Legal Reasoning Sectional Test 03 | Additional Study Material for CLAT PDF Download

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w w w . b y j u s e x a m p r e p . c o m
Mock Test Solutions in English
Questions
1. Direction: Study the following information carefully and answer the questions given below
The Social Justice Ministry issued a notification on January 10, 2019, notifying the Transgender Persons
(Protection of Rights) Act, 2019, which was passed by Parliament on November 26 and given Presidential
assent on December 5, 2019. The Act aims to end discrimination against transgender persons in
accessing education, employment and healthcare.
The Act says that a "transgender person" means a person whose gender does not match with the gender
assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has
undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy),
person with intersex variations, genderqueer and person having such socio-cultural identities as kinner,
hijra, aravani and jogtA.
Section 4 of the Act gives a transgender person the right to self-perceived gender identity. Section 5 says
that a transgender person, or the legal guardian in case of a minor, may make an application to the District
Magistrate for issuing a certificate of identity as a transgender person. Section 6 says that a certificate of
identity as transgender person can then be issued by the DM.
Section 7 focuses on transgenders who undergo sex-reassignment to change gender either as a male or
female, they will have to make an application to the DM, along with a certificate issued to that effect by the
Medical Superintendent or Chief Medical Officer of the medical institution in which that person has
undergone surgery. The DM would then issue a certificate indicating change in gender. Persons can
change their first names in the birth certificate and other official documents after getting the certificates
under Section 6 and 7.
Section 8 provides for the appropriate Government to take steps to secure full and effective participation of
transgender persons and their inclusion in society and formulate welfare schemes and programmes which
are transgender sensitive, non-stigmatising and non-discriminatory.
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w w w . b y j u s e x a m p r e p . c o m
Mock Test Solutions in English
Questions
1. Direction: Study the following information carefully and answer the questions given below
The Social Justice Ministry issued a notification on January 10, 2019, notifying the Transgender Persons
(Protection of Rights) Act, 2019, which was passed by Parliament on November 26 and given Presidential
assent on December 5, 2019. The Act aims to end discrimination against transgender persons in
accessing education, employment and healthcare.
The Act says that a "transgender person" means a person whose gender does not match with the gender
assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has
undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy),
person with intersex variations, genderqueer and person having such socio-cultural identities as kinner,
hijra, aravani and jogtA.
Section 4 of the Act gives a transgender person the right to self-perceived gender identity. Section 5 says
that a transgender person, or the legal guardian in case of a minor, may make an application to the District
Magistrate for issuing a certificate of identity as a transgender person. Section 6 says that a certificate of
identity as transgender person can then be issued by the DM.
Section 7 focuses on transgenders who undergo sex-reassignment to change gender either as a male or
female, they will have to make an application to the DM, along with a certificate issued to that effect by the
Medical Superintendent or Chief Medical Officer of the medical institution in which that person has
undergone surgery. The DM would then issue a certificate indicating change in gender. Persons can
change their first names in the birth certificate and other official documents after getting the certificates
under Section 6 and 7.
Section 8 provides for the appropriate Government to take steps to secure full and effective participation of
transgender persons and their inclusion in society and formulate welfare schemes and programmes which
are transgender sensitive, non-stigmatising and non-discriminatory.
w w w . b y j u s e x a m p r e p . c o m
The Act also provides that no establishment shall discriminate against any transgender person in any
matter relating to employment including, but not limited to, recruitment, promotion and other related
issues. No child as per Section 12 shall be separated from parents or immediate family on the ground of
being a transgender, except on an order of a competent court, in the interest of such chilD.
The Section 16 provides for the constitution of a National Council for Transgender Persons.
Shyaam is actually a female trapped in a male body. After the passing of the Transgender Persons
(Protection of Rights) Act, 2019 and it getting notified by the Social Justice Ministry on January 10, 2019,
he gets overjoyeD. He goes to the hospital that does sex-reassignment surgery and gets a date for
undergoing the procedure. In the mean time he changes his name to Shyamali and goes to the DM for
changing the name in his birth-certificate. Can he do that?
 
