The doctrine of ‘indirect discrimination’ was carefully analyzed by Justice D.Y. Chandrachud in the case of Lt. Col. Nitisha vs Union of India, Delivered on 25th March 2021. This judgment is significant because it highlights the understanding and application of indirect discrimination within the legal framework.
Indirect discrimination occurs when a law or policy that appears neutral on the surface disproportionately affects a particular group. Justice Chandrachud’s analysis emphasized the importance of considering not just the intent behind a policy, but also its effects, ensuring that the laws do not disadvantage protected groups inadvertently.
The analysis in this case explained how policies, even if facially neutral, must be scrutinized on their impact to uphold the principles of equality and non-discrimination.