The problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question.
In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for every problem. Further, you should not assume any fact other than those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.
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 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.
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.
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.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: