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Problem 6 Rules 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. B. Direct discrimination occurs when for a reason related to one or more prohibited grounds a person or group of persons is treated less favourably than another person or another group of persons in a comparable situation. C. Indirect discrimination occurs when a provision, criterion or practice which is neutral on the face of it would have the effect of putting persons having a status or a characteristic associated with one or more prohibited grounds at a particular disadvantage compared with other persons. D. Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well being of 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.

Assume further that the government made a third order, releasing all graduate prisoners who are serving a sentence of less than one year's imprisonment. Which of the following statistics would have to be true for this order to be indirectly discriminatory?

A)  Only 13% of the prison population in Bihar have a graduation degree

B)  Of the graduate prisoners, 89% belong to upper castes

C)  Only 25% women in Bihar get a graduation degree

D)  All of the above