Affirmative Action, Right to Education, and Allied Indian Laws

Seminar paper from the year 2016 in the subject Law - Public Law / Constitutional Law / Basic Rights, Damodaram Sanjivayya National Law University, language: English, abstract: Whenever the term “Affirmative action” is used, it is understood that what is being referred to is ‘positive discrimination’ or ‘reservation’, in simplest of the meanings. If one goes by its general meaning, it would mean any act done in furtherance of “fair treatment”. And with the present large awakening era our country is going through, it is time for the meaning of affirmative action to be widened and not be confined only to ‘reservation’. Affirmative action is every step taken, every action done and every statute enacted enabling every underprivileged, prejudiced, deprived person belonging to a minority group or the like, to stand equally. And, especially in case of affirmative action in education, not only shall these actions fall under the definition of ‘affirmative action’ but should also include the duties and roles of the students, parents, teachers and of society as a whole discharged in order to achieve “education for all”, as aimed for by the UNESCO. It is affirmative action when the poor family sends its ward to the nearest school for education instead of forcing him/her to get engaged with the family business. It is affirmative action when a child struggles with his parents for permission to let him go to the school, it is affirmative action when a teacher finds joy in imparting education to the children and the society encourages the school going children and the education.