A. Yes. He can show the date of his sex-
reassignment surgery to the DM and get the
required certificate.
B. No. He has not yet undergone the sex-
reassignment surgery, hence he is still male.
 
C. Yes. The Act gives the right to self-perception of
gender identity.
D. No. He has still not got the certificate of him being
a transgender.
2. Rohan is born as a person with intersex variations. His family gets to know about this from the doctors and
starts mistreating him; they beat him and keep him in an unhealthy environment. An NGO for transgender
persons called Rainbow Umbrella Foundation removes him at the age of 12 from his family and gives him
a proper shelter to stay and arranges for his future studies and medical procedures. Is the foundation right
in doing so?
 
A. Yes. They can now be their legal guardians and
apply for a transgender certificate for him.
B. No. Rohan is still a minor and as per the Act he
has to stay with his parents.
 
C. Yes. The welfare of a transgender person has
been ensured in the Act, so this step is necessary.
D. No. This can only be done by the court of the
suitable level and no one else.
3. Sangeeta knows she is born in the wrong body. She is blessed to have parents with open minds who have
accepted her gender-identity. On her 16
th
 birthday, her parents fill the application to apply for a certificate
as a transgender to the DM. This will be their gift to her. Sangeeta also agrees for this certificate and is
overjoyeD. But can her parents do this?
 
A. Yes. This is being done with the consent of the
person
B. No. Only the concerned person can apply for the
certificate to the DM
 C. Yes. The parents of a minor can apply for the D. No. only the court of a suitable level can permit
Page 4


w w w . b y j u s e x a m p r e p . c o m
Mock Test Solutions in English
Questions
1. Direction: Study the following information carefully and answer the questions given below
The Social Justice Ministry issued a notification on January 10, 2019, notifying the Transgender Persons
(Protection of Rights) Act, 2019, which was passed by Parliament on November 26 and given Presidential
assent on December 5, 2019. The Act aims to end discrimination against transgender persons in
accessing education, employment and healthcare.
The Act says that a "transgender person" means a person whose gender does not match with the gender
assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has
undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy),
person with intersex variations, genderqueer and person having such socio-cultural identities as kinner,
hijra, aravani and jogtA.
Section 4 of the Act gives a transgender person the right to self-perceived gender identity. Section 5 says
that a transgender person, or the legal guardian in case of a minor, may make an application to the District
Magistrate for issuing a certificate of identity as a transgender person. Section 6 says that a certificate of
identity as transgender person can then be issued by the DM.
Section 7 focuses on transgenders who undergo sex-reassignment to change gender either as a male or
female, they will have to make an application to the DM, along with a certificate issued to that effect by the
Medical Superintendent or Chief Medical Officer of the medical institution in which that person has
undergone surgery. The DM would then issue a certificate indicating change in gender. Persons can
change their first names in the birth certificate and other official documents after getting the certificates
under Section 6 and 7.
Section 8 provides for the appropriate Government to take steps to secure full and effective participation of
transgender persons and their inclusion in society and formulate welfare schemes and programmes which
are transgender sensitive, non-stigmatising and non-discriminatory.
w w w . b y j u s e x a m p r e p . c o m
The Act also provides that no establishment shall discriminate against any transgender person in any
matter relating to employment including, but not limited to, recruitment, promotion and other related
issues. No child as per Section 12 shall be separated from parents or immediate family on the ground of
being a transgender, except on an order of a competent court, in the interest of such chilD.
The Section 16 provides for the constitution of a National Council for Transgender Persons.
Shyaam is actually a female trapped in a male body. After the passing of the Transgender Persons
(Protection of Rights) Act, 2019 and it getting notified by the Social Justice Ministry on January 10, 2019,
he gets overjoyeD. He goes to the hospital that does sex-reassignment surgery and gets a date for
undergoing the procedure. In the mean time he changes his name to Shyamali and goes to the DM for
changing the name in his birth-certificate. Can he do that?
 
