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Caste Discrimination and Article 16 Insights

This document discusses India's laws against discrimination on the basis of caste. It outlines several key articles from the Indian constitution that prohibit discrimination. Article 15 prohibits discrimination by the state and among citizens based on caste, religion and other attributes. Article 16 guarantees equality of opportunity in public employment. The document notes that while equal treatment is guaranteed, the constitution also allows for "protective discrimination" through affirmative action laws to advance marginalized groups and communities that have faced historical discrimination. It discusses several important court cases related to caste-based reservation and affirmative action policies.
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0% found this document useful (0 votes)
880 views3 pages

Caste Discrimination and Article 16 Insights

This document discusses India's laws against discrimination on the basis of caste. It outlines several key articles from the Indian constitution that prohibit discrimination. Article 15 prohibits discrimination by the state and among citizens based on caste, religion and other attributes. Article 16 guarantees equality of opportunity in public employment. The document notes that while equal treatment is guaranteed, the constitution also allows for "protective discrimination" through affirmative action laws to advance marginalized groups and communities that have faced historical discrimination. It discusses several important court cases related to caste-based reservation and affirmative action policies.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Non-Discrimination on the Grounds of caste

Role Name Affiliation


Principal Investigator [Link] Kumar sahu [Link] Utkal
University
Content Reviewer [Link] Kumar sahu [Link] Utkal
University

Description of Module

Items Description of Module


Subject Name Law
Paper Name Law and social transformation in India
Module Name /Title Non-Discrimination on the Grounds of
Caste
Module No. XVI
Non-Discrimination on the Grounds of Caste
Community: means people living in one particular area or people who are considered as a
unit because of their common interest. India is one community so law made in territory of
India shall be uniform without any discrimination. In India first non-discriminative step has
been taken by adopting single citizenship which focuses that India is one community only
there is no scope of discrimination.
1. Non-discrimination: The preamble of the constitution sets the goal of the constitution and
secure to all citizens equality: i. Status ii. Of opportunity iii justice and Liberty. The goal set
by the preamble is extended by Art 14 to 18 of the Constitution.
2. Article 15(1) : Prohibits the State from discriminating against any citizen on grounds only of
religion,race,caste,sex,place of birth or any of them.
3. Article 15(2): Prohibits the general public and any citizen from discriminating any citizen on
grounds only of religion, caste, sex, and place of birth or any of them. Therefore one citizen
cannot be discriminate to access to shop, public restaurant, hotels and places of public
entertainment or to use of wells, tanks, bathing ghats, roads and places of public resort
maintained wholly or partly out of state funds.
4. Article 15(4) : empowers the state to make any law for the advancement of any society and
educational backward class of citizens or for the SC and ST.
5. Article 15(3): empowers the state to make any special provision for women and children.

Protective Discrimination: In the eyes of law there is no discrimination between man or


[Link]: clerk or Prime Minister man or women are competent persons. There is no
discrimination between them but in fact man is stronger than woman. Therefore keeping the
weak physical position of the woman and children the State is authorized by the Article 15(3)
to make any special provisions for their benefit it is called protective discrimination.
Similarly for the advancement of the SEBC people and STs the State empowered to make
provisions protecting them under Article 15(4). It is also a protective discrimination.
6. Under the Factories Act 1948,Children Act 1960,Child Labour(Prohibition and
Regulation)Act 1986 [Link] state prohibits the appointment of children in the factories, and
on the machineries of dangerous and hazardous nature. It is not a discrimination against the
children but it is protective discrimination.

7. Article 16:Equality of opportunity in matters of public employment: There shall be equality


of opportunity for all citizens in matter relating to employment or appointment to any office
under the State.

8. Distinction between 15(4) and 16(4) : Article 15(4) empowers the State to make ‘Special’
Laws for the advancement of any socially and educationally backward classes of citizens or
for the SC and [Link] 16(4) empowers the State to make laws for the reservation of
appointments or posts in favour of any backward class of citizens.

9. The Reservation to Backward class people to uplift them educationally and employment
purpose. Reason for providing reservation by the farmers was that the SC,ST and OBC were
socially economically were crushed by the forward caste people for centuries in fact more
than three thousand centuries Education was vested with Brahmin,Administaration was
vested with Kshatriyas Business was vested to [Link] remaining classes were allotted
smaller professions. Hereditary occupations ruled throughout the country irrespective of its
region, religion, culture, language etc. Dharmasastras were framed to exploit these fourth
class people very [Link] Independence the framers thought to provide certain protection
to these classes.

10. [Link] called the reservations ‘Compensatory benefits’ to SC,ST and [Link] Caste
has not been defined in the constitution only class is defined.

11. Balaji vs State of Mysore (AIR 1963 SC649):The Mysore Government reserved the seats in
the Medical and Engineering college in the state to Backward classes 28%,More backward
classes 20% SC & ST 20% - Total 68%.Therefore only 32% seats were available to the
students of other communities on the merit [Link] cjhallanged the validity of the
reservation formulated by Mysore Government contending that the classification of the
Mysore Government that about 90% of the Population of the State backward and that
68% and 68% was injustice to the merit students.

Judgment: The supreme court agreeing with the petitioner struck down the reservation policy
of the [Link] supreme Court held that the special provision should be
provided to the socially and backward class people but that should not exceed 50%.

