Question Discussion & Solution

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

IPC Section 375 is NOT correct.

• Section 375 in the Indian Penal Code (Rape):
  • A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following de­scriptions:
    • (i) Against her will.
    • (ii) Without her consent.
    • (iii) With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
    • (iv) With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be law­fully married.
    • (v) With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupe­fying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
    • (vi) With or without her consent, when she is under sixteen years of age.

Additional Information

• Section 370: Amendments and advocacy to prevent the conflation of trafficking and sex work.
• Section 372: Selling minor for purposes of prostitution, etc.
• Section 373: Buying minor for purposes of prostitution, etc.

The correct answer is 12.

Key Points 

• The Ordinance amends the IPC, 1860 to increase the minimum punishment for rape of women from seven years to ten years.
• Rape and gang rape of girls below the age of 12 years will carry minimum imprisonment of twenty years and is extendable to life imprisonment or death.
• Rape of girls below the age of 16 years is punishable with imprisonment of twenty years or life imprisonment.

Additional Information 

• 376DB: Punishment for gang rape on women under twelve years of age.
  • Where a woman under twelve years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death.
  • Such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: 
    • Any fine imposed under this section shall be paid to the victim.

The correct answer is Sections 2 (b).

• Generally in any law starting chapter contains the definition clause and in most of the small act or specialised laws, it is section 2 which contains definitions of the terms. However, this is not uniform for all the laws.
• The term child marriage is defined under section 2 (b) of The Prohibition of Child Marriage Act, 2006.

Key Points

• Any marriage where either Bride or groom is below the permissible age is called child marriage.
• The permissible age for marriage of a girl is minimum 18 years and that for a boy is a minimum of 21 years.

The correct answer is Option 2.

• As per the act, anyone found in contravention of the provisions of this act is to punished with minimum 6 months in jail which may extend up to 2 years or fine of minimum Rs. 20,000 up to Rs. 50,000 or both.

Key Points

• Even the first time offenders are liable for punishment.
• However, the parents/guardian of the child or adolescent is not punished unless they have allowed them to work in conditions violating the rules.
• Also, the parents/guardian is not to be punished under this act for a first-time offence.