AFFIRMATIVE ACTIONS

  

AFFIRMATIVE ACTIONS

                                         

WRITTEN BY: M.TEJASWI

4^TH YEAR, B.A. LL.B

GITAM SCHOOL OF LAW, ANDRA PRADESH.

 

EDITED BY: KASHAF ALI

3^RD YEAR, LL.B

CAREER COLLEGE OF LAW, BHOPAL (M.P)

 

Abstract

“Affirmative actions are policies and practices promoting equal opportunities for marginalized groups. In this record, I will explore the historical context, legal framework, benefits, and critiques of affirmative actions”.

This abstract aims to give a neutral opinion on affirmative action, acknowledge its possibility in progressive social justice and diversity and the legitimate concerns raised by its critics. In direct the complexities of this policy, it is essential to consider the broader societal context and the specific goals and effective methods employed to promote equity and inclusion.

Affirmative action is a policy approach that addresses humanistic discipline and ongoing equivalence, favouritism, and under-representation faced by peripheral groups in various aspects of society, particularly in business and educational activity. This concept provides a compact summary of affirmative action, its objectives, controversies, and potential benefits.

Keywords: Affirmative action, equity, inclusive, diversity, discrimination, under-representation, social justice, meritocracy, controversial policy

Introduction:

Affirmative actions are also considered as the reservation system, which has pros and cons. The past historical events that we lighten are based on race, caste, religion, gender, ethnicity, or socioeconomic status.

Affirmative actions are legal and agreed upon and accepted by the Constitution and the acts to protect and preserve unity in diversity.

 The unity in diversity is the umbrella. Many castes, cultures, traditions, food systems, languages, livelihoods, and habitats are different according to geographical location; people's livelihoods and earnings change.

The people who do not have access to education and employment are more, which affects the country at large because employment and education are more important as well as the rights of the citizens of the country. Affirmative action deals with the above concept, and the use of affirmative action and how it protects people are crucial as well as those that are considered human rights.

Historical Context and Background

Affirmative actions are not started in one country/state, but in other countries too. The civil movement of the mid-20th century, where the activists revolt for the rights for the marginalized groups, where the elimination of the discrimination in the life of the people.

The eradication of the evils like inequalities and providing legal protection to the people for standard livelihood and protect and preserve the human values is the main concept.

There is not rich and poor the usage of mind matters, but this is like a myth these days because  the recognition of the ideology is poor that’s why the affirmative actions are more active and more actions are taken by the government to protect and recognize the human rights from past, the value to human rights and Constitution is the basic criteria.

Provisions applied:

India faced many problems, but the Indian Constitution gives provisions that are also called positive discrimination. Positive discrimination is not considered as discrimination; it talks about equity among equity and equals among equals to lift the marginal society because India is filled with economically weaker to provide the base to resolve the problem. The provisions are:

Preamble: sovereign, socialist, secular, democratic, republic, justice, liberty, equality, fraternity, integrity.

Article 14 to 32 of the Indian Constitution applies which talks about fundamental rights.

         Right to equality

         Right to freedom, right against exploitation

         Right to freedom of religion

         Cultural and educational rights

         Right to constitutional remedies.

 

Purpose and Objectives of Affirmative Actions

·      Promoting Equal/fair possibilities

Affirmative action is more important to give a chance to everyone irrespective of their background and preserve the value of human rights, protect historically disadvantaged groups.

·       Creating Diverse and Inclusive Environments:

Raising diversity, create benefits from different appearances and experiences, socialization creation, and creative thinking.

·      Rectifying Past Injustices:

 Affirmative actions purpose to code the past/historical problems faced by marginalized communities due to past events in history on discrimination and exclusionary practices.

Legal Framework and Regulations

ü Executive Orders

Head of state guidance, such as Executive Order 11246, has authorization on affirmative actions for the permanent contractors and subcontractors to promote equal employment possibility.

ü Affirmative Action Plans

Organizations develop affirmative action plans by drafting their standing orders and practices to upgrade equal chances and diversity in their profession or student body.

ü Supreme Court Rulings

The landmark case on the affirmative action “ University of California vs. Bakke, the supreme court given guidelines on limits of the affirmative actions and legal validity.

