Question Discussion & Solution

The correct answer is When the pregnant woman has undergone two or more spontaneous abortions or foetal losses.

• The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 1994 allows pre-natal (pre-natal means before birth) diagnostic for certain medical purposes and diagnostic of pre-birth diseases, which includes chromosomal abnormalities; genetic metabolic diseases; hemoglobinopathies; sex-linked genetic diseases; congenital anomalies.

Key Points

• In such situations the doctor/technicians conducting such diagnostic shall check the following things and ensure that at least any one of these are fulfilled: 
  • that the age of the pregnant woman is above 35 years; or
  • the pregnant woman has undergone two or more spontaneous abortions or foetal losses; or
  • he pregnant woman had been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals; or
  • the pregnant woman or her spouse has a family history of mental retardation or physical deformities such as spasticity or any other genetic disease. 
• In those circumstances when the pre-natal diagnostic is done, neither the woman nor her relatives should ask for the sex of the baby nor the person conducting the test shall say it either by words or signs.
• Also, it is mandatory for the person conducting the test to explain all the side effects, risks involved and then to take the written consent of the pregnant woman before conducting such a test.

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.

• Workplace Sexual Harassment is sexual, unwelcome and the experience is subjective.
• It is the impact and not the intent that matters and it almost always occurs in a matrix of power.
• It is possible that a woman may experience a single instance of sexual harassment or a series of incidents over a period of time.
• It is important also to remember that each case is unique and should be examined in its own context and according to the surrounding circumstances as a whole.

 “Sexual Harassment” includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication), namely:

• Physical contact or advances;
• A demand or request for sexual favours;
• Making sexually coloured remarks;
• Showing pornography;
• Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

Hence, we conclude that all are examples of sexual harassment.

The correct answer is Punishment shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.

• Under Section 370, whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.

​ Important Points

•  Section 370 -
  • ​Trafficking means whoever, for the purpose of exploitation, a. recruits b. transports c.harbours, d.transfers, or e. receives, a person or persons, by-
    • ​using threats,
    • using force, or any other form of coercion,
    • by abduction,
    • by practising fraud, or deception,
    • by abuse of power,
    • by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, harboured, transported, transferred, or received, commits the offence of trafficking. 
• The expression "exploitation" shall include any act of physical exploitation or any form of sexual exploitation or practices similar to slavery, servitude, or the forced removal of organs.
• The consent of the victim is immaterial in the determination of the offence of trafficking.

The correct answer is 1993.

• Rashtriya Mahila Kosh (RMK) was established by the Government of India in March, 1993 as an autonomous body under the Ministry of Women & Child Development.
  • It was registered under the Societies Registration Act 1860.

Additional Information

• Rashtriya Mahila Kosh (RMK) is a  national  level  organization  as an  autonomous  body  under the  aegis of  the  Ministry of  Women and Child Development, for socio-economic empowerment  of  women. 
• The  operating  model  currently followed by  RMK is that  of a  facilitating agency  wherein  RMK  provides loans to  NGO-MFIs termed as Intermediary Organizations (IMO) which on-lend to Self Help Groups (SHGs)  of women. 
• RMK extends micro-credit to the women in the informal sector through a client-friendly, without collateral and in a hassle-free manner for income generation activities.
• RMK has taken a number of promotional measures to popularize the concept of micro-financing, enterprise development, thrift and credit, formation and strengthening of  Women-SHGs through intermediary organizations.