Topics pertaining to B.G.

1st Semester
Unit: introduction to political theory:-
1. Protective Discrimination
2. Should state intervene in the institution of family?

Submitted by
Mrs. Nazneen Qureshi
HOD Political Science Department
Govt. Degree College for Women Pulwama
 PROTECTIVE DISCRIMINATION
Protective discrimination is the strategy of granting special status or
privilege to the unprivileged backward sections of the society so that the said
reserved class may be able to come up to match with the so called high sections
of the society. As the protective discrimination among the citizens is based on
the certain particular criterion so as to protect interests of the said downtrodden
class the countries like India which are vertically and horizontally divided such
affliction has hampered their right to a basic dignified life and access to state
resources, then they are treated as preferentially schedule castes and schedule
tribes in India such categorisation of the society is to be compensated for the
past injustice perpetrated against them. This deliberately designed measure is
called Protective discrimination. In our country this formula is tagged as
reservation. This special preferential treatment to the backward class is a
method to ameliorate group differences.

As in British period such strategical arrangement were made for the

distribution of power and benefits as per the membership in communal groups
were accepted method of political equality of communities as well as for
improvement of minority sections.

For successful and healthy debate regarding the argument about

protective discrimination v/s fairness of democracy it is very imperative to
highlight both positive and negative aspects of the “protective discrimination”.
Positive aspects of Protective discrimination

1. Protected discrimination is very essential for the successful and

prosperous development of the country like India which vertically and
horizontally divided country only then the right to equality and justice can
be flourished.

2. It develops a favourable atmosphere for the successful working of

democracy.

3. This principle sensitize the upper class of the society above the values of
civil rights like equality, liberty and justice.

4. Protective discrimination ensures socio-political and cultural

development of the SC’s, ST and OBC. Government make all available
services to this class.

5. It implies mental health and hygiene, quality education in short an

individual falling in this category can develop his personality to fullest
extent.

6. Protective discrimination measures acts as a bridge between the

marginalised class and the main stream.
Negative aspects of Protective discrimination

1. Protective discrimination neglects merit by reserving seats irrespective of

confirmation to the set seats for a particular job. It thus encroaches the
principle of equality.

2. Historical deprivation and discrimination should not target new

generation in the form of reverse discrimination.

3. It violates the Aristoles theory of “slavery”. Men are by nature unequal

with respect to their capacities for virtue. Nature has endowed different
qualities to different persons nature does not want people to be mentally
as well as physically equal. This is a pointer to the existence of slavery.

4. As per empirical study of this strategy it has actually faded to reach to

those who need or deserve it.

5. Inequality is natural, some are born to rule and some are born to be ruled.
Hence there should not be deliberate efforts to eliminate this principle.
Does protective discrimination violates principle of fairness

Protective discrimination does not violate the principle of fairness. To

discriminate on certain reservation such as caste, creed, colour, sex etc. is
absolutely wrong then violates the basic principle of fairness but in some
particular cases it becomes imperative to make such differences for maintaining
the social equality. For instance in ancient India such marginalised SC’s, St’s and
OBC were being treated in very inferior terms. State should provide all-round
development and equal access to resources to its citizens in the field of
education, employment, social security and essential commodities of life.

In order to bring the downtrodden marginalised group closer to the

mainstream and march them to the ways of peace, progress and prosperity in
socio-economic and political fields. Hence the issue of protective discrimination
creeps up this is some sort of conscious discrimination of the state to protect
the interests of the backward class.

Inclusion protective discrimination measures violates principle of fairness

depends upon the notion of justice we subscribe. The supporters of ‘Desert’
blindly rejects the notion of protective discrimination but ‘Egalitarians’ support
this principle strongly. For the country like India which is multi-lingual, multi-
religion, multi-racial, multi-cultural etc. protective discrimination measures
means a lot and ensures the development and protection to the interests of the
deprived section who have suffered a lot in past. In such a scenario protective
discrimination does not violate the principle of fairness.
Objective Type Questions

1. Protective discrimination is the policy for granting special treatment to:

a. Unprivileged class

b. Only Economically downtrodden class

c. Upper class

d. None of the above

2. In India protective discrimination is tagged as

a. Special status

b. BPL

c. Education

d. Reservation

3. The measures of protective discrimination sensitize the upper class about

the ideals of

a. Equality

b. Fraternity

c. Democracy

d. Government
4. In ancient India Sc’s, ST and OBC were treated in

a. Very high terms

b. Very low terms

c. Equally

d. None of the above

5. In country like India protective discrimination ensures

a. Political democracy

b. All round development

c. Upliftment of backward

d. Eradication of poverty
Should state intervene in the institution of family?

The family is the most primitive type of association and came into existence
naturally for the satisfaction of the socio-economic needs of an individual. It
shows habitual obedience to the state and the same time provides the state to
exercise its political and legal authority over it. The issue how much authority
should state exercise over family matters has been an issue of debate. There are
many theories regarding this according to one school of thought there should
not be any type of state intervention in the familial matters while as other
school’s perception is that state should play a protective role in the matters
pertaining to family. Those who consider the family as non-political or private
entity believe that state should curb any direction political legal authority with
the family.

