Indirect Discrimination: A Subtle Barrier To Equality
- IJLLR Journal
- Sep 17
- 2 min read
Yashavardhan Pandey, Rajiv Gandhi National University of Law, Punjab
1. Introduction
Indirect discrimination, a subtle yet pervasive form of inequality, occurs when seemingly neutral policies, practices, or norms disproportionately disadvantage certain groups based on their protected characteristics. Unlike overt discrimination, which involves explicit bias or prejudice, indirect discrimination operates more insidiously, often going unnoticed or unrecognized by those unaffected. This covert mechanism of discrimination can perpetuate systemic inequalities and hinder the full realization of equal rights and opportunities for marginalized individuals and groups. Indirect discrimination manifests in various social contexts, including employment, education, housing, healthcare, and access to services, among others. It can stem from historical injustices, entrenched social norms, unconscious biases, or structural barriers within institutions and systems. While not always intentional, the impact of indirect discrimination can be profound, reinforcing existing disparities and exacerbating disadvantage for vulnerable populations.
Addressing indirect discrimination requires a multifaceted approach that involves legal frameworks, public policies, institutional reforms, and social awareness campaigns. Laws prohibiting discrimination based on race, gender, age, religion, disability, sexual orientation, and other protected characteristics play a crucial role in combating indirect discrimination. Additionally, affirmative action measures, diversity initiatives, and inclusive practices aim to level the playing field and promote equal opportunities for all members of society.
In recent years, the concept of inter sectionality has gained prominence in discussions of discrimination, highlighting the interconnected nature of various forms of oppression and privilege. Intersectionality recognizes that individuals hold multiple identities that intersect and interact, shaping their experiences of discrimination and privilege in complex ways. This intersectional approach underscores the importance of addressing overlapping forms of discrimination and considering the unique challenges faced by individuals at the intersections of multiple marginalized identities.
