Internal Assessment:- Constitution

-Submitted to: Prof. Dr. Ayaz Ahmed.

Affirmative Action (Women & Children)

Prepared by- Om D. Goswami, Yash B. Sikka

Sem-II, Class-A

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Roll No. 35, 48
Enrolment No. 1006AL0066, 1006AL0094

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 DECLERATION

The text reported in the project is the outcome

of my own efforts and no part of this project
assignment has been copied incorporated
without due acknowledgement.

X
Om D. Goswami

X
Yash B. Sikka

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Table of Contents&Cases
Introduction to the topic: Affirmative Action (Women and Children)...........................................5
How did Affirmative Action started?.............................................................................................5
What is Affirmative Action?...........................................................................................................5
Affirmative Action in India.................................................................................................................6
Affirmative Action in India (General):..........................................................................................6
Affirmative Action in India (Women & Children)............................................................................7
I.Reasons for Affirmative Action (Women):..................................................................................7
II.Reasons for Affirmative Action (Children):..............................................................................8
Role of Government to uplift Women & Children............................................................................9
Constitutional Protections Available for upliftment of Women and Children.............................10
I.Vishaka & Ors. V/S State of Rajasthan (Air 1997 Sc 3011) - Sexual Harassment Landmark
Case....................................................................................................................................................11
II. Lata Singh Vs State of Uttar Pradesh- adult woman the right to marry or live with anyone of
her choice. Bench...............................................................................................................................11
III. Lakshmi Kant Pandey v. Union of India, 1984 AIR 469..........................................................11
IV. M.C. Mehta v. State of Tamil Nadu and Others, 1996 – The Child Labour Case..................12
Conclusion..........................................................................................................................................13

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 Research Methodology
The below research on Affirmative action (Women & Children)
illustrate that women and children face a variety of
discrimination in their lives. The main aim of this research is to
know the causes and consequences of discrimination against
women and with different aspects nutrition, education, health,
decision making, and behaviour of men towards women and
children in India. And also, the benefits and AA the are getting
and what the Govt. is doing to uplift them.

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 Introduction to the topic: Affirmative Action (Women and Children)

How did Affirmative Action started?

Affirmative action was mainly started in west region to uplift an benefit the African
American people, though many then affirmative action programs were started for other racial
and ethnic groups also for many other community also for hiring them for jobs, admissions
in school and many more areas tough there is no specific reason or point that affirmative
action was only for them I is still a question Affirmative Action for whom?.

What is Affirmative Action?

 Affirmative action is an action in which individual’s colour, race, sex, religion or
national origin is takin in account to increase opportunities provided to
underrepresented part of society. it is also sometimes also mentioned as positive
discrimination. This policy focuses on demographics who historically have low
representations in positions of leader, professional roles and academics.
 Affirmative action in the United States. Affirmative action in the United States is a set
of laws, policies, guidelines, and administrative practices "intended to end and correct
the effects of a specific form of discrimination" that include government-mandated,
government-sanctioned and voluntary private programs
 Affirmative action in India Affirmative action policies in India was mainly developed
to address long histories of discrimination faced by minorities, women and children

Arguments in favour of affirmative action:

There are many points on which I favour affirmative action generally which are,
i. If you take example of Africans who were bought to U.S as a slave were exploited for
several years by the White people the were treated as bad as animals were treated the
did not had any rights or proper facilities of living during the British era.
ii. At the first 250 years of America African people was treated as commodities and were
traded as slaves. They barred from all level of education, from basic reading to higher
level of skills useful in outside of plantation settings they were bought as servants and
then slaves.
iii. After the slavery abolition in 1865 Black-Americans saw a huge educational gap
between them and whites. They were forced to attend different underfunded schools
due to Plessy V. Freguson. Though de jure1 school segregation ended with Brown V.
Board of education. De facto2 continuies in education in present day.

1
De jure segregation is legal separation of groups of people based on law.
2
In law and government, de facto describes practices that exist in reality, even though they are not officially recognized by laws.

