Question Discussion & Solution

The correct answer is The Prohibition of Child Marriage Act, 2006.

• The Prohibition of Child Marriage Act 2006 came into force on 1st November 2007 in India.
• In October 2017, Supreme Court of India gave a landmark judgement criminalising sex with a child bride, hence removing an exception in India’s criminal jurisprudence which had until then accorded legal protection to men who raped their minor wives.

Key Points

• Section 2 of the Act contains definitions:
  • Child means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age.
  • Child marriage means a marriage to which either of the contracting parties is a child.
  • Contracting party in relation to a marriage means either of the parties whose marriage is or is about to be thereby solemnised.
  • Child marriage: A marriage to which either party is a child.

The correct answer is Social Background Report.

• Section 8 of the Juvenile Justice (Care and Protection) Act, 2015 provides that in cases where children are in conflict with the law (when an offence is done by a child), FIR is not registered. 
• In that situation, the Child Welfare Police Officer shall prepare a Social Background Report in lieu of FIR.
• However, FIR can be registered if the child has done any heinous offence or there is the involvement of an adult person in any offence along with a child.

The correct answer is 20th September 1994.

• Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act was enacted on 20th September 1994.

Key Points

• Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994:
  • An Act to provide for the prohibition of sex selection, before or after conception, and for the regulation of prenatal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female foeticide; and, for matters connected therewith or incidental thereto. ​

Additional Information

• Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 is an Act of the Parliament of India enacted to stop female foeticides and arrest the declining sex ratio in India.
  • The act banned prenatal sex determination.
  • Every genetic counselling centre, genetic laboratory or genetic clinic engaged in counselling or conducting pre-natal diagnostics techniques, like in vitro fertilisation (IVF) with the potential of sex selection (Preimplantation genetic diagnosis) before and after conception comes under the preview of the PCPNDT Act and are banned.

The correct answer is 2 years or with fine which may extend to one lakh rupees.

• Punishment for male adult marrying a child:
  • Whoever, being a male adult above eighteen years of age, contracts a child marriage shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both. 

Additional Information

• Prohibition of Child Marriage Act, 2006:
  • This Act may be called the Prohibition of Child Marriage Act, 2006.
  • It extends to the whole of India and it applies also to all citizens of India without and beyond India.
  • Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.
  • It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States and any reference in any provision to the commencement of this Act shall be construed in relation to any State as a reference to the coming into force of that provision in that State. 

The correct answer is Article 14, 15, and 21.

• Sexual harassment results in a violation of the fundamental rights of a woman to equality under article 14 and 15 of the constitution of India and her right to life and to live with dignity under Article 21of the constitution and right to practise any profession or to carry on any occupation, trade, or business with includes a right to a safe environment free from sexual harassment.
• It extends to the whole of India.

 Additional Information

• Sexual Harassment:-
  • ​A man committing any of the facts -
    • ​Physical contact and advances involving unwelcome and explicit sexual overtures.
    • a demand or request for sexual favours.
    • showing pornography against the will of a woman.
    • making sexually coloured remarks shall be guilty of the offence of sexual harassment