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Q.2) Article 15(1) of the Constitution of India prohibits the state from discriminating against individuals on basis of certain protected characteristics. But it does not bar private individuals or institutions from doing what the state is not permitted to. In light of this, discuss the need for anti-discrimination law in India and its provisions. (10 Marks)

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Swatantra

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“Mentor’s Comments”

  • https://www.thehindu.com/opinion/lead/a-kerala-model-for-an-anti-discrimination-law/article35270240.ece
  • In the intro, mention the restriction place on the State against discrimination based on religion, race, caste, sex and place of birth.
  • In the body, discuss the prevalent form of discrimination in the society such as housing discrimination, discrimination against the LGBTQIA+ community,  intersectional discrimination as described by the Supreme Court in Patan Jamal Vali vs State of Andhra Pradesh. Also mention that the Sachar Committee, in 2006 and the Expert Group on Equal Opportunity Commission recognised the need for an anti-discrimination law.  In the provisions suggest that the law should prohibit employers, landlords, traders, service providers, private persons performing public functions, and public authorities against the prohibition on various grounds mentioned in the article.
  • Conclude by mentioning that anti-discrimination law is not a panacea for the problems of inequality and social prejudice that are deeply rooted in our society. Nevertheless, it is a necessary step — an idea whose time has come.

Comments

15 responses to “Q.2) Article 15(1) of the Constitution of India prohibits the state from discriminating against individuals on basis of certain protected characteristics. But it does not bar private individuals or institutions from doing what the state is not permitted to. In light of this, discuss the need for anti-discrimination law in India and its provisions. (10 Marks)”

  1. subhashree mallick Avatar
    subhashree mallick

    PAY_HH1EGxOD3EG3hl

    1. subhashree mallick Avatar
      subhashree mallick

      @swatantra sir not cheked

    2. Swatantra Avatar
      Swatantra

      Subhashree

      Good attempt, introduction can be a bit more nuanced. Mention provisions of article 15 and foundational principles like socio-economic justice mentioned in preamble and DPSP.

      In the body mention that while FRs prevent discrimination by state, legislation is lacking to prevent discrimination by private individuals, employers, landlords etc
      Types of discrimination mentioned are fine.

      Also Sachar committee etc don’t provide remedies, they are advisory in nature. So you can mention them as recommendations. Points are fine.
      Also talk about need to bring about societal changes in way forward, legislation alone cannot get rid of deep-rooted discriminatory beliefs prevalent in the society.

      Conclusion is fine. Keep practicing. 🙂

  2. SUMITA DOWERAH Avatar
    SUMITA DOWERAH

    Payment Id: pay HFrdyJMOEZ9967. Please review, Sir.

    1. Swatantra Avatar
      Swatantra

      Sumita

      Your knowledge is good, however mention the SC judgements and committee names and recommendations for value-addition.

      Introduction is fine, you can mention that socio-economic justice and equality are the foundational principles of our constitution as mentioned in preamble, DPSP etc

      Mention Patan Jamal Vali vs State of Andhra Pradesh case in intersectional discrimination. In need for ADL, you can also mention Expert Group on Equal Opportunity Commission.
      In provisions also, you can mention recent examples set by SC in Sabarimala case, Navtej Johar etc

      Conclusion is fine. Keep practicing. 🙂

  3. ankita thakur Avatar
    ankita thakur

    Payment id-HJHAZEWKSzM3CX

    1. Swatantra Avatar
      Swatantra

      Ankita

      Your content is fine, however presentation can be improved.

      Introduction is good, you can also mention the foundational principles of socio-economic justice, equality and fraternity mentioned in preamble.

      In types of discrimination experienced, make the section concise. Give a subheading and write in pointwise format if need be.
      Also write a brief way forward and conclusion. You can give examples of committees’ recommendations in way forward, recent SC judgements in Sabarimala case and Navtej Johar case can be used as precedents set by the apex court.

      In conclusion, you can talk about the need to bring about societal changes, legislation alone cannot get rid of deep-rooted discriminatory beliefs prevalent in the society.

      Keep practicing. 🙂

  4. AABHA RANI Avatar
    AABHA RANI

    Razor payment id: HHOoNABVzCCLcD

    1. Swatantra Avatar
      Swatantra

      Aabha

      In introduction, begin with provisions of article 15, foundational principles of socio-economic justice, equality and fraternity mentioned in preamble and DPSP.

      Also mention that although FRs provide guarantees against discrimination by state, legislation is lacking for preventing discrimination by private individuals, employers, landlords etc
      Rest of the answer is fine.

      Conclusion is good, keep practicing. 🙂

      5.5/10

  5. Kartikey Singh Avatar
    Kartikey Singh

    pay_HHogiMPYpQ87sC

    1. Swatantra Avatar
      Swatantra

      Kartikey

      Introduction is good. In types of discrimination also mention about intersectional discrimination as described by the Supreme Court in Patan Jamal Vali vs State of Andhra Pradesh.

      After Sachar committee, you can also talk about Expert Group on Equal Opportunity Commission that recognised the need for an anti-discrimination law.

      In conclusion, you can talk about the need to bring about societal changes, legislation alone cannot get rid of deep-rooted discriminatory beliefs prevalent in the society.

      Mentioning examples from SC judgements and committee recommendations will give you some extra marks, so try to incorporate them wherever possible.

      Keep practicing. 🙂

  6. Rajesh Reddy Avatar
    Rajesh Reddy

    Kindly review @Swatantra sir order no #0000422220

    1. Swatantra Avatar
      Swatantra

      Rajesh

      In introduction, mention article 15, also some principles of preamble and DPSP like socio-economic justice, equality, fraternity can be mentioned.

      Rest of the answer is fine. You can also mention about Expert Group on Equal Opportunity Commission that recognised the need for an anti-discrimination law. In types of discrimination, mention can also be made of housing discrimination, discrimination in employment and against LGBTQ community and persons with disabilities.

      Provisions and conclusion are good. You can use SC judgements in Sabarimala case, Navtej Johar case as examples which have set precedents.

      Keep writing. 🙂

  7. Deepali Rajan Avatar
    Deepali Rajan

    Ref id 420326
    @swatantra sir

    1. Swatantra Avatar
      Swatantra

      Deepali

      Try to mention SC judgements, committee recommendations etc wherever possible to give more weight to the answer.

      Introduction is good. Also mention various types of discrimination observed in society such as housing discrimination, discrimination against the LGBTQIA+ community, intersectional discrimination as described by the Supreme Court in Patan Jamal Vali vs State of Andhra Pradesh.

      You can give examples of precedents set by SC in Sabarimala case, Navtej Johar case etc. Also mention Expert Group on Equal Opportunity Commission that recognised the need for an anti-discrimination law.

      Provisions are fine, conclusion is also fine.

      Keep practicing. 🙂

      4.5/10

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