CLATalogue Legal Reasoning Test Series Paper 5

CLATalogue Legal Reasoning Test Series Paper 5

Passage 1

Child marriage is not only a violation of human rights, but is also recognized as an obstacle to the development of young people. The practice of child marriage cut shorts a critical stage of self-discovery and exploring one’s identity. Child marriage is an imposition of a marriage partner on children or adolescents who are in no way ready and matured, and thus, are at a loss to understand the significance of marriage. Their development gets comprised due to being deprived of freedom, opportunity for personal development, and other rights including health and well-being, education, and participation in civic life and nullifies their basic rights as envisaged in the United Nation’s Convention on the Right of the Child ratified by India in 1989. Marriage at a young age prevents both girls and boys from exercising agency in making important life decisions and securing basic freedoms, including pursuing opportunities for education, earning a sustainable livelihood and accessing sexual health and rights. The key consequences of child marriage of girls may include early pregnancy; maternal and neonatal mortality; child health problems; educational setbacks; lower employment/livelihood prospects; exposure to violence and abuse, including a range of controlling and inequitable behaviours, leading to inevitable negative physical and psychological consequences; and limited agency of girls to influence decisions about their lives. Child marriage virtually works like a double-edged sword; lower age at marriage is significantly associated with worse outcomes for the child and worse pregnancy outcomes for the mother. All these factors push girls and their families into perpetuation of intergenerational poverty and marginalization. The impact of early marriage on girls​​ and to a lesser extent on boys​​ is wide​​ ranging, opines the Innocenti Digest on child marriage. Child brides often experience overlapping vulnerabilities - they are young, often poor and undereducated. This affects the resources and assets they can bring into their marital household, thus reducing their decision-making ability. Child marriage places a girl under the control of her husband and in-laws, limiting her ability to voice her opinions and form and pursue her own plans and aspirations. While child marriage is bound to have a detrimental effect on boys who would need to shoulder the responsibility of a wife and in most cases, have to also discontinue their education, there is very little research evidence to capture the long term economic and psychological effect on boys who are married early.​​ The impact of early child birth on health in which it is stated that “girls aged 15 to 19 years are twice more likely than older women to die from childbirth and pregnancy, making pregnancy the leading cause of death in poor countries for these age groups. Girls from the Scheduled Castes and Scheduled Tribes were on an average 10 per cent more likely (after accounting for other variables) to give birth earlier than girls from the other castes.” It has been found that girls most likely to have had a child by 19 years (as compared with all other married and unmarried girls) were from the poorest groups; were more likely to live in rural areas; had the least educated mothers; had earlier experiences of menarche; had lower education aspirations;​​ and were less likely to be enrolled in school between the age of 12 and 15 years. Being young and immature mothers, they have little say in decision-making about the number of children they want, nutrition, health-care etc. Lack of self-esteem or of a sense of ownership of her own body exposes a woman to repeated unwanted pregnancies.

Questions

  • Marriage at a young age deprives a child of which of the following?

  • Sustainable livelihood

  • Job opportunities

  • Better education

  • All the above

Ans. d

Rationale: ‘Marriage at a young age prevents both girls and boys from exercising agency in making important life decisions and securing basic freedoms, including pursuing opportunities for education, earning a sustainable livelihood and accessing sexual health and rights’. This line indicates that early marriage deprives the child of all the opportunities given in the option.

  • Why do children in child marriage fail to understand the significance of marriage?

  • ​​ Immaturity

  • Deprivation of freedom

  • Inequitable behaviour

  • psychological consequences

Ans. a

Rationale: ‘Child marriage is an imposition of a marriage partner on children or adolescents who are in no way ready and matured, and thus, are at a loss to understand the significance of marriage’.​​ This line states that immaturity of the children deprives the children to understand the significance of marriage.

  • Girls under the child marriage are under whose control after marriage?

  • Parents

  • State

  • Husband

  • Guardian

Ans. c

Rationale:​​ ‘Child marriage places a girl under the control of her husband and in-laws, limiting her ability to voice her opinions and form and pursue her own plans and aspirations’. ​​ This line clearly states that girls under child marriage are under the control her husband and in laws.

  • What are the negative effects of early pregnancy in child marriage on girls?

  • Poverty

  • Death

  • Harassment​​ 

  • Vulnerable

Ans. b

Rationale: ‘The impact of early child birth on health in which it is stated that “girls aged 15 to 19 years are twice more likely than older women to die from childbirth and pregnancy, making pregnancy the leading cause of death in poor countries for these age groups’. Early pregnancy in girl child leads to death of girls.

