Download or read book Equality Justice and Reverse Discrimination in India written by C. L. Anand and published by . This book was released on 1987-01-01 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Equality Justice and Reverse Discrimination written by and published by Mittal Publications. This book was released on with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Equality Affirmative Action and Justice written by Johan Rabe and published by BoD – Books on Demand. This book was released on 2001 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Non discrimination and Equality in India written by Vidhu Verma and published by Routledge. This book was released on 2011-11-17 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social Justice is a concept familiar to most Indians but one whose meaning is not always understood as it signifies a variety of government strategies designed to enhance opportunities for underprivileged groups. By tracing the trajectory of social justice from the colonial period to the present, this book examines how it informs ideas, practices and debates on discrimination and disadvantage today. After outlining the historical context for reservations for scheduled castes and scheduled tribes that began under British colonial rule, the book examines the legal and moral strands of demands raised by newer groups since 1990. In addition the book shows how the development of quota policies has been significantly influenced by the nature and operation of democracy in India. It describes the recent proliferation of quota demands for reservations in higher education, private sector and for women and religious minorities in legislative assemblies. The book goes on to argue that while proliferation of demands address unequal incidence of poverty, deprivation and inequalities across social groups and communities, care has to be taken to ensure that existing justifications for quotas for discriminated groups due to caste hierarchies are not undermined. Providing a rich historical background to the subject, the book is a useful contribution to the study on the evolution of multiple conceptions of social justice in contemporary India.

Download or read book Equality and Social Justice written by Neer Varshney and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In ancient India, the people were divided into four classes namely; Brahmins, Kshatriyas, Vaishyas and Shudras. The Shudras were considered as untouchables, and were excluded all together from the society. After thousands of years, with the help of many social movements, a revolution was brought up. Mahatma Gandhi, B.R Ambedkar, J.L Nehru, and many other freedom fighters confronted the caste system and when our constitution was being framed, a special provision was made under Article 46, Article 15(4), Article 16(4) and few others for the uplifting of these backward classes. The government under prime minister V P Singh, on the basis of the findings of second backward class commission reserved 27% seats for socially & backward classes on 13th August 1990. The decision caused a civil disturbance throughout India, and there was a huge loss of persons and property. Public Interest litigation was filed in the supreme court of India and decided in Indira Sawhney v/s Union of India AIR 1993 SC 477 in favor of the union of India, although certain regulations were imposed upon the reservations. This reservation of seats in educational institutes and government jobs has faced the most opposition in the recent times. The protagonists of the reservation system say that affirmative action compromises for the discrimination of past policies, which have left a legacy of unequal caste representation in the society. Those who opposes the reservations says that it is against their right to equality, and even though there was injustice against the lower caste people in the past, but that does not mean that reverse discrimination is the way to heal it. The main objective of this research is to discover if the present system of reservations in India is justified. Since, the issue of affirmative action, is directly related to the question as to “What is Equality?” it was considered necessary to answer that question first. The research takes into account mainly three concepts, namely, 'Libertarianism' by Robert Nozick, 'Nicomachean ethics' by Aristotle, and 'A Theory of Justice' by John Rawls along with others, to figure out 'what is equality?'. However, this part of the research has a limitation, since it is an ethical approach, which is relative, and not everyone may agree with the conclusion, however a proper reasoning is provided as a justification for the conclusion reached. The research paper considers various statistics provided by Census of India, National Sample Survey Organization (NSSO), and other data provided by the union and state ministries, to figure out the present situation of backward classes, and the implementation of reservation policies. The research paper, apart from the theories and statistics, also records and considers the statements of few people who are directly or indirectly affected by the reservation policies (backward people, students and their parents, etc.) in order to really know, how the reservation policies effects the citizen of the country, and how far have they actually succeeded. In the end, it was established that affirmative action promotes equality in opportunity, but the implementation in India has failed to show any desirable result, it has rather become a tool for political parties to fill their vote banks, the backward class people still suffers, and untouchability still persists. Although the research is focused on the sociological analysis of affirmative action implemented in India, it has a much generalized approach in reasoning, and even a part of the conclusion states the repercussions of affirmative action in general, apart from being specifically for India. The research paper suggest some political and social reforms to be implemented in future, so that affirmative action can bring positive result, and helps in establishing an egalitarian society. Even though the title suggests so, the research paper is not aimed at justifying affirmative action, but only makes a persuasive argument for accepting and implementing affirmative action for the overall benefit of the society.

