged is given justice. The educated woman of today must agree with the mantra of equality and demand the same, but the trend in Indian Society is slowly getting reversed. Women are taking due advantage of the fact that they are referred to as the 'weaker sex' and on the foundation of the rights ensured to them are violating others' i.e. men's rights. The thesis deals with the framework of laws that criminalizes misusing of laws by women against men, with a special focus on contemporary legislations in India and legal measures taken by the states against misuse of laws by women against men. Finally, this thesis tries to provide some conclusions and suggestions after analyzing all the study, for curbing the problem of misuse of women centric laws by women against men. It provides that how the present scenario can be rectified without disturbing the judicial system and the rights of women.