ABSTRACT
Proportionality has been perceived as an integral part of justice since antiquity. The Code of Hammurabi with its "grim retaliatory punishments" was probably seen to be proportional at the time. The suitability connection test is usually the second threshold or subtest in the Justification Stage of Proportionality Analysis (PA) and it examines whether the act in question is capable of achieving its proper purpose as determined by first subtest. The suitability or rational connection test is akin in some respects to the rational relation test in India's Classification Doctrine. The third test in the Justification Stage of PA is the necessity or least restrictive means test. The value, meaning and content of balancing are controversial not only between PA's proponents and its detractors, but also between different proponents of PA. The primary hurdle in presenting a prima facie case of gender discrimination, more specifically of discrimination against women and girls, is that the Haryana Act is neutral on its face.