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 Affirmative Action in India

Affirmative Action in India (General):

 Reservation in India is a system of affirmative action that provides representation for
historically and currently disadvantaged groups in Indian society in education,
employment and politics. It is intended to realise the promise of equality enshrined in
the Constitution of India.
 India’s affirmative action (AA) programme is primarily caste-based, although there is
some AA for women in the electoral sphere. AA in India, as elsewhere in the world, is
contentious for three reasons.
1. First, there is considerable debate over the assessment of caste disparities, the
prima facie reason for the existence of AA these are significant at all; if yes, to
what extent and in which
sphere; and whether they have been narrowing over time
2. Second, there is a larger debate about whether caste is the valid indicator of
backwardness or should AA be defined in terms of class/income or other social
markers, such as religion.
3. . Third, there is the overarching debate about whether AA is desirable at all, in any
form, regardless of which social identity is used as its anchor.

 Dr. B. R. Ambedkar, the chief architect of the constitution of independent India, who
ensured that AA was constitutionally mandated, himself did not see AA as a panacea 3.
He did not believe that the caste system could be made less malignant 4. He said “…
my ideal would be a society based on Liberty, Equality and Fraternity… [the caste
system] means a state of slavery … a society in which some men are forced to accept
from others the purposes which control their conduct” (emphasis in the original).
 In India the AA program divides into broadly four main parts/castes:
1. Scheduled Castes (ex-untouchable jatis, SC), on average about 18 percent of the
Indian population
2. Scheduled Tribes (ST), on average about 8 percent of the Indian population;
3. Other Backward Classes (OBCs, a heterogeneous collection of Hindu low castes,
some non-Hindu communities and some tribes which are not included in the STs)
4. Others the remaining everyone else.
 The affirmative action programme in India consists of 22.5 percent quotas in
government educational institutions, government jobs and in all levels of elected
bodies for SCs and STs. In addition, since 1990, following the implementation of the
Mandal Commission Report, there are 27 percent quotas for OBCs in jobs, which in
2006, via the 93rd constitutional amendment, were extended to educational
institutions

3
a solution or remedy for all difficulties or diseases.

4
evil in nature or effect; malevolent.

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 Affirmative Action in India (Women & Children)
 Women and Children are two groups which are considered weaker and less capable
than Male sections. As India has an history of Male dominating society mostly
women and children suffer from many discriminations in India. Due to this AA for
women and children is necessary to uplift them and to help them stand equal as other
sections.
 Country like India have huge issue of grnder discrimination which is faced by women
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and children of the country and this is what it stops them from being equally
developed.
I.Reasons for Affirmative Action (Women):
 Women in India is facing many discriminations compared
to other categories as women are considered weak and less
capable compared to is opposite sex women in India.
Women in India faces many problems due to the
discrimination happening to them such as:
1. Educational rights: Women in rural India faces many
problems regarding education as the rural people believe they are not meant for
education and job they are just meant for being married as a house wives and
keeping the family, children and their man. They face huge discrimination when it
comes to educational rights despite the efforts of the government, they are not
allowed to attend higher schools compared to male gender.

2. Social discrimination: Women are

considered inferior to men and
cannot take part in decision
making male member of the
family is the main head of the
family women are not allowed to
take part in decision making of the
family. Due to rigid mentality,
narrow views and adherence to
age old customs and traditions are
the main reasons of discrimination against women in India. People develop the
same narrow-minded view and mistreat women by not giving them their basic
rights and giving the away in marriage at a very young age to a man much older
than them. Families also marry off their girls at a young age to lessen the burden.
3. Discrimination in healthcare: Healthcare is another field where women face
discrimination. Marriage at an early age and child bearing too takes toll on their
health. Due lack of awareness and lack of education many women faces personal
hygiene problems due to narrow mind people
4. Job discrimination- Due to lack of education many women who wants to earn and
do job are not able to do so and those who make it to job faces discrimination like

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https://www.equalrights.org/issue/economic-workplace-equality/discrimination-at-work/

