Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What is the rule in question?
Hello, not sure if you saw my initial query above - What is the rule in question?
Thank you. Whether the alleged discriminatory behaviour is verbal or in written form makes no difference – discrimination is still discrimination regardless of the fact it may not have been documented anywhere or be contained in a written rule or procedure. So that would not really change the legal position.
The issue is whether this is discrimination and if it can be justified. Then you need to look at how to take matters further if needed.
First of all this would appear to be sex discrimination because women are treated less favourably than men by being prevented to bring a partner if married out of caste. It would only be direct discrimination if the reason for this rule is gender. Otherwise, it would be indirect discrimination because they are applying a rule which places women at a disadvantage when compared to men. So for example, if there is a religious or other reason for this rule, it would not be direct discrimination because gender is not the direct reason why they are doing this, but it would be indirect discrimination because in the process women end up being treated detrimentally.
There will be no indirect discrimination if their actions are objectively justified: where the practice in dispute is "a proportionate means of achieving a legitimate aim". It is for them to justify if there is such a reason in place but that is one possible defence to a potential claim in these circumstances.
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