A. Yes. He can show the date of his sex-
reassignment surgery to the DM and get the
required certificate.
B. No. He has not yet undergone the sex-
reassignment surgery, hence he is still male.
 
C. Yes. The Act gives the right to self-perception of
gender identity.
D. No. He has still not got the certificate of him being
a transgender.
2. Rohan is born as a person with intersex variations. His family gets to know about this from the doctors and
starts mistreating him; they beat him and keep him in an unhealthy environment. An NGO for transgender
persons called Rainbow Umbrella Foundation removes him at the age of 12 from his family and gives him
a proper shelter to stay and arranges for his future studies and medical procedures. Is the foundation right
in doing so?
 
A. Yes. They can now be their legal guardians and
apply for a transgender certificate for him.
B. No. Rohan is still a minor and as per the Act he
has to stay with his parents.
 
C. Yes. The welfare of a transgender person has
been ensured in the Act, so this step is necessary.
D. No. This can only be done by the court of the
suitable level and no one else.
3. Sangeeta knows she is born in the wrong body. She is blessed to have parents with open minds who have
accepted her gender-identity. On her 16
th
 birthday, her parents fill the application to apply for a certificate
as a transgender to the DM. This will be their gift to her. Sangeeta also agrees for this certificate and is
overjoyeD. But can her parents do this?
 
A. Yes. This is being done with the consent of the
person
B. No. Only the concerned person can apply for the
certificate to the DM
 C. Yes. The parents of a minor can apply for the D. No. only the court of a suitable level can permit
w w w . b y j u s e x a m p r e p . c o m
certificate to the DM Sangeeta to apply for the certificate
4. Raveena, even though is a female knows that she is a transgender. After the Act coming into force, she
applies for the application to the DM for transgender. She wants to be recognized as a genderqueer as her
gender identity. What can be the problem regarding this?
 
A. The Act doesn’t provide for any recognition of
people as genderqueer
B. The Act groups all the categories as transgender.
 
C. Raveena has not got the proper documents to
prove that she is a genderqueer
D. Raveena being a female can’t be a genderqueer
5. There is a private company in Punjab, which has made the law that only males and females can work in it.
Amit, who is a transgender in the sense that he is a genderqueer, works in the company sticking to the
company gender norms. He keeps his private life separate from his office-life. The company authorities
don’t allow him to get promoted stating the company gender-norms. They ask him to get a gender-
reassignment surgery to get the promotion. Can the authorities deny him permission? What will be the
primary and strongest argument for your answer?
 
A. No. The company can’t make the law that only
males and females can work in it
B. Yes. The company is private, so it can frame laws
to fit its own gender-norms of the employees
 
C. No. As per the Act, the company can’t
discriminate between genders to deny anyone
promotion
D. Both A and C
6. Direction: Study the following information carefully and answer the questions given below
As per Securities & Exchange Board of India ( SEBI) annual reports in 2017 and 2018, the regulator took
up 85 cases for investigations and only 25 have been completed so far. Most of these involve lack of
disclosure and trading on alleged insider information. But the crucial link of who communicated insider
information to whom and what were the gains made due to these trades is sorely lacking. Starting from
financial year 2011 to 2017 the regulator has completed probes in about 13-21 cases each year.
A new Bill has been brought in Parliament for insider-trading. Under the new legislation, if a person knows,
or recklessly disregards, that such information has been obtained wrongfully, or that such purchase or sale
would constitute a wrongful use of such information. The legislation also would move insider trading law
away from its focus on a duty to keep information confidential by more broadly describing what constituted
“wrongful” trading or transmission of confidential information.
Page 5


