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Problem (For question)
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.
Rules 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.
Rules C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the fact of it would have the effect of putting persons having a status or a characteristic associate with one or more prohibited grounds at a particular disadvantage compared with other persons.
Rules 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, religions 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.
Q.
Is the governor’s order justified under Rule D?
  • a)
    Yes, because it is for the well-being of women prisoners.
  • b)
    No, because it is not absolutely necessary for the well-being of women prisoners.
  • c)
    No, because it does not promote the well-being of women prisoners of the society.
  • d)
    None of the above
Correct answer is option 'C'. Can you explain this answer?
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Problem(For question)Rules A: The State shall not discriminate, either...
Analysis:
Indirect Discrimination under Rule C:
- The governor's order to release only women prisoners implies indirect discrimination.
- The provision is neutral on the face of it but puts men prisoners at a disadvantage.
Violation of Rule D:
- The order does not promote the well-being of women prisoners in society.
- It does not address the root causes of why women are in prison or provide support for their reintegration into society.

Conclusion:
The governor's order is not justified under Rule D because it does not promote the well-being of women prisoners in society. It indirectly discriminates against men prisoners and does not address the underlying issues affecting women in the criminal justice system. The order should be reevaluated to ensure equality and fairness for all individuals, regardless of gender.
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Problem(For question)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.Rules 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.Rules C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the fact of it would have the effect of putting persons having a status or a characteristic associate with one or more prohibited grounds at a particular disadvantage compared with other persons.Rules 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, religions minorities, sexual minorities or disabled persons.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’.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.Q. Would you first Order of release of all women prisoners be justified under Rule E?

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Problem(For question)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.Rules 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.Rules C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the fact of it would have the effect of putting persons having a status or a characteristic associate with one or more prohibited grounds at a particular disadvantage compared with other persons.Rules 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, religions 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.Q. Which of the following is correct with respect to the Governor’s order?

Problem(For question)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.Rules 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.Rules C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the fact of it would have the effect of putting persons having a status or a characteristic associate with one or more prohibited grounds at a particular disadvantage compared with other persons.Rules 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, religions 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.Q. Assume that the Governor also made a second order requiring the release of all persons under the age of 25 and over the age of 65 who were serving a sentence of less than one year’s imprisonment. Under the Rules, this order is

What vision of equality does our Constitution commit us to? The answer has been contested repeatedly throughout the fraught legal history of Articles 15 and 16.Article 15(1) states:“The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.”And, Article 16(1) states:“There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.”These two articles are remedial in nature, that is, they seek to remedy, through law, historical wrongs – in this case, the wrong of discrimination. How, exactly, do they propose to do this? To fix ideas, let us start by proposing two tentative definitions. A colour-blind vision of equality is one that treats all classifications based on certain prohibited bases as inherently suspect, and in need of a compelling justification. This theory argues that the historical wrong in question was sorting people by the colour of their skin, their sex, or their caste, and treating them in an inferior manner on that ground. Race, sex, caste etc. are simply irrelevant to our worth as persons – hence, the term “colour-blind”.At the heart of the colour-blind theory is not simply a distaste of classifications, but the idea that citizens must be treated as individuals, and not as members of groups. Thus, one of the concerns that is standardly expressed by supporters of the colour-blind theory is that reservations and affirmative action – that classifies on the basis of groups – will serve only to perpetuate a society in which people are characterized and defined by their affiliation to and membership of stipulated social groups.Against the colour-blind theory of equality stands the group-subordination theory. The group-subordination theory holds that insofar as our society has been historically rife with discriminatory forms of injustice, such injustice has been meted out to groups qua groups – to women, to “lower-castes”, (at different stages and at different places) to Hindus or to Muslims. Insofar as individuals have suffered, they have suffered by virtue of their membership of these groups – as women, as Dalits, and so on. Thus, genuine, substantive equality can be achieved only by ensuring that historically subordinated groups are no longer subordinated.Thus, it is not enough for a Constitution to simply declare equality – if, because of a history of past discrimination and continuing non-legal present discrimination, minority groups are placed at a significant disadvantage qua minority groups, the government is permitted to take positive action to remedy that situation. One such action – the most famous and the most controversial – is affirmative action, i.e., Reservation.Q. Mr. Z, a huge proponent of group-subordination theory and a landlord in an area with high population of young-student, allows only Females students to occupy his residential PG hostels, owing to his “personal reasons”. Would this differentiation based on gender be a violation of Article 15(1)?