  • What are the factors which make girls vulnerable to repeated pregnancy?

  • Lack of self esteem

  • Low education

  • Intergenerational poverty

  • Young and immature

Ans. a

Rationale:​​ ‘Lack of self-esteem or of a sense of ownership of her own body exposes a woman to repeated unwanted pregnancies’. Lack of self-esteem makes girls vulnerable to repeated pregnancy.

 

Passage 2

The treaty bodies have expressed concerns about the scope and coverage of existing legislation, in particular in regard to definitions of rape that require use of force and violence rather than lack of consent; definitions of domestic violence that are limited to physical violence; treatment of sexual violence against women as crimes against the honour of the family or crimes against decency rather than violations of women’s right to bodily integrity; use of the defence of “honour” in cases of violence against women and the related mitigation of sentences; provisions allowing mitigation of sentences in rape cases where the perpetrator marries the victim; inadequacy of protective measures for trafficked women, as well as their treatment as criminals rather than victims; termination of criminal proceedings upon withdrawal of a case by the victim; penalization of abortion in rape cases; laws that allow early or forced marriage; inadequate penalties for acts of violence against women; and discriminatory penal laws. Among the seven descriptions is sexual intercourse against the will or without the consent of the woman; clause ‘Sixthly’ of Section 375 makes it clear that if the woman is under 18 years of age, then sexual intercourse with her - with or without her consent - is rape. This is commonly referred to as ‘statutory rape’ in which the willingness or consent of a woman below the age of 18 years for having sexual intercourse is rendered irrelevant and inconsequential. The husband of a girl child between 15 and 18 years of age has blanket liberty and freedom to have non-consensual sexual intercourse with his wife and he would not be punishable for rape under the IPC since such non-consensual sexual intercourse is not rape for the purposes of Section 375 of the IPC. the husband of a girl child does not have the liberty and freedom under the IPC to commit a lesser ‘sexual’ act with his wife, as for example, if the husband of a girl child assaults her with the intention of outraging her modesty, he would be punishable under the provisions of Section 354 of the IPC. In other words, the IPC permits a man to have non-consensual sexual intercourse with his wife if she is between 15 and 18 years of age but not to molest her. The Protection of Human Rights Act, 1993 defines “human rights” in Section 2(d) as meaning the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in​​ international covenants and enforceable by courts in India. There can be no doubt that if a girl child is forced by her husband into sexual intercourse against her will or without her consent, it would amount to a violation of her human right to liberty or her dignity guaranteed by the Constitution or at least embodied in international conventions accepted by India such as the Convention on the Rights of the Child (the CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (the CEDAW).

Questions

  • What do you understand by the term statutory rape?

  • Consent​​ for having sex is immaterial of a girl below the age of 15 years

  • Sex with a girl who is mentally ill with or without her consent

  • Consent for having sex is immaterial of a girl below the age of 18 years

  • Non consensual sex with wife

Ans. c

Rationale:​​ clause ‘Sixthly’ of Section 375 makes it clear that if the woman is under 18 years of age, then sexual intercourse with her - with or without her consent - is rape. This is commonly referred to as ‘statutory rape’ in which the willingness or consent of a woman below the age of 18 years for having sexual intercourse is rendered irrelevant and inconsequential.​​ 

  • Non consensual sex with wife is violative of which articles of the constitution?

  • 16

  • 18

  • 20

  • 21

Ans. d

Rationale: Article 21 of the Constitution denotes Right to life and liberty with dignity. If a girl child is forced by her husband into sexual intercourse against her will or without her consent, it would amount to a violation of her human right to liberty or her dignity guaranteed by the Constitution.

  • ​​ Which of the following rights are protected under the definition of human rights?

  • Right to liberty and dignity

  • Right to liberty and freedom

  • Right to dignity and religion

  • Right to freedom and dignity

Ans. a

Rationale: The Protection of Human Rights Act, 1993 defines “human rights” in Section 2(d) as meaning the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution.

  • Which of the following abuse are covered under the definition of domestic violence act?

  • Sexual abuse

  • Physical abuse

  • Both a and b

  • None of the above

Ans. b

Rationale: A definition of domestic violence is limited to physical violence and psychological abuse.

  • Which of the following section of IPC punishes the accused for outraging the modesty of a woman?

  • 357

  • 354

  • 376

  • 375

Ans. b

Rationale: if the husband of a girl child assaults her with the intention of outraging her modesty, he would be punishable under the provisions of Section 354 of the IPC.

 

 

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