An Essay On The Protective Discrimination

An Essay On The Protective Discrimination-31
These two classes were placed beyond the bounds of the larger society, the scheduled tribes on account of their isolation in particular ecological riches and the scheduled castes on account of the segregation imposed on them by the rules of pollution.There are certain clauses in the constitution which aims at providing equality of opportunity to all by prohibiting discrimination and to remove disparities between privileged and underprivileged classes.There are several other articles which aim to remove disparity between different sections of the society.

These two classes were placed beyond the bounds of the larger society, the scheduled tribes on account of their isolation in particular ecological riches and the scheduled castes on account of the segregation imposed on them by the rules of pollution.There are certain clauses in the constitution which aims at providing equality of opportunity to all by prohibiting discrimination and to remove disparities between privileged and underprivileged classes.There are several other articles which aim to remove disparity between different sections of the society.

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This can be achieved only through collective action.

Also the ‘equality before law’ and ‘equal protection of law’ demand that everyone, should not be treated alike.

In order to have equality of opportunity, it is essential to guarantee equality of conditions–i.e., all competitors in the race should start from the same point with appropriate handicaps.

And the equality of conditions further requires equality of results or outcome.

Some scholars are of the opinion that the social philosophy behind protective discrimination’s is somewhat confused and they have objected to it without dissenting from the ideal that social ‘policy ought to take into account the injustice perpetuated on the lower classes.

The protective discrimination’s are unfair in the procedural sense since granting privileges to individuals because of their birth, caste, race or sex is as discriminatory and unjust as denying them opportunity and jobs for the same reason.

Though the legal equality has granted the equality of opportunity, but it has not been able to reduce economic and social inequalities whether based on race, sex, nationality, education, challenging the establishment of a just and fair society.

So the big question is how to bring about such an equality?

The protective discrimination’s violate the principle of fairness because they do not give consideration to merit and excellence.

The libertarian are committed to developing the maximum level of excellence.

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