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
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