[Link] Sawhney & others vs Union of India and others (AIR 1993 SC 477)
(Mandal Comission –Reservation case)

[Link][Link] Untochability is abolished and its practice in any form is forbidden. The
enforcement of any disability out of Untouchability shall be an offence punishable in
accordance with law.
14. Several act have been made basing upon the Article 17 such as “The Schedule Castes and
Schedul Tribes (Prevention of Atrocities)Act 1989,Protection of Civil Rights Act 1955.
State of Karnataka v Appa Balu Ingale :the charge against the respondents was that they
restrained the complainant party by show of force from taking water from a newly dug up
borewell on the ground that they were [Link] Supreme court held that the
conviction.

Common questions

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Dharmasastras historically codified and perpetuated the stratification and occupational roles associated with the caste system in India, exploiting 'lower' caste members as subservient to the 'upper' castes . These texts institutionalized hierarchical barriers, reinforcing social inequalities with religious sanction, particularly discriminating against the so-called 'fourth class' or lower castes. Post-independence legal measures, such as the Indian Constitution's provisions like Articles 15, 16, and 17, and laws including the Scheduled Castes and Tribes (Prevention of Atrocities) Act, aim to dismantle these entrenched inequalities by prohibiting discrimination and fostering social justice, equity, and protection for historically oppressed communities .

The Indian Constitution ensures equality of opportunity in public employment primarily through Article 16(1), which mandates equal opportunity for all citizens regarding employment or appointment to any state office . Article 16(4) allows the state to make provisions for the reservation of appointments or posts for backward classes not adequately represented in services under the state . This constitutional design aims to balance the principle of equality with necessary affirmative action, ensuring broad inclusiveness in public employment.

Article 17 of the Indian Constitution abolishes untouchability and prohibits its practice in any form . This article carries profound implications as it criminalizes actions based on untouchability, making any enforcement of disability arising out of it an offense punishable by law. This constitutional mandate has led to the enactment of specific legislations such as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the Protection of Civil Rights Act, 1955, which provide the legal framework for protecting the rights of marginalized communities and ensuring their full participation in society free from historical stigmas and injustices .

Protective discrimination in the Indian Constitution is primarily facilitated through Articles 15(3) and 15(4). Article 15(3) allows the state to make special provisions for women and children, addressing the need for protective measures due to their relative vulnerability . Article 15(4) enables the state to legislate for the advancement of socially and educationally backward classes and SC and ST, reflecting protective discrimination beyond gender protection . In policy, these provisions manifest as reserved quotas in educational institutions and public services, legislations safeguarding rights and welfare, and affirmative action programs aiming to create an equitable framework in social, educational, and employment contexts.

Article 15(3) allows the state to enact 'protective discrimination' laws, acknowledging the societal and biological vulnerabilities of women and children that necessitate special provisions . This form of discrimination is protective as opposed to negative, aiming to level the playing field by ensuring adequate support and opportunities in social, educational, and professional spheres. It aligns with broader gender equality objectives by actively working to dismantle barriers — legal, social, economic — that contribute to historical gender inequities, thereby striving toward an equitable society where gender does not impede individual potential or rights.

The Indra Sawhney case, often associated with the Mandal Commission, was pivotal in shaping India’s reservation policy by upholding the constitutional validity of reserving posts for OBCs while articulating limits on reservation extents, namely that reservations should not exceed 50% . This ruling reinforced a balance between social justice (through affirmative action) and the preservation of efficiency in administration (by ensuring a substantial merit-based pool). Consequently, it clarified the scope of Article 16(4), upholding the needs of backward classes without undermining the overall constitutional premise of equal opportunity across varied citizen demographics.

In the case of Balaji vs State of Mysore, the Supreme Court of India held that while special provisions should be provided to socially and backward class people, reservations should not exceed 50% . This ruling is significant because it set a precedent for limiting the extent of reservations, ensuring that the merit pool is not unduly restricted, thereby maintaining a balance between compensatory benefits and the principle of meritocracy. It highlights the court's role in interpreting constitutional provisions to prevent excessive compartmentalization of education seats and employment posts under caste-based reservations.

Articles 15(4) and 16(4) of the Indian Constitution, while both aiming to address social inequalities, differ in scope and application. Article 15(4) empowers the state to create 'special' laws for the advancement of any socially and educationally backward classes or SC and STs, focusing broadly on social justice . In contrast, Article 16(4) specifically pertains to the reservation of appointments or posts under the state for any backward class, directly targeting employment opportunities . This distinction highlights Article 15(4)'s role in broader social and educational advancement, while Article 16(4) hones in on economic empowerment through employment.

Article 15(1) of the Indian Constitution prohibits the state from discriminating against any citizen on grounds of religion, race, caste, sex, place of birth, or any of them . This indicates a foundational commitment to equality and non-discrimination. Furthermore, the role of the state is expanded in Article 15(4), which empowers the state to create laws for the advancement of socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes (SC and ST). Through these provisions, the state is tasked with actively addressing social inequalities, promoting inclusion, and uplifting marginalized groups, aligning state responsibilities with constitutional ideals.

Dr. Ambedkar termed reservations as 'Compensatory benefits' to address the historical injustices and systemic discrimination faced by the Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBCs) at the hands of more privileged castes . This term underscores the intention behind reservations as a remedial measure for historical wrongs where access to education, administration, and economic activities were largely controlled by higher castes (Brahmins, Kshatriyas, and Vysyas), pushing the lower castes into marginalized positions. The reservations thus serve as an affirmative action strategy to redress socioeconomic disparities entrenched by centuries of caste-based segregation and discrimination.

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