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Problem(For question)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.Rules 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.Rules C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the fact of it would have the effect of putting persons having a status or a characteristic associate with one or more prohibited grounds at a particular disadvantage compared with other persons.Rules 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, religions 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.Q. Is the governor’s order justified under Rule D?a)Yes, because it is for the well-being of women prisoners.b)No, because it is not absolutely necessary for the well-being of women prisoners.c)No, because it does not promote the well-being of women prisoners of the society.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer?
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Problem(For question)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.Rules 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.Rules C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the fact of it would have the effect of putting persons having a status or a characteristic associate with one or more prohibited grounds at a particular disadvantage compared with other persons.Rules 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, religions 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.Q. Is the governor’s order justified under Rule D?a)Yes, because it is for the well-being of women prisoners.b)No, because it is not absolutely necessary for the well-being of women prisoners.c)No, because it does not promote the well-being of women prisoners of the society.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Problem(For question)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.Rules 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.Rules C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the fact of it would have the effect of putting persons having a status or a characteristic associate with one or more prohibited grounds at a particular disadvantage compared with other persons.Rules 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, religions 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.Q. Is the governor’s order justified under Rule D?a)Yes, because it is for the well-being of women prisoners.b)No, because it is not absolutely necessary for the well-being of women prisoners.c)No, because it does not promote the well-being of women prisoners of the society.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Problem(For question)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.Rules 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.Rules C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the fact of it would have the effect of putting persons having a status or a characteristic associate with one or more prohibited grounds at a particular disadvantage compared with other persons.Rules 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, religions 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.Q. Is the governor’s order justified under Rule D?a)Yes, because it is for the well-being of women prisoners.b)No, because it is not absolutely necessary for the well-being of women prisoners.c)No, because it does not promote the well-being of women prisoners of the society.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer?.
Solutions for Problem(For question)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.Rules 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.Rules C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the fact of it would have the effect of putting persons having a status or a characteristic associate with one or more prohibited grounds at a particular disadvantage compared with other persons.Rules 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, religions 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.Q. Is the governor’s order justified under Rule D?a)Yes, because it is for the well-being of women prisoners.b)No, because it is not absolutely necessary for the well-being of women prisoners.c)No, because it does not promote the well-being of women prisoners of the society.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Problem(For question)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.Rules 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.Rules C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the fact of it would have the effect of putting persons having a status or a characteristic associate with one or more prohibited grounds at a particular disadvantage compared with other persons.Rules 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, religions 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.Q. Is the governor’s order justified under Rule D?a)Yes, because it is for the well-being of women prisoners.b)No, because it is not absolutely necessary for the well-being of women prisoners.c)No, because it does not promote the well-being of women prisoners of the society.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Problem(For question)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.Rules 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.Rules C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the fact of it would have the effect of putting persons having a status or a characteristic associate with one or more prohibited grounds at a particular disadvantage compared with other persons.Rules 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, religions 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.Q. Is the governor’s order justified under Rule D?a)Yes, because it is for the well-being of women prisoners.b)No, because it is not absolutely necessary for the well-being of women prisoners.c)No, because it does not promote the well-being of women prisoners of the society.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer?, a detailed solution for Problem(For question)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.Rules 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.Rules C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the fact of it would have the effect of putting persons having a status or a characteristic associate with one or more prohibited grounds at a particular disadvantage compared with other persons.Rules 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, religions 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.Q. Is the governor’s order justified under Rule D?a)Yes, because it is for the well-being of women prisoners.b)No, because it is not absolutely necessary for the well-being of women prisoners.c)No, because it does not promote the well-being of women prisoners of the society.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer? has been provided alongside types of Problem(For question)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.Rules 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.Rules C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the fact of it would have the effect of putting persons having a status or a characteristic associate with one or more prohibited grounds at a particular disadvantage compared with other persons.Rules 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, religions 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.Q. Is the governor’s order justified under Rule D?a)Yes, because it is for the well-being of women prisoners.b)No, because it is not absolutely necessary for the well-being of women prisoners.c)No, because it does not promote the well-being of women prisoners of the society.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Problem(For question)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.Rules 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.Rules C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the fact of it would have the effect of putting persons having a status or a characteristic associate with one or more prohibited grounds at a particular disadvantage compared with other persons.Rules 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, religions 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.Q. Is the governor’s order justified under Rule D?a)Yes, because it is for the well-being of women prisoners.b)No, because it is not absolutely necessary for the well-being of women prisoners.c)No, because it does not promote the well-being of women prisoners of the society.d)None of the aboveCorrect answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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