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.

The correct answer is Gang rape of a girl below 16 years of age.

Key Points 

• 376 DA: PUNISHMENT FOR GANG RAPE ON WOMAN UNDER SIXTEEN YEARS OF AGE
  • Where a woman under sixteen 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 offense 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:
  • Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:
  • Provided further that any fine imposed under this section shall be paid to the victim.

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 offense 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 offense done under 363 A is Cognizable and Non-bailable.

• ​Non-Bailable offense - Getting bail is not the right of the accused. It is the discretion of the court to grant bail.
• Cognizable offense - A police Officer may arrest the accused without a warrant.
• Non-Compoundable offense - Parties associated with the case cannot settle the case out of court and decide not to prosecute

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 Juvenile Justice (Care and Protection of Children) Act, 2015.

• Juvenile Justice (Care and Protection of Children) Act, 2015:
  • An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, hereinunder and for matters connected therewith or incidental thereto.

Key Points

• The act is in force from 15^th January 2016.
• The main aim of the act is to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection.
• Ministry of women and child development is the nodal authority for the implementation of this act.

Additional Information

• The Juvenile Justice (Care and Protection of Children) Act was enacted for the first time in 1986 and got enforced nationwide in the year 2000.
• This act was also amended in 2006 and 2011.
• But the act underwent major changes in 2015 and thus it was renamed as The Juvenile Justice (Care and Protection of Children) Act, 2015.