In the ancient period when scientific methods were not developed, the
philosophers advanced hypothetical opinions derived from the customs and
traditions. They made clear distinction between household and public realm
but Plato was the only exception in this matter. Plato abolished the institution
of family as well as property because he held the view that unity can be attained
only by abolishing the institution of family. He postulates state, family and
individual as analogous form of unity. Plato’s communism aimed at maintaining
the unity of state. Hence to abolish private property will the selfishness,
corruption and possessive tendencies. State by nature is plurality and embraces
in itself different association of different nature. Institution of family is one of
these important institutions and needs to be preserved.
 According to the father of Political Science state is union of families in
order to live happy and honourable life. For him family is a spirit institution.
Political institution have not authority to interfere in the matter of family. He
endorsed principle of organisation of a society and demanded least or no
interference of the state I private life of an individual. Classical thinkers even did
not even allow state intervention in human rights violation. But it was only J.S.
Mill who turned out to be as champion in the women rights. Hence supported
the idea of state intervention in the institution of family.

Hegel has strongly condemned liberal philosophy of segregation of state

and family. He boldly supported state intervention into the conventionally
sacred duty.

According to Karl Marx, in society there is no need for state, state should
wither away. In a classical society the moral shall be high. The needs of society
shall be fulfilled and a new way of life shall be started. Marx and Hegel’s view
family particularly the monogamous nuclear family, as the sign of inequality
domination, discrimination and oppression of women. They placed family in the
super structure which alters as the economic structure changes. Hence
according to Karl Marx state is an instrument of bourgeois to maintain the
capitalistic mode of production and helps to perpetuate the unjust sexual
division of labour in family. He ensures bourgeois never interfere in the
instruction of family, to stop the suppression of female sex. On the pretext of
privacy, state wants to perpetuate this injustice as it helps the dominant class to
maintain and consolidate the institution of private property.
 Family is natural association like state. It is not necessary for economic
security of the association but is the first school of affection and human values
hence should be preserved. But Plato absolute deprivation of family is
condemned institution of family is the association plays pivotal role in the all-
round development of individual personality. There is no exaggeration in saying
that family is an institution as state but continuance of private family does not
mean complete independence. It can serve useful purpose only if it is being
controlled by state. In that concern the role of the intervention is unavoidable.
The debate shall be incomplete without a study of tremendous role played by
the state especially in the age of globalisation. In order to understand and
analyse eminent role played by state in day to day affairs, the following facts
cannot be ignored:

1. The complete coordination and cooperation of executive and legislative

is possible only because of the [Link] ensures the whole administration
to world for the socio-political and economic development of the society.

2. Creative education, advance healthcare and sophisticated living is only

possible because of the institution of state.

3. The continued struggle on the behalf of the Indian women succeeded in

getting several law viz:
 Special marriage and divorce Act (1955),
 The Hindu adaptation Act (1956),
 Interstate succession Act (1956),
 Dowry prohibition Act (1961).
 The laws thus passed included:
 The equal remuneration Act (1976),
 The child marriage restraint (Amendment Act 1983),
 The family court Act (1984),
The criminal Act against women was done away, marital age of girls
was raised to 18 years and for man 21 years. The example of rape, eve-
teasing, black mailing, cybercrime have been curbed to the large extent
only because of the magnificent role played by state.

4. “Baite Bachao Baite Padao Andolan “is really praise worthy step by the
state.

5. In the age of internationalism and global economic interdependence the

only means to attain progress and power in the field of industrialization
and technological advancement are only possible because of the
dedicated role ensured by the state.

6. The important civil rights enjoyed by the citizen viz. Right to life, Right to
family, Right to liberty, Right to equality, Right to freedom of speech and
expression and Right to education by the state can restrict or curtail
theme in the interest of the people.

7. Collective security is regarded as one of the most promising approaches

to peace and a valuable device of power management at national as well
as international level. It postulates a commitment on the part of nation
against aggression and invasion. It is possible only because of the
institution of state.
8. Social Institution:
The social institutions like orphan houses, old age houses, tribal
rehabilitation centre and old age pensions are though interference of the
state but are for the benefit and development of family and society.
In the view of the above mentioned facts family is only a natural
institution essential for development of individual personality. But the
magnificent and custodial role played by the state cannot be estimated.
Family must not be free from social obligations. The state must fulfil
certain responsibilities in regard to the institution of family.
Objective Type Questions

1. The family is the most primitive type of association and came into
existence naturally who said it

a. J. J. Rousseau

b. Thomas Hobbes

c. J. Bodin

d. Aristotle

2. Plato’s theory of communism of family on the part of guardians stands for

a. Complete deprivation of family

b. To abolish property

c. All round development of society

d. Socio economic development.

3. The laws passed for women empowerment include

a. The equal remuneration Act (1976)

b. The child marriage restraint (Amendment Act 1983)

c. The family court Act (1984)

d. All of the above

4. In the age of internationalism and global economic interdependence what
we attain due to dedicated role played by state

a. Foreign investments

b. Increase in import export

c. progress and power in the field of industrialization and

technological advancement

d. None of the above.

5. The continued struggle on the behalf of the Indian women succeeded in

getting

a. Share in family property

b. Laws for women empowerment

c. Reservation for women

d. All of the above