Presentation on protective discrimination

Protective Discrimination and the constitutional as well as legal provisions

1. PRESENTATION ON BY.. BRISTI BORGOHAIN MSW IV SEMESTER PAPER-SCD403 WELFARE OF THE WEAKER SECTION PROTECTIVE DISCRIMINATION

2. CONTENTS INTRODUCTION TERMINOLOGY VULNERABLE SECTION OF THE SOCIETY WITH THEIR ISSUES CONSTITUTIONAL SAFEGOURD LEGAL PROVISIONS RESPONSIBILITIES CONCLUSION

3. BUT WHY….. INTRODUCTION

4. The concept of “Protective Discrimination” is the policy of granting special privileges (A special advantage) to the downtrodden (Abused or oppressed by people in power) and the underprivileged sections of the society. “Protective” is showing care to someone. “Discrimination” is any actions, policies, or practices that deny an individual or group equal access to the society’s resource, rewards and opportunities.

5. CASTE SYSTEM OF INDIA The leader of the Independent India decided that India will be Democratic Socialist and Secular country. Practicing untouchability or discrimination a person based on caste is legally forbidden. Along with this law the government allows POSITIVE DISCRIMINATION or PROTECTIVE DISCRIMINATION of the depressed classes of India The lower classes were listed in three categories: a) Scheduled Caste(Untouchable) b) Scheduled Tribes c) Other Backward Classes( Sudra Varna and also former untouchable converted from Hinduism to other religion)

6. VULNERABLE SECTION OF THE SOCIETY Vulnerable means susceptible to attack such as : A. CHILDREN

7. B.WOMEN

8. C. OLD AGE

9. D.TRANSGENDER

10. F.SCHEDULED CASTE AND SCHEDULED TRIBE

11. I HAVE TO WORK…..

12. “WE KNOW THAT WE ARE SAME BUT CAN NOT FEEL”

13. THEY WANT…….. It is not just reservations and jobs . But also respect and participation prosperity and empowerment. The Hunger for each individual is for four things: SANMAN( RESPECT AND DIGNITY) SABHAGITA(PARTICIPATION AND PARTNERSHIP) SAMRIDHI(PROGRESS AND PROSPERITY) SATTA(EMPOWERMENT)

14. DO YOU REALIZE THE NEED FOR THEIR PROTECTION ????

15. SAFEGUARDS IN THE INDIAN CONSTITUTION FOR SCHEDULED CASTES AND SCHEDULED TRIBES ARTICLE 15 (4 )-The state is empowered to make any special provisions for the advancement of the Scheduled Caste and Scheduled Tribe ARTICLE 15 (5)- The state is empowered to make any special provision for the Scheduled Caste and Scheduled Tribe regarding their admission to educational institution including private educational institution ( whether aided or unaided by the state ) except the minority educational institution. ARTICLE 16 (4) (A)- The state is empowered to provide for reservation in promotion to any service under the state in favour of the Scheduled Caste and Scheduled Tribe . ARTICLE 17 -Untouchability is abolished and is practiced in any form is forbidden. ARTICLE 19 (5)- The right to move freely throughout the territory of India and the right to reside and settle in any part of the territory can be restricted on the ground of the protection of the interest of the Scheduled Tribe.

16. ARTICLE 23 -Traffic in human beings and force labour are prohibited. ARTICLE 46-The state shall promote with special case the educational and economic interest of the Scheduled Tribe and Scheduled Caste and shall protect them from social injustice and all forms of exploitation. ARTICLE 243 (d) (1)- Seats shall be reserved for the Scheduled Caste and Scheduled Tribe in every panchayat and all the three levels. ARTICLE 244(1 )-The provisions of the 5 th schedule shall apply to the administration and control of the scheduled areas and scheduled tribes in any state other than the states of Assam, Meghalaya, Tripura and Mizoram. ARTICLE 244 (2)- The provisions of the 6 th schedule shall apply to the administration of the tribal areas in the state called Assam, Meghalaya, Tripura and Mizoram. ARTICLE 320 (4)- While taking into consideration , the claims of Scheduled Caste and Scheduled Tribe in making appointment to the public services of the centre and the states, the consultation with the respective public service commission shall not be required. .ARTICLE 330-Seats shall be reserved for the Scheduled Caste and Scheduled Tribe in the LOKSABHA. ARTICLE 332-Seats shall be reserved for the Scheduled Caste and Scheduled Tribe in the state Legislative Assemblies.

