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Journal ArticleDOI

Examining the Concept of Equal Opportunity and the Application of ‘Protective Discrimination’ to ‘Vulnerable Groups’:

30 Aug 2017-Contemporary Voice of Dalit (SAGE PublicationsSage India: New Delhi, India)-Vol. 9, Iss: 2, pp 136-147
TL;DR: In this connection, the debatable issue in the contemporary era is: When are these provisions applied to all classes of people and when are they applied to vulnerable classes of persons? Whether the doctrine of protective discrimination has any limitation and, if so, to what extent?
Abstract: The Constitution of India guarantees the right to equality, non-discrimination and equal opportunity in admission and public employment through Articles 14–18, while these provisions also recognize certain vulnerable groups of people empowering the state to make special laws for their upliftment under protective discrimination. In this connection, the debatable issue in the contemporary era is: When are these provisions applied to all classes of people and when are they applied to vulnerable classes of people? Whether the doctrine of protective discrimination has any limitation and, if so, to what extent?
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Journal ArticleDOI
TL;DR: Santokbehn, agricultural laborer, Ahmedabad as mentioned in this paper wrote a letter from the sea to the second daughter-in-law of her own family, which gave her the courage to write this letter as herself.
Abstract: We come from our family’s house to live in our husband’s house. If we mention our name in this house, they say, “Oh, that is another family”. Yet when it comes to working, they say, “What you earn is ours, because you are in this family’s house”, or “because you are working on this family’s land. Let the land be registered in our names, so that we will not always feel like we are in someone else’s family”. (Santokbehn, agricultural laborer, Ahmedabad) In your joint family, I am known as the second daughter-in-law. All these years I have known myself as no more than that. Today, after efteen years, as I stand alone by the sea, I know that I have another identity, which is my relationship with the universe and its creator. That gives me the courage to write this letter as myself, not as the second daughter-in-law of your family … I am not one to die easily. That is what I want to say in this letter. (Rabindranath Tagore, ‘Letter from a Wife’, 1914) We not only want a piece of the pie, we also want to choose the eavor, and to know how to make it ourselves. (Ela Bhatt, founder, Self-Employed Women’s Association (SEWA), 1992)

333 citations

01 Jan 2002
TL;DR: Santokbehn, agricultural laborer, Ahmedabad as discussed by the authors wrote a letter from the sea to the second daughter-in-law of her own family, which gave her the courage to write this letter as herself.
Abstract: We come from our family’s house to live in our husband’s house. If we mention our name in this house, they say, “Oh, that is another family”. Yet when it comes to working, they say, “What you earn is ours, because you are in this family’s house”, or “because you are working on this family’s land. Let the land be registered in our names, so that we will not always feel like we are in someone else’s family”. (Santokbehn, agricultural laborer, Ahmedabad) In your joint family, I am known as the second daughter-in-law. All these years I have known myself as no more than that. Today, after efteen years, as I stand alone by the sea, I know that I have another identity, which is my relationship with the universe and its creator. That gives me the courage to write this letter as myself, not as the second daughter-in-law of your family … I am not one to die easily. That is what I want to say in this letter. (Rabindranath Tagore, ‘Letter from a Wife’, 1914) We not only want a piece of the pie, we also want to choose the eavor, and to know how to make it ourselves. (Ela Bhatt, founder, Self-Employed Women’s Association (SEWA), 1992)

311 citations

Journal ArticleDOI
TL;DR: No woman had a voice in the design of the legal institutions that rule the social order under which women, as well as men, live as mentioned in this paper, nor was the condition of women taken into account or the interest of women as a sex represented.
Abstract: No woman had a voice in the design of the legal institutions that rule the social order under which women, as well as men, live.2 Nor was the condition of women taken into account or the interest of women as a sex represented. To Abigail Adams' plea to John Adams to \"remember the ladies\" in founding the United States, he replied, \"We know better than to repeal our Masculine systems.\" 3 Mostly, one senses, women as such were beneath notice at the

212 citations

Journal Article
TL;DR: In Nigeria, women are seen as the 'weaker sex' and discriminatory practices by the State and society (especially by men) are condoned Thus, it has been argued that a culture that attributes superiority to one sex over the other exposes the sex that is considered to be inferior to various forms of discrimination.
Abstract: Introduction Nigeria is a federal state with a population of about 150 million Women make up more than half of the population Nigeria's legal system is pluralist It is made of up of English common law, customary law, Islamic (Sharia) law and statutory law Customary law is prevalent in the southern part whilst Islamic law is widely made recourse to in many of the states in the northern part The Nigerian society is inherently patriarchal This is due to the influence of the various religions and customs in many parts of Nigeria Here, women are seen as the 'weaker sex' and discriminatory practices by the State and society (especially by men) are condoned Thus, it has been argued that "the traditions and culture of every society determine the values and behavioural patterns of the people and society a culture that attributes superiority to one sex over the other exposes the sex that is considered to be inferior to various forms of discrimination" (Ngwankwe, 2002:143; Alemika, 2010) Furthermore, Ibidapo-Obe (2005:262) contends that "human rights is flavoured by the culture within which it is to be invoked the perception of human rights is conditioned, in space and time, by a combination of historical, political, economic, social, cultural and religious factors" Discrimination against women is endemic and was also highly prevalent in ancient societies such as Rome, Athens and Africa amongst others (Oputa, 1989) Unfortunately, in some areas in Nigeria (even until present times), in some cultures women and children are regarded and treated as chattel or property (Akande, 1993) Thus, women are said to be among the vulnerable groups subjected to discrimination in Nigeria (Olubor, 2009) Discrimination against Women in Nigeria Generally, many laws discriminate against women in Nigeria Some of these laws include some aspects of customary law practices, the Labour Act, Sharia law and some constitutional provisions amongst others Labour Issues Under 55(1) of the Labour Act herein a woman cannot be employed on night work in a public or any agricultural undertaking (with the exception in Section 55(7) of women nurses and women in management positions who are not engaged in manual labour section) Under Section 56(1) of the Labour Act women are prevented from engaging in any underground work in any mine Furthermore, women are denied the opportunity of being accompanied by their spouses to their place of employment or posting in the service (Ashiru, 2010) This provision is not applicable to men By virtue of Section 34(1) of the Labour Act, men who are employed in the public service in Nigeria are permitted to be accompanied to their place "by such members of his family (not exceeding two wives and such of his children as are under the age of sixteen years) as he wishes to take with him" Also there are some civil service rules in Nigeria that also accentuate discrimination of women For example, Rule 03303 of both Kano and Kaduna States' Civil Service Rules provides that "Any woman civil servant, married or unmarried who is about to undertake a course of training of not more than six months duration shall be called upon to enter into an agreement to refund the whole or part of the cost of the course in the event of her course being interrupted on ground of pregnancy" (Imasogie, 2010:15) Discrimination against Women in the Police Force and Other Similar Para-Military Services in Nigeria By virtue of Section 127 of the Police Act, married women are prevented from seeking enlistment in the Nigerian Police Force Under section 127, when an unmarried police woman is pregnant, she would be discharged from the police force She can only be re-instated on the approval of the inspector general of police Under Regulation 124 of the Police Act, a woman police officer who is interested in getting married must initially apply in writing to the commissioner of police for approval (Imasogie, 2010) …

16 citations