The Concept and Working of Protective Discrimination of Scheduled Caste/Scheduled Tribes: With Special Reference to Kumaun Region

ABSTRACT

People from certain sections of society in India are born with scars that will never fade over their lifetime. These are the scars of social, rather than physical, blemish; they reduce the capacity of such persons to function in life. Traditional Hindu society in India is a typical and unique example of a highly rigid and stratified hierarchy of castes and sub-castes. The segmental division (castes and sub-castes) is based not only on unequal status ascribed through birth but it also imposes social, religious, economic and legal disabilities on certain caste group, especially castes of the lower strata in general and untouchable in particular. It is a universal fact and phenomenon that differences and disparities exist among men and things and they cannot be treated alike by the application of the same law but the law has to come to terms with life and must be able to recognize the genuine differences and disparities that exist in human nature. Legislature too has to enact legislation to meet specific ends by making a reasonable and rational classification. The untouchables who are at the bottom of the social hierarchy have obviously been socially deprived and exploited by Hindus caste system since time immemorial. State policy favoring preferential treatment to the weaker section of the society has fairly long existence in India. It has been initiated to provide succor to the deprived communities occupying the base of the traditional stratification system, it constitutes the most important strategy to alleviate the depressed section of the society from the morass of degradation. Its impact has been profound as it has contributed significantly towards the empowerment of these people.

FULL TEXT