17. Legal Provisions Of The Scheduled Caste And Scheduled Tribe THE MINIMUM WAGES ACT 1948- THE PROTECTION OF CIVIL RIGHTS ACT 1955 THE BONDED LABOUR SYSTEM (ABOLITION ACT 1976)- THE LEGAL SERVICES AUTHORITIES ACT 1987- SCHEDULED CASTE AND SCHEDULED TRIBE ( PREVENTION OF ATROCITIES) ACT 1989 THE EMPLOYMENT OF MANUAL AND CONSTRUCTION OF DRY LATRINES ( PROHIBITION ACT 1993)- THE PROVISIONS OF THE PANCHAYATS (EXTENSION TO THE SCHEDULED AREAS) ACT PESA,1996- THE SCHEDULED TRIBE AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS ACT 2006 THE CENTRAL EDUCATIONAL INSTITUTIONS ( RESERVATION IN ADMISSION ACT 2006) INDIAN FOREST ACT 1957 FOREST( CONSERVATION) ACT 1980

18. Constitutional Provisions and Privileges for WOMEN Article 15(3):The state is empowered to make any special provisions for women. Article 16(2):No citizen shall be discriminate against for be ineligible for any employment for office under the state on the grounds of sex. Article 23(1):Traffic in human beings and force labour are prohibited. Article 39(a):The state is to secure for men and women equally the right to an adequate means of livelihood. Article 39(d):The state to secure equal pay for equal work. Article 39(e):The state is required to ensure the health and strength of the women worker are not abused and that they are forced by economic necessity to enter a vocation unsuited to their strength. Article 42:The state shall make provision for security just a human condition of work and maternity relief.

19. LEGAL SAFEGOURD Laws relating to women Commission of Sati (Prevention) Act, 1987 Criminal Law (Amendment) Act, 1983 Dowry Prohibition Act, 1961 Immoral Traffic (Prevention) Act, 1956 Indecent Representation of Women (Prohibition) Act, 1986 National Commission for Women Act, 1990 Prohibition of Sexual Harassment of Women at the Workplace Bill, 2010 Protection of Women from Domestic Violence Act, 2005 Laws relating to working women Contract Labour (Regulation and Abolition) Act, 1976 Employees State Insurance Act, 1948 Equal Remuneration Act, 1976 Factories (Amendment) Act, 1948 Maternity Benefit Act, 1961 (Amended in 1995) Plantation Labour Act, 1951 The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal ) Act, 2013

20. Laws relating to marriage & divorce Anand Marriage Act, 1909 Arya Marriage Validation Act, 1937 Births, Deaths & Marriages Registration Act, 1886 Bangalore Marriages Validating Act, 1936 Converts’ Marriage Dissolution Act, 1866 Dissolution of Muslim Marriages Act, 1939 Family Courts Act, 1984 Foreign Marriage Act, 1969 Hindu Marriage Act, 1955 Hindu Marriages (Validation of Proceedings) Act, 1960 Indian Christian Marriage Act, 1872 Indian Divorce Act, 1869 Indian Divorce Amendment Bill, 2001 Indian Matrimonial Causes (War Marriages) Act, 1948 Marriage Laws (Amendment) Act, 2001 Marriages Validation Act, 1892 Muslim Women (Protection of Rights on Divorce) Act, 1986 Parsi Marriage & Divorce Act, 1936 Prohibition of Child Marriage Act, 2006 Special Marriages Act, 1954 MARRIAGE EQUALITY(SAME SEX) ACT 2013

