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The Need For Protective Discriminative Laws In India

As we all know that protective discrimination refers to the special privileges granted to the under privileged section of the society most commonly women. In earlier times the poor people as well as women were tortured and mainly, they were deprived of their rights. Indian society discriminates against some communities most probably called the caste system. The caste system in India is a very deep-rooted problem that dates back centuries ago.

The Constitution of India strictly prohibits the discrimination of these groups, yet this kind of discrimination still prevails keeping the legal position apart and this is a very disheartening truth. The people belonging to the lower caste must serve the upper caste without questioning and having no grievance mechanism.

This inhumane treatment to the lower caste by the upper caste lasted for centuries, until "we the people" realized the malady implementing the legal mechanism to constitute laws, suggesting for amendments and give the tortured and betrayed people a good and a peaceful life after all the injustice done to them and try to bring them to the same pedestal that all of us stand on by giving them the equal status in the society. Therefore, several laws were passed against this kind of discrimination.

As mentioned above Article 17, Article 46, Articles 16 and 335, Articles 330 and 332 were implemented against discrimination. In today's India the discrimination still prevails in some parts of the country but in a reduced rate. The protective discrimination laws are very much needed in India in order to stop the inhumane behavior of torturing the lower castes and depriving them of their rights because each human bring has the right to live his or her life with total liberty and dignity.

Therefore, these laws and provisions were an immediate need in the country to stop this injustice. The state governments are also doing an excellent job by promoting these laws. The courts of India are now extremely strict with these laws and punishment is given upon breaking of these laws.

In the case of Mohan Kumar Singhania v/s Union of India (1991), the Supreme Court explained that Article 16(4) is an enabling article that gives the state the freedom to make necessary provisions or reservations for any backward class of citizen that is not adequately represented in the state services.

The state government considers the total population of the backward class and does appropriate calculations and then makes the reservations. Hence, in order to live in a healthy society free of discrimination and where all humans' beings are treated equally and respectfully, the protective discrimination laws are needed.

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