Question 756
Legal Reasoning
2011
Medium
MCQ
+1.00 marks · -0.25 negative
Rule A: The State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy, place of birth, gender orientation or any other status.
Rule B: Direct discrimination occurs when for a reason related to one or more prohibit grounds a person or group of persons is treated less favourably than another person or another group of persons in a comparable situation.
Rule C: Indirect discrimination occurs when a provision, criterion or practice which is neuteral on the fact of it would have the effect putting persons having a status or characteristic associate with one or more prohibited grounds at a particular disadvantage compared with other persons.
Rule D: Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well- being disadvantaged groups, such as women, dalits, religious minorities, sexual minorities or disabled persons.
Facts: On 2nd October, 2010, the Governor of the State of Bihar ordered the release of all women prisoners who were serving sentence of less than one year imprisonment to mark the occasion of Mahatma Gandhi's birthday.
Rule E: 'A discriminatory act shall be justified if its effect is to promote the well-being of disadvantaged groups, such as women, dalits, religious minorities, sexual minorities or disabled persons.
Would the first Order of release of all women prisoners be justified under Rule E?
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