Does Protective Discrimination Violate the Principle of Justice?

  • Rajkumar Singh and Amber Srivastava
  • Show Author Details
  • Rajkumar Singh

    Student at Law College Dehradun Uttaranchal University, Dehradun, Uttarakhand, India

  • Amber Srivastava

    Assistant Professor at Law College Dehradun Uttaranchal University, Dehradun, Uttarakhand, India

  • img Download Full Paper


The paper is both multi-layered and fragmented as it dives into the complicated terrain of social equality, in which the principles of protective discrimination and affirmative action are the foundation stones of justice restoration and the building of a just society. The principle of equality is considered in this regard, an explicit recognition that special rights which are based on caste, religion, sex, region and ancestry should be done away with; and that all people can enhance their socio-economic status by merit and hard work without overlooking the need to harness people’s potential, no matter where they come from. On the other hand, that case of affirmative action, as a mechanism for safekeeping of the interests of the disadvantaged and underprivileged classes socially and economically, as a central point. Positive discrimination could be named as the crucial means for achieving social justice and equity. The main thread of the paper illuminates the role of affirmative action, through which the members of the ethnic minorities face unequal treatment in different spheres: education, employment and. It is concerned with the way this concept plays out in terms of the huge bubble of tough versus soft type of affirmative action, sticking the spotlight on the complexity of these policy forms. It argues for the refined conception of protective discrimination and the equal opportunities promotion raising the issue of national and social equality concern and the way the inclusive and fair development is promoted. It stresses on the qualities of rationality, ethics and more importantly, equitable policymaking to evaluate historical injustices dealt by the society, resulting in equality of opportunities for every single person of the society and the advancement of principles of justice and equity.




International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 3966 - 3973


Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


Copyright © IJLMH 2021