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 not being hired, or being given a lower-paying position or being paid less than a
person of a different sex who is similarly or less qualified than you, or who has
similar job duties than you. Requests for sexual favors, or other verbal or physical
harassment of a sexual nature
II.Reasons for Affirmative Action (Children):
 Discrimination can be direct or indirect. Indirect discrimination is the inequitable
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treatment of one group disadvantaging another, as opposed to direct discrimination in
which the focus of discriminatory attitudes, actions, and policies is the group itself.
Children are similarly under-represented in funding for research and development,
resulting in an inadequate evidence base for much paediatric practice
Discrimination faced by children are such as:
1. Health issues- Diarrhoea and malnutrition are two of India’s biggest killers of
children under the age of 5. Along with poor access to nutritious foods, both these
issues are linked to poor hygiene, as infections trigger mineral depletion and loss
of appetite. India finds prominent mention in the annual global tally of deaths of
children under the age of 5. For every 1,000 live births, 42 die, and every 20
seconds a child dies from preventable causes like pneumonia, preterm and birth
complications, newborn infections,
diarrhoea and malaria.
2. Lack of education-A UN report
recently revealed that India is home
to the world’s largest population of
illiterate adults (287 million), and
contributes 37% of the global total.
While the latest data shows that
literacy rose from 48% (1991) to
63% (2006), population growth
cancelled out these gains, meaning
no effective change in the number
of illiterates. Primary education spending is a decider in literacy, as seen in
Kerala, one of India’s most literate states of the country, where education
spending per pupil was about $ 685.
3. Exploitation in the form of child labour-India has the world’s most number of
people under ‘modern slavery’ – 14 million. This includes slave labour conditions
like bonded labour, sex trafficking, child labour, domestic ‘help’ etc. Children
today continue to be employed in hazardous occupations - over 12 million
children (aged 5 – 14) work in construction, manufacturing of beedis, bangles and
fireworks industry.
4. Violence and abuse-In 2013, India was among the top 5 countries with the highest
rate of child sexual abuse. A 2013 report by the Asian Centre for Human Rights
revealed that sexual offences against children in India were at an “epidemic” level
– citing, over 48,000 rape cases between 2001 to 2011, and a 337% increase in
child rape cases from 2001 (2,113 cases) to 2011 (7,112 cases). Child sex abuse
(CSA) occurs across geographies, economic levels, and even across relationships
– strangers, friends, family members had all been perpetrators.
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https://adc.bmj.com/content/89/9/804

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 Role of Government to uplift Women & Children

Government of the country plays a very vital role in uplifting the backword categories there are
different ways of different government to uplift them in India it is called reservation where there is
specially reserved quotas for them to get chances to uplift and develop them. Govt. has introduced
many schemes to uplift women and children of the country. Some of the schemes are:

1. Mother and Child Tracking System (MCTS)- The Mother and Child Tracking System was
launched in 2009, helps to monitor the health care system to ensure that all mothers and
their children have access to a range of
services, including pregnancy care, medical
care during delivery, and immunizations.
The system consists of a database of all
pregnancies registered at health care
facilities and birth since 1 December 2009.
2. Beti Bachao Beti Padhao Scheme-The
campaign aims at ensuring girls are born,
nurtured and educated without
discrimination to become empowered
citizens of this country. The Campaign
interlinks. National, State and District level
interventions with community level action in
100. districts, bringing together different
stakeholders for accelerated impact.
3. Anganwadi-Anganwadi is a type of rural child care centre in India. They were started by the
Indian government in 1975 as part of the Integrated Child Development Services program to
combat child hunger and malnutrition. Anganwadi means "courtyard shelter" in Indian
languages.
4. A typical Anganwadi centre provides basic health care in a village. It is a part of the Indian
public health care system. Basic health care activities include contraceptive counseling and
supply, nutrition education and supplementation, as well as pre-school activities.The centres
may be used as depots for oral rehydration salts, basic medicines and contraceptives. As of
31 January 2013, as many as 13.3 lakh (a lakh is 100,000) Anganwadi and mini-Anganwadi
centres (AWCs/mini-AWCs) are operational out of 13.7 lakh sanctioned AWCs/mini-AWCs.
These centres provide supplementary nutrition, non-formal pre-school education, nutrition
and health education, immunization, health check-up and referral services of which the last
three are provided in convergence with public health systems.
5. Child protection scheme-The Integrated Child Protection Scheme (ICPS) is a governmental
program implemented by the Government Of India to help secure the safety of children,
with a special emphasis on children in need of care and protection, juveniles in conflict or

