Protective Discrimination and the constitutional as well as legal provisions

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

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

8. B.WOMEN

9. C. OLD AGE

11. D.TRANSGENDER

12. F.SCHEDULED CASTE AND
SCHEDULED TRIBE

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

18. 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)

19. DO YOU REALIZE THE
NEED FOR THEIR
PROTECTION ????

20. 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.

21. •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 5th 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 6th 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.

22. 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

23. 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.

24. 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

25. • 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

26. • 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

27. 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.

28. • 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

29. THE RIGHTS OF TRANSGENDER BILL
2015

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

31. WE PLAN FOR G-TAXI IN KERELA

32. NEXT WHAT…

34. COMMUNITY MOBILIZATION

35. SUPPORT and KNOW

38. INSTITUTION BUILDING WITH
BOTH GENDER

39. CAPACITY BUILDING

40. REFERENCES
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 protectivediscriminationforbackwardclasses.pdfmarcgalanter.n4.et/...
 /equalityandprotectiondiscriminationinindia.pdf
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