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Kushagra Vashishth- 500085614 Kunal Bothra - 500085347 Kaushik Yadav- 500085339 1 | P a g e
-David Leebron In Indian society, women's positions have traditionally appeared to be less significant than men's. Women have always been easy victims of gender-based prejudice from the time of the Ramayana and Mahabharata. Indirect discrimination occurs when an apparently neutral or colorblind regulation or practise has a disproportionately negative impact on a specific group or collection of people. The judgement of the Indian Supreme Court in Navtej Singh Johar vs Union Of India is welcomed for putting indirect discrimination within the scope of Article-15 (1). There is a significant difference in the implications of situating discrimination under Article-14 or 15 of the Convention on the Rights of the Child. Indirect discrimination appears to be more concerned with the implications of a legislation than with an absolute prohibition. Indirect discrimination occurs when a policy applies equally to everyone yet disadvantages a group of persons who share a protected trait. Indirect discrimination occurs when a policy applies equally to everyone yet disadvantages a group who share a protected feature. Uncritically, a facially neutral regulation may appear to be non-discriminatory, yet the same norm may be oppressive for specific classes. Indirect discrimination occurs when a policy applies equally to everyone yet disadvantages a group of persons who share protected traits, and you are disadvantaged as a member of this group. If this occurs, the person or organisation enforcing the policy must demonstrate that there is a valid basis for doing so. This is referred to as objective justification. Indirect discrimination is more damaging than positive discrimination since it affects society as a whole as well as the policies that separate a specific class from society. Discrimination must always be extracted, like stone from grain. 2 | P a g e