Download or read book Protective discrimination in Indian higher education written by Dhwani Sharma and published by GRIN Verlag. This book was released on 2016-08-02 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Doctoral Thesis / Dissertation from the year 2014 in the subject Law - Public Law / Constitutional Law / Basic Rights, grade: NA, Bangalore University / Central College (National Law School of India University Bangalore), course: Ph.D., language: English, abstract: The Indian constitution provided the state to make special provisions for the upliftment of backward classes. Since then, the topic has become debatable. These special provisions promulgated at different space and time have evolved as a preferential policy. The constitutional objective behind this policy is to ensure social justice for disadvantaged sections of people. Unfortunately the political motif has overshadowed the constitutional intent. The notion of justice is essentially apolitical; however, there has been criticism, oppositions and prolonged protests in this regard. These development are not conducive to Indian polity. The preferential policy should contribute to overcome the backwardness rather to create backwardness or hamper advancements of other classes of citizens. This work attempts to perform a cost –benefit, what if analysis in the light of preceding chapters. It also explores complementarities of legal doctrines in India and US. The common area of concerns were identified through covering and addressing questions before law and ideas worth accommodating from US part. Some doctrines are also developed in this regard.

Download or read book The Ubiquity of Positive Measures for Addressing Systemic Discrimination and Inequality written by David Oppenheimer and published by BRILL. This book was released on 2019-08-26 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Positive measures to prevent and remedy discrimination have been adopted in many parts of the world. By comparing the scope and form of such measures in different legal systems, we can gain a better perspective on our own system, and appreciate possible new approaches. This book compares positive anti-discrimination measures in the United States, India, Brazil, South Africa, Canada, the United Kingdom, and the European Union"--

Download or read book Affirmative Action written by Julio Faúndez and published by International Labour Organization. This book was released on 1994 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: C. Goals and timetables

Download or read book Democracy Difference and Social Justice written by Gurpreet Mahajan and published by . This book was released on 1998 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume reflects upon the known and received ways by which differences have been understood and accommodated within democratic theory. The concluding section addresses this issue as relating to the Indian context.

Download or read book Women Centric Laws Vis A Vis Reverse Discrimination Recent Judicial Trends written by Anju Kumar and published by Independent Author. This book was released on 2023-03-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An overview of present scenario reveals that India serves as a source, transit and destination of the reverse discrimination of women centric laws and harassment of men by women. The collaborated and protected system in India further makes it a complex, multi-layered and multi-dimensional problem. This thesis involves various types of studies, as examination of various cases decided by the Supreme Court, news published in various newspapers and library method. Men are being charged by women in numerous of cases by misusing the special laws for protection women. Violation of section 498-A of IPC, its goals and its aims is on the rise with the woman frivolously making false allegations against their husband with the purpose of getting rid of them or simply hurting the family of her husband. The abuse of this section is rapidly increasing and the women often well-educated know that offence under this section is both cognizable and non-bailable and impromptu works on the complaint of the woman and placing the man behind bars. When women accuse their husbands under Sec. 304-B and Sec. 498-A, IPC by making the offence non-bailable and cognizable, if the man is innocent, he does not get a chance to get justice quickly and "justice delayed is justice denied". Therefore, the lawmakers must suggest some way of making this section unbiased to any individual such that the guilty is punished and the person wronged is given justice. The educated woman of today must agree with the mantra of equality and demand the same, but the trend in Indian Society is slowly getting reversed. Women are taking due advantage of the fact that they are referred to as the 'weaker sex' and on the foundation of the rights ensured to them are violating others' i.e. men's rights. The thesis deals with the framework of laws that criminalizes misusing of laws by women against men, with a special focus on contemporary legislations in India and legal measures taken by the states against misuse of laws by women against men. Finally, this thesis tries to provide some conclusions and suggestions after analyzing all the study, for curbing the problem of misuse of women centric laws by women against men. It provides that how the present scenario can be rectified without disturbing the judicial system and the rights of women.

Download or read book Discrimination with Reason written by Devanesan Nesiah and published by Oxford University Press, USA. This book was released on 1997 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reservation policies have been the subject of heated debate wherever they have operated. Various schemes for reverse discrimination based on gender, ethnicity, or geographical location have been in force in a number of developed and developing countries, and have evolved in response to certain socio-political problems arising from persistent disparities and a history of discrimination and marginalization. Affirmative Action in the USA, Protective Discrimination in India, Bumiputra Preferences in Malaysia involve reverse discrimination designed to compensate for existing inequalities. The author asks whether such policies are in fact sound and accomplish the ends they are designed to fulfill. Discrimination with Reason is an inter-country study of affirmative action. It is multidisciplinary both in its analytical approach and substantive focus, bringing together the fields of public policy, law, education, sociology and history. The book evaluates the theoretical aspects as well as the practical implementation of the policy of positive discrimination.