21. Laws relating to abortion Medical Termination of Pregnancy Act, 1971 Pre-Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Act, 1994 Pre-Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Amendment Act, 2001 Pre-Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Amendment Act, 2002

22. CONSTITUTIONAL PROVISIONS FOR THE CHILDREN Article 15(3):The state is empowered to make any special provision for children. Article21A :The state shall provide3 free and compulsory education to all children of the age of 6-14 years. Article 23(1) :Prohibition of Traffic in human being and forced labor. Article 24:Prohibition of employment of children in factories,etc. Article39(e):The tender age of children are not abused and not forced by economic necessity to enter vocations unsuited to their age or strength. Article39(f):The state is require to ensure that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and moral as well as material abandonment. Article45:The state shall Endeavour to provide early childhood care and education for all children until they complete the age of six. Article 51A(K):It shall be the duty of every parent to provide opportunities for education to his child between the age of 6-14 years.

23. Laws relating to children Child Labour (Prohibition & Regulation) Act, 1986 Child Marriage Restraint Act, 1929 Children Act, 1960 Children (Pledging of Labour ) Act, 1933 Commissions for the Protection of Child Rights Act, 2005 Infant Milk Substitutes Act, 1992 Infant Milk Substitutes Act, 2003 Infant Milk Substitutes, Feeding Bottles & Infant Foods (Regulation of Production, Supply & Distribution) Act, 1992 Infant Milk Substitutes, Feeding Bottles & Infant Foods (Regulation of Production, Supply & Distribution) Amendment Act, 2003 Juvenile Justice (Care & Protection of Children) Act, 2000 Juvenile Justice (Care & Protection of Children) Amendment Act, 2006 Prohibition of Child Marriage Act, 2006 Reformatory Schools Act, 1897 Young Persons (Harmful Publications) Act, 1956

24. THE RIGHTS OF TRANSGENDER BILL 2015

25. WE WANT TO SMILE.. NOT TO EARN BY SMILING ….

26. WE PLAN FOR G-TAXI IN KERELA

27. COMMUNITY MOBILIZATION

28. SUPPORT and KNOW

29. INSTITUTION BUILDING WITH BOTH GENDER

30. CAPACITY BUILDING

31. REFERENCES www.legalservicesindia.com/article /.../ protective - discrimination -846- htshodhganga.inflibnet.ac.in/ bitstream /10603/28604 /.../ 06_chapter%203.p wwwsociologyguide.com › Weaker Section and . Minoritiesmarcgalanter.net /.../ protectivediscrimination forbackwardclasses.pdfmarcgalanter.n4.et/... /equalityandprotection discrimination inindia.pdf www.irjcjournals.org/ijmssr/aug2014/4.pdf indian womenexploitation .blogspot.comwww.ijsrp.org/research-paper-0213/ijsrp-p14145.pdf B.D.Purohit . (1990). Handbook of reservation for sc and st . In B.D.Purohit , b.D.PUROHIT (pp. 11,14). Rajasthan: s.K.Enterprise . Dutta , n. (2012). Questios of identity in assam . In N. DUTTA, SAGE STUDIES ON INDIAS NORTH EAST (pp. 181, 182, 183). Delhi: sage publication. Elkin, f. (2008). The child and the society. In F. ELKIN, THE CHILD AND THE SOCIETY (pp. 35-39). New york : andrew clerk. L.Raj , s. (2010). Quest for gender justice. In S. L.RAJ, QUEST FOR GENDER JUSTICE (pp. 16,17,18). Madras: t.R.V  Virginia XAXA, State society and tribes. Chattopadhyaya : Tribalism in India AR KHAN: The constitution of India, 2 ND edition, New Delhi, Access Publishing India Pvt. Ltd 2014, 7-48.

32. THANK YOU