Question

Which of the following is correct with respect to the Governor’s order?

• A. It discriminates directly on the ground of sex.
• B. It discriminated indirectly on the ground of sex.
• C. It does not discriminate on the ground of sex.
• D. It discriminates directly as well as indirectly on the ground of sex.
• 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 or the society.
• D. None of the above
• A. Directly discriminatory.
• B. Indirectly discriminatory.
• C. Not discriminatory.
• D. Discriminatory, but justifiable.
• A. Only 13% of the prison population in Bihar has 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.
• A. Yes, because it promoted 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.

Answer 1

The Correct Option is A

Step 1: Understand the Legal Rule

Rule A prohibits any discrimination (direct or indirect) by the State on grounds such as sex.
Rule B defines direct discrimination: where someone is treated less favourably because} of sex (or other listed grounds).
Rule C defines indirect discrimination: neutral policies that disproportionately affect a disadvantaged group.

Step 2: Apply the Rule to the Facts The Governor’s order released only women prisoners serving less than one year on a specific occasion.

This action explicitly targets a group based on sex (women).
Male prisoners in the same situation (less than one year sentence) were not given the same benefit.
Therefore, women received more favourable treatment directly based on sex.

Step 3: Evaluate Options

(a) Correct. Clear case of direct discrimination. ✓
(b) Incorrect — the action was not neutral; it was explicitly gender-based. ✗
(c) Incorrect — discrimination clearly occurred on sex. ✗
(d) Incorrect — not both direct and indirect; only direct. ✗

% Final Answer \[ \boxed{\text{(a)}} \]

Answer 2

Step 1: Examine Rule D Discrimination may be justified only if it is absolutely necessary to promote the well-being of disadvantaged groups — such as women, dalits, religious minorities, etc. Step 2: Assess the Governor’s Order

Women are a historically disadvantaged group in many legal and social contexts.
Releasing only women prisoners with minor sentences on a national day promotes their well-being.
The order does not benefit men but aims to uplift a socially vulnerable class.

Step 3: Evaluate Options

(a) Correct. The discrimination is in favour of a disadvantaged group and promotes their well-being. ✓
(b) Incorrect — “not absolutely necessary” is not proven by facts. ✗
(c) Incorrect — the order does promote well-being. ✗
(d) Incorrect — because (a) is correct. ✗

% Final Answer \[ \boxed{\text{(a)}} \]

Answer 3

Step 1: Review the Legal Rules

Rule A: State shall not discriminate on grounds like sex, age, caste, etc.
Rule B: Direct discrimination = explicitly treating a person or group less favourably based on a protected ground.
Rule D: Discrimination may be justified if absolutely necessary} to promote the well-being of disadvantaged groups.

Step 2: Apply to Given Order

The order benefits only young (under 25) and elderly (over 65) prisoners.
It discriminates on the basis of age — a prohibited ground under Rule A.
Since these age groups are vulnerable and may be less physically able to bear prison hardships, the action may serve their well-being.

Step 3: Justification Check

If the action is taken to promote the well-being of these disadvantaged age groups, it may be justified under Rule D.

% Final Answer \[ \boxed{\text{(d)}} \]

Answer 4

Step 1: Understand Rule C — Indirect Discrimination

A provision that appears neutral (like releasing graduate prisoners) may cause disproportionate disadvantage to protected groups (like lower castes or women).

Step 2: Analyze Each Statistic

(a) Only 13% of prison population has graduation — means 87% are excluded, most likely from underprivileged groups.
(b) 89% upper caste — suggests caste bias in who benefits.
(c) Only 25% women graduate — suggests women are less likely to benefit.

Step 3: Conclusion

The policy, though facially neutral, benefits predominantly privileged groups — thereby indirectly discriminating.

% Final Answer \[ \boxed{\text{(d)}} \]

Answer 5

Step 1: Examine Rule E

Rule E states: 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,
Disabled persons.


Therefore, discrimination is allowed if it supports at least one such group.

Step 2: Apply to the First Order

The Governor’s order released all women prisoners with less than 1 year sentence.
This clearly promotes the well-being of women, a protected disadvantaged group under Rule E.
Rule E does not require that all disadvantaged groups benefit equally — only that one such group’s well-being is supported.

Step 3: Eliminate Incorrect Options

(b) is incorrect — it does promote the well-being of women prisoners.
(c) is incorrect — equal benefit to all groups is not required by Rule E.
(d) is incorrect — (a) is correct.

% Final Answer \[ \boxed{\text{(a)}} \]