w w w . b y j u s e x a m p r e p . c o m
Mock Test Solutions in English
Questions
1. Direction: Study the following information carefully and answer the questions given below
The Social Justice Ministry issued a notification on January 10, 2019, notifying the Transgender Persons
(Protection of Rights) Act, 2019, which was passed by Parliament on November 26 and given Presidential
assent on December 5, 2019. The Act aims to end discrimination against transgender persons in
accessing education, employment and healthcare.
The Act says that a "transgender person" means a person whose gender does not match with the gender
assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has
undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy),
person with intersex variations, genderqueer and person having such socio-cultural identities as kinner,
hijra, aravani and jogtA.
Section 4 of the Act gives a transgender person the right to self-perceived gender identity. Section 5 says
that a transgender person, or the legal guardian in case of a minor, may make an application to the District
Magistrate for issuing a certificate of identity as a transgender person. Section 6 says that a certificate of
identity as transgender person can then be issued by the DM.
Section 7 focuses on transgenders who undergo sex-reassignment to change gender either as a male or
female, they will have to make an application to the DM, along with a certificate issued to that effect by the
Medical Superintendent or Chief Medical Officer of the medical institution in which that person has
undergone surgery. The DM would then issue a certificate indicating change in gender. Persons can
change their first names in the birth certificate and other official documents after getting the certificates
under Section 6 and 7.
Section 8 provides for the appropriate Government to take steps to secure full and effective participation of
transgender persons and their inclusion in society and formulate welfare schemes and programmes which
are transgender sensitive, non-stigmatising and non-discriminatory.
w w w . b y j u s e x a m p r e p . c o m
The Act also provides that no establishment shall discriminate against any transgender person in any
matter relating to employment including, but not limited to, recruitment, promotion and other related
issues. No child as per Section 12 shall be separated from parents or immediate family on the ground of
being a transgender, except on an order of a competent court, in the interest of such chilD.
The Section 16 provides for the constitution of a National Council for Transgender Persons.
Shyaam is actually a female trapped in a male body. After the passing of the Transgender Persons
(Protection of Rights) Act, 2019 and it getting notified by the Social Justice Ministry on January 10, 2019,
he gets overjoyeD. He goes to the hospital that does sex-reassignment surgery and gets a date for
undergoing the procedure. In the mean time he changes his name to Shyamali and goes to the DM for
changing the name in his birth-certificate. Can he do that?
 
A. Yes. He can show the date of his sex-
reassignment surgery to the DM and get the
required certificate.
B. No. He has not yet undergone the sex-
reassignment surgery, hence he is still male.
 
C. Yes. The Act gives the right to self-perception of
gender identity.
D. No. He has still not got the certificate of him being
a transgender.
2. Rohan is born as a person with intersex variations. His family gets to know about this from the doctors and
starts mistreating him; they beat him and keep him in an unhealthy environment. An NGO for transgender
persons called Rainbow Umbrella Foundation removes him at the age of 12 from his family and gives him
a proper shelter to stay and arranges for his future studies and medical procedures. Is the foundation right
in doing so?
 
A. Yes. They can now be their legal guardians and
apply for a transgender certificate for him.
B. No. Rohan is still a minor and as per the Act he
has to stay with his parents.
 
C. Yes. The welfare of a transgender person has
been ensured in the Act, so this step is necessary.
D. No. This can only be done by the court of the
suitable level and no one else.
3. Sangeeta knows she is born in the wrong body. She is blessed to have parents with open minds who have
accepted her gender-identity. On her 16
th
 birthday, her parents fill the application to apply for a certificate
as a transgender to the DM. This will be their gift to her. Sangeeta also agrees for this certificate and is
overjoyeD. But can her parents do this?
 
A. Yes. This is being done with the consent of the
person
B. No. Only the concerned person can apply for the
certificate to the DM
 C. Yes. The parents of a minor can apply for the D. No. only the court of a suitable level can permit
w w w . b y j u s e x a m p r e p . c o m
certificate to the DM Sangeeta to apply for the certificate
4. Raveena, even though is a female knows that she is a transgender. After the Act coming into force, she
applies for the application to the DM for transgender. She wants to be recognized as a genderqueer as her
gender identity. What can be the problem regarding this?
 
A. The Act doesn’t provide for any recognition of
people as genderqueer
B. The Act groups all the categories as transgender.
 
