question_answer

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.

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.

Would the first order of release of all women prisoners be justified under Rule E?

A)  Yes, because it promotes the well being of women

B)  No, because it does not promote the well being of women prisoners

C)  No, because it does not promote the well-being of all disadvantaged groups equally

D)  None of the above