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This is the third edition of a painstakingly researched and remarkably comprehensive book on the Indian experiment with constitutionally sanctioned policies of preferential treatment/ compensatory discrimination/ affirmative action on behalf of the historically oppressed and excluded castes and classes of the country. The policies were meant originally to be transitional arrangements, the nation's ultimate goal being the establishment of a casteless and classless society. The way things turned out however, both caste and class have remained deeply entrenched as legal, administrative, political, and social realities. The book traces the pre - independence history of the developing concern for the 'depressed classes' in the first part of the twentieth century, the debates in the Constituent Assembly, and goes on to a critical analysis of the first thirty years of the constitutional regime of preferential treatment for identified beneficiaries - Scheduled Castes/ Scheduled Tribes/ other Backward Classes - in the fields of legislative representation, employment, education, and government service. The book's special emphasis is on the role of the higher judiciary and its interventions in the course of cases arising from the policy of reservation, as well as the constitutional context of fundamental rights. This edition includes a preface written by the author for the second (paperback) edition published in 1991, following the controversy over the proposal to implement the Mandal Commission Report. It also includes a new introduction summing up the current situation.
The United Progressive Alliance (UPA) government (2004–14) led by the Congress came to power with a radical agenda for religious minorities. This included legislation and policies against discrimination and disadvantages suffered by religious minorities, especially Muslims, and a new framework for delivering substantive equality of opportunity. This work offers a new interpretation of the UPA's record. In critically re-evaluating the UPA's performance, it uses an institutional policy analysis approach which combines historical institutionalism (and path dependence) with policy analysis. It draws on official sources and extensive interviews with elite administrators and policy makers who were at the core of decision making during the UPA's tenure in office. Detailed case studies are provided of Muslims in public sector employment, the provision of service delivery for Muslim communities in India, and the efforts to create a new legislative framework against communal violence.
This monograph explores some of the conceptual questions which underpin the legal disputes which arise in relation to equality and discrimination. Among these are questions about the meaning of 'equality' as a legal concept and its relationship to the principle of non-discrimination; symmetrical and asymmetrical approaches to equality/non-discrimination; the role of comparators in discrimination/equality analysis; the selection of protected characteristics and the proper sphere of statutory and constitutional protections, and the scope for and regulation of potential conflicts between protected grounds. The author engages with domestic, EU and ECtHR case law as well as with wider international approaches.
A cross-cultural volume that investigates the question of how social minorities are formed
This title was first published in 2001. In the articles collected in this anthology, contemporary analytic philosophers examine the ways in which the notion of equality functions in moral and political discourse. Among the topics discussed are the relationship between the ideal of equality and formal features of moral discourse, the conflict between the ideal of equality of welfare and the ideal of equality of resources and the relationship between the equality of opportunity and the equality of results.
When thinking of India, it is hard not to think of caste. In academic and common parlance alike, caste has become a central symbol for India, marking it as fundamentally different from other places while expressing its essence. Nicholas Dirks argues that caste is, in fact, neither an unchanged survival of ancient India nor a single system that reflects a core cultural value. Rather than a basic expression of Indian tradition, caste is a modern phenomenon--the product of a concrete historical encounter between India and British colonial rule. Dirks does not contend that caste was invented by the British. But under British domination caste did become a single term capable of naming and above all subsuming India's diverse forms of social identity and organization. Dirks traces the career of caste from the medieval kingdoms of southern India to the textual traces of early colonial archives; from the commentaries of an eighteenth-century Jesuit to the enumerative obsessions of the late-nineteenth-century census; from the ethnographic writings of colonial administrators to those of twentieth-century Indian scholars seeking to rescue ethnography from its colonial legacy. The book also surveys the rise of caste politics in the twentieth century, focusing in particular on the emergence of caste-based movements that have threatened nationalist consensus. Castes of Mind is an ambitious book, written by an accomplished scholar with a rare mastery of centuries of Indian history and anthropology. It uses the idea of caste as the basis for a magisterial history of modern India. And in making a powerful case that the colonial past continues to haunt the Indian present, it makes an important contribution to current postcolonial theory and scholarship on contemporary Indian politics.
EPDF and EPUB available Open Access under CC-BY-NC-ND licence. In the latest edition of Social Policy Review, experts review the leading social policy scholarship from the past year. The book addresses current issues and critical debates within the field, with a particular focus on intergenerational research. Contributors also explore key social policy and research developments across a wide range of themes, including the impact of COVID-19 on eldercare and homelessness, research into Faith Based Organisations, local social services in Italy and social policies for Autistic adults in England and Wales. Published in association with the Social Policy Association, this comprehensive volume will be essential reading for students and academics in social policy, social welfare and related disciplines.
This book examines the controversial 103rd Constitutional Amendment to the Indian Constitution that introduced an income and asset ownership-based new constitutional standard for determining backwardness marking a significant shift in the government’s social and public policy. It also analyses state level policies towards backwardness recognition of upper-caste dominant groups through case studies of Maharashtra, Haryana, and Gujarat. It provides an analytical and descriptive account of the proliferation of reservation policy in India and critiques these interventions to assess their implication on constitutional jurisprudence. Further, it assesses the theoretical and empirical challenges such developments pose to the principle of substantive equality and scope of affirmative action policies in Indian constitutional law and general discrimination law theory. The monograph shows how opening up of reservations for dominant upper-caste groups and general category will have implications for the constitutional commitment to addressing deeply entrenched marginalisation emanating from the traditional social hierarchy and the understanding of substantive equality in Indian Constitutional law. Further, it highlights key contradictions, incoherence, and internal tension in the design of the reservations for Economically Weaker Sections Critical, comprehensive, and cogently argued, this book will contribute and shape ongoing constitutional policy and judicial debates. It will be of great interest to scholars and researchers of law, Indian politics, affirmative action, social policy, and public policy.