Download or read book Equality and Compensatory Discrimination Under the Indian Constitution written by Jayant Lakshmikant Aparajit and published by . This book was released on 1992 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book India s Living Constitution written by Zoya Hasan and published by Anthem Press. This book was released on 2005 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: India became independent in 1947 and, after nearly three years of debate in the Constituent Assembly, adopted a Constitution that came into effect on 26 January 1950. This Constitution has lasted until the present, with its basic structure unaltered, a remarkable achievement given that the generally accepted prerequisites for democratic stability did not exist, and do not exist even today. Half a century of constitutional democracy is something that political scientists and legal scholars need to analyze and explain. This volume examines the career of constitutional-political ideas (implicitly of Western origin) in the text of the Indian Constitution or implicit within it, as well as in actual political practice in the country over the past half-century.

Download or read book Religion and Personal Law in Secular India written by Gerald James Larson and published by Indiana University Press. This book was released on 2001-11-28 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though a directive principle of the constitution, a uniform civil code of law has never been written or instituted in India. As a result, in matters of personal law -- the segment of law concerning marriage, dowry, divorce, parentage, legitimacy, wills, and inheritance -- individuals of different backgrounds must appeal to their respective religious laws for guidance or rulings. But balancing the claims of religious communities with those of a modern secular state has caused some intractable problems for India as a nation. Religion and Personal Law in Secular India provides a comprehensive look into the issues and challenges that India faces as it tries to put a uniform civil code into practice. Contributors include Granville Austin, Robert D. Baird, Srimati Basu, Kevin Brown, Paul Courtright, Rajeev Dhavan, Marc Galanter, Namita Goswami, Laura Dudley Jenkins, Jayanth Krishnan, Gerald James Larson, John H. Mansfield, Ruma Pal, Kunal M. Parker, William D. Popkin, Lloyd I. Rudolph, Susanne Hoeber Rudolph, Sylvia Vatuk, and Arvind Verma.

Download or read book Freedom of Trade and Commerce and Taxation in India written by Manjusree Mishra and published by Mittal Publications. This book was released on 1999-01-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Commentary on the Positive Discrimination Policy of India written by Tameshnie Deane and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Affirmative action and discriminatory measures are complex and controversial issues. The goal of affirmative action is to speed up the creation of a representative and equitable workforce and to assist those who were historically disadvantaged by unfair discrimination to fulfil their maximum potential. The term invokes emotions that range from fear and rage to satisfaction. Affirmative action has encouraged an ongoing debate regarding the legal, moral and economic questions arising from the preferential treatment of certain groups of people in society. Underlying this debate are various concerns about the notion of reverse discrimination or the unfair disadvantage to individuals who bear no responsibility for past or present discrimination practised by others. This article states the current position with regard to the caste system and the reservation of jobs in the Republic of India in the context of affirmative action and the achievement of equality in the workplace. Its purpose is to highlight the extreme division of opinion about what is socially acceptable, namely, caste. Further, it provides the reader with an understanding of the need for affirmative action in the first place in India, and thereby creates a powerful tool for understanding discrimination and the need for affirmative action measures. Another goal is to provide useful guidelines and information to all persons involved in implementing affirmative action programmes. It serves to show that if affirmative action measures and/or discriminatory measures are not properly thought out then affirmative action becomes burdensome and even more discriminatory, rather than being a means of achieving equality and redressing past wrongs.

Download or read book Taking Sides written by Rudolf C Heredia and published by Penguin UK. This book was released on 2012-10-15 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the biggest challenges facing India today is the question of reservation for the nation’s minority communities. Although the Constitution of India affirms equal justice for all, the manner in which legislatures and courts operate often compromises justice in the name of political pragmatism. As a result, the voiceless and vulnerable members of society—Dalits, tribals, women and religious minorities—continue to be excluded and marginalized. Taking Sides outlines a credible roadmap to aid the quest for an inclusive and just society. Examining this churning debate from several points of view, Rudolf Heredia makes a persuasive argument for a justice premised on liberty, tempered by equality and moderated by fraternity—a justice beyond politics.