Comprehension Based Legal Reasoning Practice Questions

Comprehension Based Legal Reasoning Practice Questions

Passage 1

Source: (https://indiankanoon.org/doc/168671544/)

The overarching ideals of individual autonomy and liberty, equality for all sans discrimination of any kind, recognition of identity with dignity and privacy of human beings constitute the cardinal four corners of our monumental Constitution forming the concrete substratum of our fundamental rights that has eluded certain sections of our society who are still living in the bondage of dogmatic social norms, prejudiced notions, rigid stereotypes, parochial mindset and bigoted perceptions. Social exclusion, identity seclusion and isolation from the social mainstream are still the stark realities faced by individuals today and it is only when each and every individual is liberated from the shackles of such bondage and is able to work towards full development of his/her personality that we can call ourselves a truly free society. The first step on the long path to acceptance of the diversity and variegated hues that nature has created has to be taken now by vanquishing the enemies of prejudice and injustice and undoing the wrongs done so as to make way for a progressive and inclusive realisation of social and economic rights embracing all and to begin a dialogue for ensuring equal rights and opportunities for the less than equal sections of the society. We have to bid adieu to the perceptions, stereotypes and prejudices deeply ingrained in the societal mindset so as to usher in inclusivity in all spheres and empower all citizens alike without any kind of alienation and discrimination. The natural identity of an individual should be treated to be absolutely essential to his being. What nature gives is natural. That is called nature within. Thus, that part of the personality of a person has to be respected and not despised or looked down upon. The said inherent nature and the associated natural impulses in that regard are to be accepted. Non-acceptance of it by any societal norm or notion and punishment by law on some obsolete idea and idealism affects the kernel of the identity of an individual. Destruction of individual identity would tantamount to crushing of intrinsic dignity that cumulatively encapsulates the values of privacy, choice, freedom of speech and other expressions. It can be viewed from another angle. An individual in exercise of his choice may feel that he/she should be left alone but no one, and we mean, no one, should impose solitude on him/her.​​ A person‘s sex is usually assigned at birth, but a relatively small group of persons may be born with bodies which incorporate both or certain aspects of both male and female physiology. The learned Judge further observed that at times, genital anatomy problems may arise in certain persons in the sense that their innate perception of themselves is not in conformity with the sex assigned to them at birth and may include pre-and post- operative transsexual persons and also persons who do not choose to undergo or do not have access to operation and also include persons who cannot undergo successful operation.

Questions

  • What affects the kernel of the identity of an individual?

  • ​​ Artificial personality

  • Natural personality

  • Societal personality

  • None of the above

Ans. b

Rationale: The said inherent nature and the associated natural impulses in that regard are to be accepted. Non-acceptance of it by any societal norm or notion and punishment by law on some obsolete idea and idealism affects the kernel of the identity of an individual.

  • When a society can be called as a truly free society

  • When every individual is liberated

  • When the weaker section is free from bondages

  • Both a and b

  • None of the above​​ 

Ans. a

Rationale: Social exclusion, identity seclusion and isolation from the social mainstream are still the stark realities faced by individuals today and it is only when each and every individual is liberated from the shackles of such bondage and is able to work towards full development of his/her personality that we can call ourselves a truly free society.

  • What is referred by genital anatomy problems?

  • A person is not able to determine his/her sexual identity

  • A person is unable to procreate children

  • The recreating organs do not function properly since birth

  • innate perception is not in conformity with the sex assigned at birth

Ans. d

Rationale: genital anatomy problems may arise in certain persons in the sense that their innate perception of themselves is not in conformity with the sex assigned to them at birth and may include pre-and post- operative transsexual persons and also persons who do not choose to undergo or do not have access to operation and also include persons who cannot undergo successful operation.

  • What are the four cornerstones of Constitution?

  • Liberty, privacy, fraternity and secularism

  • Equality, dignity, fraternity and liberty

  • Equality, liberty, dignity and privacy

  • Liberty, socialist, equality and secularism

Ans. c

Rationale: ideals of individual autonomy and liberty, equality for all sans discrimination of any kind, recognition of identity with dignity and privacy of human beings constitute the cardinal four corners of our monumental Constitution.

  • Interpret the meaning of the following sentence in reference to the passage ‘An individual in exercise of his choice may feel that he/she should be left alone but no one, and we mean, no one, should impose solitude on him/her’

  • An individual should be left alone and no one should disturb him

  • An individual should be left alone but should not be made to feel so

  • An individual has a freedom to be left alone and the people should also leave him alone

  • An individual should never be made to feel alone and should always have a company

Ans. b

Rationale:​​ the given sentence means that one has a freedom to be alone but he should not be isolated by the society

Passage 2

Source: (https://indiankanoon.org/doc/168671544/)

