Protective Discrimination refers to special measures or benefits provided to historically disadvantaged groups, such as Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), and women, to promote equality and social justice.
It is also known as affirmative action or positive discrimination.
Purpose of Protective Discrimination
The idea behind protective discrimination is not to create inequality, but to correct historical injustice and social disadvantages faced by certain communities. It aims to:
- Bridge the gap between privileged and marginalized sections
- Ensure equal access to education, jobs, and political representation
- Empower women and weaker sections of society
Constitutional Provisions in India
India’s Constitution allows positive discrimination through various articles:
Article 15(3):
Allows the State to make special provisions for women and children.
Article 15(4):
Enables reservations for SCs, STs, and OBCs in education and welfare.
Article 16(4):
Provides reservation in public employment for backward classes.
Article 46:
Directs the State to promote educational and economic interests of SCs, STs, and other weaker sections.
Protective Discrimination for Women
Special laws and schemes have been created to protect and uplift women, such as:
- Reservation in Panchayats and Parliament (33%)
- Maternity Benefit Act
- Protection of Women from Domestic Violence Act, 2005
- Equal Remuneration Act, 1976
- Free and compulsory education for girl children
- Special seats in public transport and job quotas
Examples of Protective Discrimination in Practice
- Reservations in education: Reserved seats for SC/ST/OBC in schools and universities
- Government job quotas: Reserved positions in public sector jobs
- Political reservation: Seats reserved for SC/ST and women in local bodies and legislatures
- Scholarships & welfare schemes: Special financial aid for backward and minority students
Why It’s Needed
- Centuries of caste-based discrimination and gender inequality
- To empower the underrepresented
- To ensure fairness in opportunities
- To break the cycle of poverty and exclusion
Criticism and Challenges
While protective discrimination has noble goals, it also faces criticism:
- Allegations of reverse discrimination
- Claims that it undermines meritocracy
- Creamy layer issues in OBC reservation
- Implementation gaps and politicization of quotas
Conclusion
Protective Discrimination in India is a constitutional and moral effort to bring real equality by uplifting the historically disadvantaged. It is an important tool for social justice, especially for women and marginalized communities, and must be implemented with fairness, balance, and periodic evaluation.
