MEANING

Compensatory Discrimination is a term coined for the policy or programs that give
preference to a group or groups of people with a stated goal of countering and
compensating the past or ongoing atrocities, excesses, injustice, or discrimination
of any sort against them.

Purpose
For a society as a whole to grow it is necessary that every section of the society
take part in the development of the society. At the same time every section should
also receive the benefits of the growth. A society can never grow if several
sections of the society are repressed or exploited. Every section of the society
should get a sense of hope that they have a better future ahead. Further, it is
also true that historically several sections of our society have been discriminated
against and there exists a prejudice against them in the socially uplifted
sections. To bring such downtrodden sections of the society at the same or
comparable level, the society as a whole must take special efforts and measures,
which is exactly what the purpose of compensatory discrimination is.

Before we talk about equality with respect to Comp. Desc, we must first understand
the concept of equality. If two people are found guilty of murder, and one of them
is a child. Should the law treat them equally and award the same punishment? While
working at a construction site, should women be required to lift the load of same
weight as men? The answer for both is a resounding no. A Child is not mentally
capable of distinguishing between right and wrong. A woman is physically not strong
enough to lift heavy loads. Thus, it is clear that merely a blind application of
law is not right. Same laws cannot be applied in unequal circumstances.This is the
idea adopted by Indian Constitution about equality. Like should be treated alike.
This principle was adopted by the US Supreme Court in the case of Lindsley vs
Natural Carbonic Gas Co in 1911 as the meaning of Equal Protection of Laws.
Extending the same principle, it is not hard to understand that certain classes of
the society are measurably weaker that others in terms of social upliftment.
Subjecting them to the same standards of meritocracy would amount to injustice.
Therefore, I believe that compensatory discrimination is not against equality. It
is, in fact, just another facet of equality.
In the case of N M Thomas vs State of Kerala, SC has held that art 16(4), which is
a prime source of compensatory discrimination, is not an exception to art 16(1) but
only an instance of classification. It further held that reservation can be done
even without art 16(4) and under art 14 that permits reasonable classification. In
the case of Indra Sawhney vs Union of India, the Supreme Court has upheld the view
given in N M Thomas case. Thus, such provisions do not, in principle, go against
equality.

Implementation in India
Indian Constitution understands the need for special measures for the weaker
sections of the society and contains several provisions for the same. Some
important ones are:

Art 15 (3): It allows the state to make special provisions for women and children.
Because of this article, a special commission for women has been established.
Several women friendly laws such as Prevention of Domestic Violence Against Women
Act 2006 have been passed.

Art 15 (4): It allows the state to make special provisions for backward classes in
education and other fields. A Commission each for Schedule Castes and Scheduled
Tribes has been established. These commissions report directly to the president.

Art 16 (4): It allows the state to reserve vacancies in govt. employment for
backward classes.
Art 17: Abolishes untouchability.

Art 19(5): Allows state to impose reasonable restrictions on freedom of movement

and occupation to protect the interest of scheduled tribes ETC.

DRAWBACKS
There are several drawbacks to this as well. For example, instead of removing the
basis of discrimination (such as caste or color), Compensatory Discrimination
highlights it. It is also the cause of dissatisfaction among the poor of the
forward classes. Some experts believe that there are not enough economic benefits
of this approach to justify the continuance of division in the society. Some others
believe that it has basis only in politics.