C. Raveena has not got the proper documents to
prove that she is a genderqueer
D. Raveena being a female can’t be a genderqueer
5. There is a private company in Punjab, which has made the law that only males and females can work in it.
Amit, who is a transgender in the sense that he is a genderqueer, works in the company sticking to the
company gender norms. He keeps his private life separate from his office-life. The company authorities
don’t allow him to get promoted stating the company gender-norms. They ask him to get a gender-
reassignment surgery to get the promotion. Can the authorities deny him permission? What will be the
primary and strongest argument for your answer?
 
A. No. The company can’t make the law that only
males and females can work in it
B. Yes. The company is private, so it can frame laws
to fit its own gender-norms of the employees
 
C. No. As per the Act, the company can’t
discriminate between genders to deny anyone
promotion
D. Both A and C
6. Direction: Study the following information carefully and answer the questions given below
As per Securities & Exchange Board of India ( SEBI) annual reports in 2017 and 2018, the regulator took
up 85 cases for investigations and only 25 have been completed so far. Most of these involve lack of
disclosure and trading on alleged insider information. But the crucial link of who communicated insider
information to whom and what were the gains made due to these trades is sorely lacking. Starting from
financial year 2011 to 2017 the regulator has completed probes in about 13-21 cases each year.
A new Bill has been brought in Parliament for insider-trading. Under the new legislation, if a person knows,
or recklessly disregards, that such information has been obtained wrongfully, or that such purchase or sale
would constitute a wrongful use of such information. The legislation also would move insider trading law
away from its focus on a duty to keep information confidential by more broadly describing what constituted
“wrongful” trading or transmission of confidential information.
w w w . b y j u s e x a m p r e p . c o m
There would be four ways to show that the information had been obtained wrongfully: by theft, bribery or
espionage; by violation of any federal law protecting computer data; by conversion, misappropriation or
unauthorized and deceptive taking of information; and by breach of a fiduciary duty or breach of “any other
personal or other relationship of trust and confidence. Hackers do not owe any duty of trust and
confidence as the current law requires. Under the new legislation, their efforts to obtain confidential
information by breaching computer security measures would be subject to the insider trading prohibition.
Current law also requires that the government show that a benefit flowed from the tippee to the tipper.
The legislation would eliminate that requirement, making it easier to prove a violation. The bill provides
that it is not necessary for the government to show “whether any personal benefit was paid or promised by
or to any person in the chain of communication, so long as the person trading while in possession of such
information or making the communication, as the case may be, was aware, consciously avoided being
aware or recklessly disregarded that such information was wrongfully obtained or communicateD.”.
The bill also allows individuals to engage in “automatic trading,” which means trades that occur under an
established plan of sales or have been made through an “advance election.” These trades are currently
permissible for executives who sell shares on a regular basis without regard to any current information
about the company.
Mr. X a Minister called his son several times from his office to intimate a change in the policy of the
Government that was taken in the cabinet meeting, which will effectively increase the tax burden on the
drug companies leading to fall in profit and increase in demand in the market. His son, who held stocks of
one such company, immediately sold the stocks which he and his father (Mr. X) held through their agent.
According to the author, can this act of the Minister be taken as insider trading?
 
A. No, as he has not sold the stocks directly. He
cannot be responsible for the act of his agent.
B. Yes, because he has used his office phone to
divulge the information.
 
C. Yes, because he has used a confidential
government policy decision for his personal benefit.
D. No, because he had only intimated the policy, but
the agent used that decision to sell the stocks.
7. Mr. Y, a Secretary of the Ministry of Urban Development, in a party with his friends innocently discussed
the upcoming government decision about imposition of a new cess on the registration fees of flats in the
metro cities. One of his friends who was a property dealer completed the registration of all the flats he had
booked without the knowledge of Mr. Y. When the matter came to light, Mr Y was accused of insider
trading. Mr. X pleaded not-guilty. According to the author will he succeed in being acquitted?
 A. Yes, because he had no intention of helping his B. No, because his disclosure of a proposed