Protective Discrimination In Favour Of Backward Classes, Scheduled Castes And Scheduled Tribes: An Analysis

Neha Uppin, LLM, Christ Deemed to Be University, Bengaluru

ABSTRACT

Discrimination has persisted across nations, evident in racial biases in the USA, apartheid in Africa, and casteism in India. Historically, India witnessed systemic oppression based on caste, where marginalized groups like Scheduled Castes, Scheduled Tribes, and Other Backward Classes faced deprivation and indignity at the hands of the privileged. These groups were denied basic human rights and faced social and economic disadvantage for generations.In response, India's Constitution framers envisioned a society founded on equality, free from discrimination. To address this, provisions were integrated into the Constitution to establish protective discrimination, safeguarding the interests of backward classes, Scheduled Castes, and Scheduled Tribes. The aim was to rectify historical injustices and ensure their social and economic upliftment.This article delves into the rationale behind protective discrimination, examining the various constitutional provisions and landmark judicial decisions aimed at promoting social and economic justice for marginalized communities. By analyzing the reasons driving the need for protective discrimination and exploring the legal framework established to enforce it, this study seeks to elucidate the mechanisms employed to tackle entrenched inequality in India. Key aspects covered include the historical context of discrimination, the evolution of protective measures within the constitutional framework, and notable judicial interventions that have shaped the trajectory of social justice in India. Through a comprehensive examination of these facets, this article aims to provide insights into the complexities surrounding protective discrimination and its role in fostering a more equitable society.By shedding light on the significance of protective discrimination in addressing systemic inequalities, this study contributes to the discourse on social justice and underscores the imperative of inclusive policies in building a fair and just society for all citizens.