Law is an body which can both challenge and perpetuate the systemic discrimination in a society. On one hand existing laws unintentionally reinforce biasedness which leads to unequal outcomes for certain groups, communities or people and on the other hand many legal frameworks has been formulated to address and abolish the discriminatory practices which have been followed from a period of time under the name of customs, traditions and norms this blog will examine how law perpetuate and challenge discrimination and biasedness.

Fistly we will see how laws might inadvertently reinforce discrimination and biasedness in society.

Implicit bias in legal processes

Implicit biasedness is an unconscious and stereotypical attitude that impact legal process and leads to unjust outcomes, the bias can be positive and negative as well it affect the areas like jury deliberation, sentencing and witness credibility. Implicitly biasedness affects legal decision making which ultimately lead to the unfair and unjust outcomes for individuals and for group at large specially of marginalized society. The biased outcomes can undermine the confidence of public in the fairness and impartiality of the legal system. Implicit bias also leads to erosion of public trust in legal system. It contributes to the perpetuation of discrimination The problem of implicit biasedness and discrimination can be overcome by, diverse representation that is by promoting diversity and inclusion within legal profession, including judges ,staff, and legal representatives to ensure a wide range of experiences and perspectives.

Policy changes, by establishing clear policies, procedures which will prohibit discriminatory behaviour and help in promoting fairness in each and every aspect of the legal process. Self awareness, individuals, legal professionals must be educated about implicit bias and its impact on decision making.

Structural discrimination

Structural bias and discrimination indicates the systematic practices, policies, and institutions that constantly disadvantage some specific groups of people, even if they are not planned to be discriminatory. This type of biasedness can be seen in a lot of areas like education, health care, employment, and these type of biasedness can be influenced by factors like race, gender, social class, and disability. The impact of structural discrimination is not about individual prejudice but it is about the policies, the rules and the norms within institution which creates the situation where some marginalized groups are systematically disadvantaged. Some of the structural discrimination stem from the historical injustices that continues to have long lasting impacts, other on going practices are also their which perpetuate inequality. Racial disparities in healthcare like biasedness in treatment, unequal access to resources and impact of historical injustice leads in the disparities in health between racial groups.

Education inequalities include differences in funding, quality of education. Criminal justice system that is differences in sentencing and access to legal representation can disproportionately affect racial and ethnic groups.Addressing structural discrimination requires a multifaceted approach by focusing on systemic changes within society it include implementing policies and specific laws, fostering education and awareness. Legal and policy reforms that is states should develop and enforce laws that address systemic inequalities and ensure equal opportunities, considering the context of institutional operations and the incentives beyond the legal framework. National action plans, comprehensive plans can figure out strategies for solving structural biasedness and discrimination, including specific goals ,timelines and accountability measures.Community based participatory research, research and data collection which can help identify patterns of discrimination and will inform policy development, involving communities in research and decision making processes will ensure that the interventions will be relevant and effective , as demonstrated by initiatives like community partners.

Unequal access to justice

Unequal access to justice means that certain individuals and groups are unreasonably excluded from receiving solution to their needs or rights. People from marginalized society, vulnerable groups or lower communities face systemic obstacles in accessing legal representation, problem in understanding complex legal procedures, and lack of resources to pursue legal remedies, and systemic biasedness in justice system. Poverty often creates barriers in accessing justice as individual with poor financial resources may struggle in affording legal fees, travel expenses and the time necessary to navigate the legal system. The problem can be addressed by promoting community based justice, addressing underlying causes, promoting legal awareness and by monitoring and evaluvation.

Disparate impact

Disparate impacts in legal terms means the housing practices or employment that appear neutral but implicitly harm a specific group, even without intentional discrimination. It includes the consequences of a policy, intention is not there behind that. A practice may not have any bad effect on its face, but can have a disparate impact on vulnerable groups or on certain racial groups. Disparities impact can be overcome by Eliminating discriminatory laws and policies which means addressing legal and procedural barriers that affect marginalized groups and communities, by promoting inclusivity means an environment in which everyone feels valued, equal regardless of their background, by investing strong social protection system which wil help overcoming the impact of economic hardship and will promote social mobility, supporting marginalized groups ,work toward the equitable global system which leads to the benefit of all countries ,not just the wealthiest.

Gender based biasedness and discrimination

Gender bias in law refers to the unfair and unequal legal rules and discrimination, and the practices based on the gender of a person that can be seen clearly in many forms ,including discriminatory law, biased interpretations of the law and systematic issues in the legal system the key solution of gender based discrimination is giving equal access to education that is providing equal opportunities to pursue education regardless of their gender ,education is crucial in breaking cycles of discrimination and empower marginalized ones , promoting girls education , women empowerment should be their.

How law challenge discrimination and biasedness

In India there are a lot of laws which prohibits discrimination and addresses a range of issues relating to caste, gender, employment, disability and many other factors. Most of the laws include the constitution of India that is article 14, 15, 16, and 18 acts like Protection of Civil Rights Act, 1955 this act aimed at eliminating untouchability and ensuring equal rights for all the citizens. It prohibits the untouchability and ensure equal rights and punish. The scheduled Caste and Scheduled Tribes Act 1989, an act which prevent the commission of offences of atrocities against the member of schedule caste and tribes. The Sexual harassment of women at workplaces Act 2013. (POSH) .

Constitutional protection includes

Article 14 which guarantees equality before law and equal protection of laws which ultimately forms the foundation for anti- discrimination Article 15 , it prohibits the discrimination by the state on the basis of religion ,sex, caste, or place of birth.Article 16 ,prohibition of discrimination in matters of public employment based on religion ,caste ,race descent , place of birth and sex.Article 17, it abolishes untouchability and all the practises related to it Some specific legislations are:Equal Remuneration Act 1976 that aims to provide equal pay for men and women for equal work , it prohibits gender based wages discrimination.Rights of Person with Disability Act 2016.Sexual Harassment of Women at Workplace Act 2013, it mandates the internal complaints committees in workplaces and also provide legal protection for female employees from sexual harassments.Protection of Civil Rights Act, 1955 this act addresses the discriminatory problems based on caste. Scheduled Caste and Scheduled Tribes Act 1989 Transgender Person (Protection of Rights ) Act 2019

**The views and opinions expressed in this blog are solely those of the author.**