Protective Discrimination

noun phrase

/prəˈtek.tɪv dɪˌskrɪm.ɪˈneɪ.ʃən/

A constitutional and policy mechanism that provides special advantages or exceptions to historically oppressed groups — particularly SCs, STs, and OBCs — in order to overcome structural disadvantages; the Indian constitutional framing of what is globally called positive discrimination

✍️ Usage in a UPSC answer

The Supreme Court in State of Kerala v. N.M. Thomas (1976) held that reservation provisions constituted protective discrimination, not a violation of equality, affirming the constitutional logic of compensatory justice.

Synonyms

positive discriminationaffirmative actioncompensatory discriminationpreferential treatment

Antonyms

invidious discriminationequal treatment (formal)colour-blind policy

🌱 Word Family

protective discrimination (n phrase), discriminate (v), discriminatory (adj), discrimination (n)

🔡 Root

Latin protegere = to protect (pro- = in front + tegere = to cover) + Latin discriminare = to distinguish (discrimen = distinction)

📜 Etymology

The term was judicially coined in Indian constitutional discourse; Justice Gajendragadkar and later the Supreme Court used 'protective discrimination' to distinguish constitutional reservation from invidious discrimination prohibited under Article 15(1)

🧠 Memory Hook

PROTECTIVE DISCRIMINATION: instead of harming a group, this discrimination PROTECTS it — discrimination used as a shield, not a sword

⚖️ Social Justice 📖 Seen in: Dalit Rights & SC/ST Atrocities Act — ...

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