The very existence of Section 377 IPC criminalising​​ transgender​​ casts a great stigma on an already oppressed and discriminated class of people. This stigma, oppression and prejudice has to be eradicated and the​​ transgender​​ have to progress from their narrow claustrophobic spaces of mere survival in hiding with their isolation and fears to enjoying the richness of living out of the shadows with full realization of their potential and equal opportunities in all walks of life. The ideals and objectives enshrined in our benevolent Constitution can be achieved only when each and every individual is empowered and enabled to participate in the social mainstream and in the journey towards achieving equality in all spheres, equality of opportunities in all walks of life, equal freedoms and rights and, above all, equitable justice. This can be achieved only by inclusion of all and exclusion of none from the mainstream.​​ We must realize that different hues and colours together make the painting of humanity beautiful and this beauty is the essence of humanity. We need to respect the strength of our diversity so as to sustain our unity as a cohesive unit of free citizens by fostering tolerance and respect for each​​ others’ rights​​ thereby progressing towards harmonious and peaceful co-existence in the supreme bond of humanity. Attitudes and mentality have to change to accept the distinct identity of individuals and respect them for who they are​​ rather than compelling them to​​ become ‘who​​ they are not. All human beings possess the equal right to be themselves instead of transitioning or conditioning themselves as per the perceived dogmatic notions of a group of people. To change the societal bias and root out the weed, it is the foremost duty of each one of us to​​ stand up and​​ speaks up​​ against the slightest form of discrimination against transgender​​ that we come across. Let us move from darkness to light, from bigotry to tolerance and from the winter of mere survival to the spring of​​ life​​ as the herald of a New India​​ to a more inclusive society. ​​ It is through times of grave disappointment, denunciation, adversity, grief, injustice and despair that the transgender​​ have stood firm with their formidable spirit, inspired commitment, strong determination and infinite hope and belief that has made them look for the rainbow in every cloud and lead the way to a future that would be the harbinger of liberation and emancipation from a certain bondage indescribable in words​​ towards the basic recognition of dignity and humanity of all and towards leading a life without pretence eschewing duality and ambivalence. It is their momentous walk to freedom​​ and journey to a constitutional ethos of dignity, equality and liberty and this freedom can only be fulfilled in its truest sense when each of us realize that the LGBT community possess equal rights as any other citizen in the country under the magnificent charter of rights – our​​ Constitution. Thus analysed, Section 377 IPC, so far as it penalizes any consensual sexual activity between two adults, be it homosexuals (man and a man), heterosexuals (man and a woman) and lesbians (woman and a woman),​​ and cannot​​ be regarded as constitutional. However, if anyone, by which we mean both a man and a woman, engages in any kind of sexual activity with an animal, the said aspect of Section 377 IPC is constitutional and it shall remain a penal offence under Section 377 IPC. Any act of the description covered under Section 377 IPC done between the individuals without the consent of any one of them would invite penal liability under Section 377 IPC.

Questions

  • What is the primary duty of every individual?

  • To treat every individually equally

  • To speak according to the will

  • To respect every religion

  • To speak against discrimination

Ans. d

Rationale:​​ To change the societal bias and root out the weed, it is the foremost duty of each one of us to stand up and speaks up against the slightest form of discrimination against transgender that we come across.

  • Why there is required to have a change in the attitude and mentality of the society

  • So as to let every individual​​ have a liberated life

  • So as to not compel someone to become who they are not

  • So as to enable everyone to have freedom of speech

  • So as to enable everyone to lead a file according to their wish

Ans. b

Rationale:​​ Attitudes and mentality have to change to accept the distinct identity of individuals and respect them for who they are rather than compelling them to become who they are not.

  • According to the passage how can the ideals of Constitution be achieved?

  • When everyone has freedom of speech and expression

  • When no person is discriminated on any ground

  • When every individual is empowered and enabled to participate in the social mainstream

  • When every individual has an autonomy to do everything according to their will​​ 

Ans. c

Rationale: The ideals and objectives enshrined in our benevolent Constitution can be achieved only when each and every individual is empowered and enabled to participate in the social mainstream and in the journey towards achieving equality in all spheres, equality of opportunities in all walks of life, equal freedoms and rights and, above all, equitable justice.

  • Which of the following activities is considered as offence under Section 377 IPC?

  • Bestiality​​ 

  • Vulgarity​​ 

  • Voyeurism​​ 

  • Disrobing​​ 

Ans. a

Rationale:​​ Section 377 IPC, so far as it penalizes any consensual sexual activity between two adults, be it homosexuals (man and a man), heterosexuals (man and a woman) and lesbians (woman and a woman), and cannot be regarded as constitutional. However, if anyone, by which we mean both a man and a woman, engages in any kind of sexual activity with an animal, the said aspect of Section 377 IPC is constitutional and it shall remain a penal offence under Section 377 IPC. Sex with animal is known as bestiality.​​ 

  • B a 20 year old commits sexual intercourse with C an eighteen year old boy without his consent. Under which Section of IPC shall B be held guilty?

  • 375

  • 377

  • 376

  • 345

Ans. b

Rationale:​​ Section 377 IPC, so far as it penalizes any consensual sexual activity between two adults, be it homosexuals (man and a man), heterosexuals (man and a woman) and lesbians (woman and a woman), and cannot be regarded as constitutional. However, if anyone, by which we mean both a man and a woman, engages in any kind of sexual activity with an animal, the said aspect of Section 377 IPC is constitutional and it shall remain a penal offence under Section 377 IPC. . Any act of the description covered under Section 377 IPC done between the individuals without the consent of any one of them would invite penal liability under Section 377 IPC.

 

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