Law: Nature and Classification (CLAT (Common Law Admission Test) Legal-Aptitude): Questions 49 - 52 of 168

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Passage

PRINCIPLES

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: 49 (1 of 4 Based on Passage) Show Passage

» Law: Nature and Classification

Appeared in Year: 2011

MCQ▾

Question

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:

Choices

Choice (4) Response

a.

Discriminatory, but justifiable.

b.

Not discriminatory

c.

Directly discriminatory

d.

Indirectly discriminatory

Question number: 50 (2 of 4 Based on Passage) Show Passage

» Law: Nature and Classification

Appeared in Year: 2011

MCQ▾

Question

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?

Choices

Choice (4) Response

a.

Only 13 % of the prison population in Bihar have a graduation degree

b.

Of the graduate prisoners, 89 % belong to upper castes.

c.

Only 25 % women in Bihar get a graduation degree.

d.

All of the above

Question number: 51 (3 of 4 Based on Passage) Show Passage

» Law: Nature and Classification

Appeared in Year: 2011

MCQ▾

Question

Is the governor’s order justified under Rule D?

Choices

Choice (4) Response

a.

Yes, because it is for the well-being of women prisoners.

b.

No, because it is not absolutely necessary for the well-being of women prisoners.

c.

No, because it does not promote the well-being of women prisoners of the society.

d.

All of the above

Question number: 52 (4 of 4 Based on Passage) Show Passage

» Law: Nature and Classification

Appeared in Year: 2011

MCQ▾

Question

Would you first Order of release of all women prisoners be justified under Rule E?

Choices

Choice (4) Response

a.

Yes, because it promotes the well-being of women.

b.

No, because it does not promote the well-being of women prisoners

c.

No, because it does not promote the well-being of all disadvantaged groups equally.

d.

All of the above

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