Discrimination - Definition - Law Dictionary Home Dictionary Definition discrimination

Definition :

Discrimination, when used in Art. 304(a), involves an element of intentional and purposeful differentiation thereby creating economic barrier and involves an element of an unfavourable bias. It implies an unfair classification, Video Electronics P. Ltd. v. State of Punjab, AIR 1990 SC 820 (832): (1990) 3 SCC 87. [Constitution of India, Art. 304(a)]

The Constitution of India prohibits the State from discriminating against any citizen in respect of any employment under it on the grounds of religion, race, caste sex, etc., Constitution of India, Art. 16(2).

In India, Constitution prohibits the State from discriminating against any citizen on grounds of religion, race, sex, place of birth or any of them by putting restriction on their access and use certain public places, Constitution of India, Art. 15(1) and (2).

The State is empowered to make special provisions for women, children socially and educationally backward classes, Scheduled Castes and Scheduled Tribes citizens in this regard, Constitution of India, Art. 15(3) & (4).

Discrimination, is the difference in treatment of two or more persons or subjects, Stroud's Dictionary of Law, Vol. 1, p. 695.

In U.K. the Race Relations Act, 1968, prohibits the State from discriminating against its citizens on the ground or colour, race or ethnic or national origin, inciting discrimination is an offence under this Act which is enforceable not only against the State but also against private persons in the matter of employment, housing accommodation, education etc. The enforcement of this Act rests with the Race Relations Board, Commentary on the Constitution of India, Durga Das Basu, Vol. B, p. 279.

Is an act of depriving an individual or a group of equality of opportunity, Dictionary of Political Science Joseph Dunner, 1965, p. 148