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 contact with the law and other vulnerable children. Its primary purpose is to create a central
structure to provide oversight and standardization for pre-existing and evolving child
protection schemes in India. Proposed in 2006 and implemented in 2009, the ICPS is
administered at the state level by state child protection committees and societies and at the
district level by district child protection societies, among other institutions

Constitutional Protections Available for upliftment of W7omen and Children

At the time of independence, there was a new constitution being drafting by the experts with
the lead of Dr. Ambedkar who kept in mind about the equal treatment and opportunities given
to all who were socially backward. The drafting panel made special provisions and article in
the constitution which helped them to get their equal protection and equal rights.
The following articles for the protection of women and children:
1) Under the part III of the Indian constitution which is about the fundamental rights
under that rights to equality these were to provide equal rights and equal benefits to
all irrespective of gender and also under the right to freedom
A. Article:14. Equality before law.—The State shall not deny to any person
equality before the law or the equal protection of the laws within the territory of
India.
B. Article: 15. Prohibition of discrimination on grounds of religion, race, caste,
sex or place of birth8.—(1) The State shall not discriminate against any citizen on
grounds only of religion, race, caste, sex, place of birth or any of them
C. Article:16. Equality of opportunity in matters of public employment9.—(1)
There shall be equality of opportunity for all citizens in matters relating to
employment or appointment to any office under the State.
D. Article:21A. Right to education10.—The State shall provide free and compulsory
education to all children of the age of six to fourteen years in such manner as the
State may, by law, determine
E. Article: 23.Prohibition of traffic in human beings and forced labour11.—(1)
Traffic in human beings and begar and other similar forms of forced labour are
prohibited and any contravention of this provision shall be an offence punishable
in accordance with law.
F. Article:24 Prohibition of employment of children in factories, etc12.—No child
below the age of fourteen years shall be employed to work in any factory or mine
or engaged in any other hazardous employment.
These were some of the main constitutional provisions which help to protect and uplift
women and children of the country mentioned in the constitution of India.

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https://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf
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https://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf
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https://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf
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https://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf
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https://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf

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 Cases which set benchmark for women and children upliftment

I.Vishaka & Ors. V/S State of Rajasthan (Air 1997 Sc 3011) - Sexual Harassment
Landmark Case13
CJI, Sujata V. Manohar, B. N. Kirpal

Vishaka & ors. v/s state of Rajasthan[1]is a case which deals with the evil of Sexual
Harassment of a women at her workplace. It is a landmark judgment case in the history
of sexual harassment which as being decide by Supreme Court. Sexual Harassment
means an uninvited/unwelcome sexual favor or sexual gestures from one gender
towards the other gender. It makes the person feel humiliated, offended and insulted to
whom it is been done. In many of the cases, it has been observed that homosexual labor
harass an employee belonging to the same sex to which he belongs.

II. Lata Singh Vs State of Uttar Pradesh14- adult woman the right to marry or live with
anyone of her choice. Bench
J.Ashok Bhan and J.Markandey Katju
Lata Singh was an adult when she left her family home to be joined in matrimony with
a man from a lower caste. Her brothers, who were unhappy with the alliance, filed a
missing person report, and alleged Lata had been abducted. This resulted in the arrest
of three people from her husband's family.
In order to get the charges dropped, Lata Singh filed a petition which resulted in the
landmark judgment by the Supreme Court that allowed an adult woman the right to
marry or live with anyone of her choice.
The court further ordered that the police initiate criminal action against people who
commit violence against those who decide on inter-religious or inter-caste marriages.

