CLAT Legal-Aptitude: Questions 118 - 120 of 1066
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Question number: 118
Appeared in Year: 2015
PRINCIPLE: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that what he is doing is either wrong or contrary to law.
FACTS: A takes his son who is three-year-old for bath to a well. He throws his son in the well so that he could have a good bath. After 10 minutes he also jumped into the well to take a bath and take his son out of the well. Both were rescued but the son was found dead.
A has committed murder
A has committed culpable homicide not amounting to murder.
A has done no offence as he can plead the defense of unsoundness of mind
A’s family should be responsible for this incident to let him to take child as well
Rules A: The State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy, place of birth, gender orientation or any other status.
Rules B: Direct discrimination occurs when for a reason related to one or more prohibited grounds a person or group of persons is treated less favorably than another person or another group of persons in a comparable situation.
Rules C: Indirect discrimination occurs when a provision, criterion or practice which is neutral on the fact of it would have the effect of putting persons having a status or a characteristic associate with one or more prohibited grounds at a particular disadvantage compared with other persons.
Rules D: Discrimination shall be justified when such discrimination is absolutely necessary in order to promote the well-being of disadvantaged groups, such as women, dalits, religious minorities, sexual minorities or disabled persons.
FACTS: On 2nd October 2010, the Governor of the state of Bihar ordered the release of all women prisoners who were serving sentence of less than one-year imprisonment to mark the occasion of Mahatma Gandhi’s birthday.
Question number: 119 (1 of 4 Based on Passage) Show Passage
Appeared in Year: 2011
Assume that the Governor also made a second order requiring the release of all persons under the age of 25 and over the age of 65 who were serving a sentence of less than one year’s imprisonment. Under the Rules, this order is:
Discriminatory, but justifiable.
Question number: 120 (2 of 4 Based on Passage) Show Passage
Appeared in Year: 2011
Assume further that the government made a third order, releasing all graduate prisoners who are serving a sentence of less than one year’s imprisonment. Which of the following statistics would have to be true for this order to be indirectly discriminatory?
Only 13 % of the prison population in Bihar have a graduation degree
Of the graduate prisoners, 89 % belong to upper castes.
Only 25 % women in Bihar get a graduation degree.
|d.||All of the above|