Benefits and Outcomes of Affirmative Actions

v Increased Representation

Affirmative actions have led to greater cooperation of (who are fall under) below poverty line groups in literature, workplaces, and leadership positions, authorize individuals and run off stereotypes.

v Enhanced Diversity

By promoting diversity, management benefits from a wider range of appearances, improving decisions, and encouraging conception.

v Reduced Inequalities

Affirmative actions work like a bridge and clear the gaps in opportunity to get education, professional, and socioeconomic opportunities, leading to a free &fair, and more equitable social group.

Affirmative action in India, also referred to as reservation, is a policy enforced by the authorities to address historical and social rights deprivation faced by certain groups. It aims to provide equal chances and representation to historically meagre communities, “primarily Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBCs)."

Here are some key aspects of affirmative action in India:

1.             Constitutional Provisions:

Articles 15(4) and 16(4) of the Indian Constitution shed light on affirmative action in the form of reservations. The Constitution allows reservations in educational institutions and public employment for marginalized people like scheduled tribes, scheduled castes, and socially and educationally backward classes.

2.              Reservation in Education:

Both at the central and state levels, Educational institutions reserve a specific percentage of seats for SCs, STs, and OBCs. This includes education schools, colleges, and universities. The specific percentage of reservations differs from state to state and can be as high as 50%.

3.             Reservation in Employment:

Public services, both at the central and state levels, have been allotted to SCs, ST’s, and OBC’s. The percentage of reservation in public jobs and allotment differs from state to state and can be extended to 50%.

4.             Mandal Commission:

It is officially known as the Second Backward Classes Commission, recommended allotment for OBC’s in central public services. This led to the carrying out of OBC reservations in the 27% concept.

5.             Creamy Layer:

To ensure that the benefits of reserve reach the most deprived sections within the OBC’s, a "creamy layer" concept came into limelight. It excludes individuals from well-off OBC families from getting reservation benefits.

6.             Legal Cases and Controversies:

Affirmative action in India has been the theme of many legal objection and contention. Numerous individuals and groups have filed suit in courts, both in for and against reservation system.

The Indian Supreme Court has issued respective rulings over the decades, maintaining the constitutionality of the reservation system while also distinguishing certain limitations.

7.             Reservation in Politics:

Some states in India have also enforced reservations for SCs, STs, and OBCs in  Panchayat and Municipalities, which come under local government to ensure their political representation.

It's important to record that affirmative action in India is a rigid and dynamic topic. The particular policies, their enforcement, and legal cases can differ from state to state. Moreover, debates encompassing on reservations often touch on matters of social justice, equality, and meritocracy.

Critiques and Controversies Surrounding Affirmative Actions

   Disagreement on Fairness

Disagreed parties debate that affirmative actions can be reverse discrimination, as they provide advantageous treatment based on race or gender.

   Challenges Of Implementation

Critics point out that enforcing affirmative actions can be provocative, as the policies need to onset a proportion between rectifying past injustice and supporting meritocracy.

   Tokenism and Lack Of Authentic Inclusion

Some contend that affirmative actions can trail to tokenism, where individuals from not identified communities may be included glib without addressing underlying systemic facts.

Conclusion and Future Considerations

Affirmative actions have played an essential role in ambitious systemic inequities and promoting diversity. However, ongoing talks are essential to fine-tune these policies, ensuring free, fair, and comprehensive practices. Continued efforts to address diversity and inclusion will be vital in creating a more equitable society for all. The affirmative actions are considered as positive discrimination and also falls under human rights of individuals.

Bibliography:

Book:

1.     M.Laxmikanth, Indian Polity, 5^th edition (2011), pg.no. 7.3

2.     Ibid, pg.no.4.1

Article:

3.     Will Kenton, What Is Affirmative Action? How It Works and Example, Michela Buttignol, July 16, 2023,
https://www.investopedia.com/terms/a/affirmative-action.asp#:~:text=Affirmative%20action%20refers%20to%20a,in%20leadership%20and%20professional%20roles.

4.       Munusamy & Kiruba (2022), The legal basis for affirmative action in India, WIDER Working Paper, No. 2022/74, ISBN 978-92-9267-205-8, The United Nations University World Institute for Development Economics Research (UNU-WIDER), Helsinki,
  https://doi.org/10.35188/UNU-WIDER/2022/205-8,