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http://www.legalserviceindia.com/legal/article-374-case-analysis-vishaka-and-others-v-s-state-of-
rajasthan.html
14
http://lawtimesjournal.in/lata-singh-vs-state-of-u-p-anr/

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III. Lakshmi Kant Pandey v. Union of India, 1984 AIR 46915
J. BHAGWATI, J. P.N. PATHAK, J. R.S. SEN, j. AMARENDRA NATH
The petitioner, Lakshmi Kant Pandey, an attorney, wrote to the Supreme Court (Court)
alleging neglect and malpractice on the part of social organizations and private
adoption agencies facilitating the adoption of Indian children to foreign parents. He
noted the long and hazardous journeys these children made to foreign countries, along
with instances of neglect they experienced from their adoptive parents resulting in
impoverishment or sexual exploitation of the children. The Court treated his letter as a
writ petition (a filing made with a higher court to secure prompt review of an issue) and
this instituted the basis of the public interest litigation.

IV. M.C. Mehta v. State of Tamil Nadu and Others, 1996 – The Child Labour Case 16
Bench: Kuldip Singh, B.L. Hansaria, S.B. Majumdar
Our constitutional makers were wise enough to keep into consideration the future of the
children in India. The situation of children born in India was not pleasant at the time of
independence. Therefore, the makers of our constitution prohibited employment of
children below the age of 14 in factories under Article 24 and imposed a duty on the
state to provide fee and compulsory education of children under Article 45 of the
Constitution. After the decision of Unni Krishnan[1], Article 45 has acquired the status
of a fundamental right. The Court acknowledged that despite the presence of such
provisions in our constitution, children are still exploited and forced into child labour
even after 50 years of independence of our country.
Sivakasi was considered as one of the worst regions that violated these provisions by
employing young children in its match factories. The court noted that the
manufacturing process of matches and fireworks is hazardous to the health of children
and may give rise to fatal accidents.The court noted that the process of manufacturing
matches and fireworks is hazardous and may give rise to accidents. By relying on
Article 39(f) and Article 45 of the Constitution, the court gave certain directions to
improve the quality of life of children employed in the factories. The Court also felt the
need of constituting a committee to oversee the directions passed. The committee was to
consist of (1) Shri R.K. Jain, a senior advocate; (2) Ms. Indira Jaisingh, another senior
advocate; and (3) Shri K.C. Dua, Advocate.

15
https://www.escr-net.org/caselaw/2015/lakshmi-kant-pandey-v-union-india-1984-air-469
16
https://lawtimesjournal.in/m-c-mehta-v-state-of-tamil-nadu-and-others-1996-the-child-labour-cas

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 Conclusion
By doing this internal assessment I came to know about
affirmative action. What is meant by affirmative action (women
and children)? What are the problems faced by them, what is the
role of government for upliftment of the following categories and
what are the constitutional rights provided to them? By doing this
assessment I came through some of the landmark judgements
given by the supreme court of India which helped them to uplift
and bring them up socially.

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 Bibliography
Website:-
 research.economics.unsw.edu.au
 https://www.savethechildren.in/
 https://yourstory.com/2018/01/8-landmark-judgements-that-changed-the-course-for-
women-in-india
 https://wcd.nic.in/schemes-listing/2404
 https://wcd.nic.in/schemes/child-protection-scheme
 https://wcd.nic.in/bbbp-schemes
 https://wcd.nic.in/schemes-listing/2405
 https://theirworld.org/news/challenges-children-face-just-to-go-to-school
 ww.cry.org
 https://www.cry.org/issues-views/gender-inequality?
gclid=CjwKCAjw95D0BRBFEiwAcO1KDONGWJkNwAUBqSG2yuDv7_n2kDk2LuVAi3UhkOyy2Q
Xfiisz0YTqxxoCPIoQAvD_Bw
 https://www.omicsonline.org/open-access/causes-and-consequences-of-gender-
discrimination-against-women-inquetta-city-2151-6200-1000277.php?aid=90685
 wcd.nic.in
 savethe children.in
 ministry of child & women.in
 manupatra.com
Ebook:-
 Constitution of India
 Social Justice Through Affirmative Action in India: An

Assessment

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