Test: Legal Reasoning - 2 - CLAT MCQ

Passage - 1

The fundamental rights were included in the constitution because they were considered essential for the development of the personality of every individual and to preserve human dignity. All people, irrespective of race, religion, caste or sex, have been given the right to move the Supreme Court and the High Courts for the enforcement of their fundamental rights. There are seven categories of Fundamental Rights (FR) which are covered from Articles 12-35. Fundamental right shall be made applicable only to the legislative or administrative actions of the state and not the private actions. Any law in
contravention of fundamental rights is void, unconstitutional and therefore cannot bind any person. It is a fundamental right that no person shall be denied admission into any educational institution maintained by State or receiving funds from the State only on the ground of religion, race, case, language or any of them. It is a fundamental right of all minorities whether based on religion or language shall have the right to institute or administer educational institution of their choice.
State shall not, in granting aid to the educational institution, discriminate against any educational institution on the ground that it is under the management of a minority, based on religion or language. It is a directive principle of state policy to promote with special care, educational interest of weaker section of people including scheduled tribes and castes. Directive principles are not justiciable in a court of law.

Q. If Parliament by law decides to deny any funding to all minority institutes except Muslim minority institutes, then:

Passage - 2

The law of contract lays down the legal rules relating to promises: their formation, their performance, and their enforceability. Explaining the object of contract, Sir William Anson observes: “The law of contract is intended to ensure that what a man has led to expect shall come to pass; that what has been promised to him shall be performed.”
The law relating to contract defines it as ‘An agreement which is enforceable by law is a Contract’. An agreement is a promise and a promise is an accepted proposal. Thus every agreement is made up of a proposal or offer from one side and its acceptance by the other. There must be a lawful offer and acceptance for the formation of an agreement. The adjective ‘lawful’ implies that the offer and acceptance must satisfy the requirements of the contract act in relation thereto.
Another important essential of a contract is Intention to create a legal relationship. There must be a clear intention among the parties that the agreement should be attached by legal consequences and create a legal obligation. Lawful Consideration and competent parties are other important essential ingredients of contract.
Free consent is one of the most important essential ingredients of a contract. Section 14 of the Act defined the term free consent as follows- “consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake.
Contracts play a very important role in the day-to-day life of every person. Contracts or agreements between various parties are framed and validate by the Contract Act. So for the formation of a contract, the above-given conditions must be fulfilled by the parties.

Q. The law related to contracts is given under which legislation in India?

Passage - 2

The law of contract lays down the legal rules relating to promises: their formation, their performance, and their enforceability. Explaining the object of contract, Sir William Anson observes: “The law of contract is intended to ensure that what a man has led to expect shall come to pass; that what has been promised to him shall be performed.”
The law relating to contract defines it as ‘An agreement which is enforceable by law is a Contract’. An agreement is a promise and a promise is an accepted proposal. Thus every agreement is made up of a proposal or offer from one side and its acceptance by the other. There must be a lawful offer and acceptance for the formation of an agreement. The adjective ‘lawful’ implies that the offer and acceptance must satisfy the requirements of the contract act in relation thereto.
Another important essential of a contract is Intention to create a legal relationship. There must be a clear intention among the parties that the agreement should be attached by legal consequences and create a legal obligation. Lawful Consideration and competent parties are other important essential ingredients of contract.
Free consent is one of the most important essential ingredients of a contract. Section 14 of the Act defined the term free consent as follows- “consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake.
Contracts play a very important role in the day-to-day life of every person. Contracts or agreements between various parties are framed and validate by the Contract Act. So for the formation of a contract, the above-given conditions must be fulfilled by the parties.

Q. Where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. In the month of June, 2006 Pak Cotton Mills of Lahore asked its supplier Surat Cotton Company to “send 100 Quintals on the Peerless.” Surat Cotton Company replied - “Consignment would be sent by Peerless.” The consignment was sent in September, but as the Cotton Mills was expecting the consignment in July itself, it suffered genuine losses. It was found that there were two ships named Peerless sailing from Surat, one in July and the other in September. Pak Cotton Mills claims compensation for its losses due to delayed delivery from Surat Cotton Company. Will it succeed?

Passage - 2

The law of contract lays down the legal rules relating to promises: their formation, their performance, and their enforceability. Explaining the object of contract, Sir William Anson observes: “The law of contract is intended to ensure that what a man has led to expect shall come to pass; that what has been promised to him shall be performed.”
The law relating to contract defines it as ‘An agreement which is enforceable by law is a Contract’. An agreement is a promise and a promise is an accepted proposal. Thus every agreement is made up of a proposal or offer from one side and its acceptance by the other. There must be a lawful offer and acceptance for the formation of an agreement. The adjective ‘lawful’ implies that the offer and acceptance must satisfy the requirements of the contract act in relation thereto.
Another important essential of a contract is Intention to create a legal relationship. There must be a clear intention among the parties that the agreement should be attached by legal consequences and create a legal obligation. Lawful Consideration and competent parties are other important essential ingredients of contract.
Free consent is one of the most important essential ingredients of a contract. Section 14 of the Act defined the term free consent as follows- “consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake.
Contracts play a very important role in the day-to-day life of every person. Contracts or agreements between various parties are framed and validate by the Contract Act. So for the formation of a contract, the above-given conditions must be fulfilled by the parties.

Q. Keeping silence as to facts which can affect the will of a contracting party is not fraud unless it is the duty of the person to speak the facts in the given circumstances. A and B are traders in food grains. B wants to buy a thousand tonnes of wheat from A. A has private information that the prices of wheat will fall heavily next week. He did not tell this to B because he fears B will not enter into the agreement. After making the purchase, B suffers a huge loss the next week, and he comes to know that A, despite knowing the facts of the market, sold him such a huge quantity of wheat. He files a suit against A alleging fraud on his part and prayed to the court that the contract be declared voidable at his option. Decide.

Passage - 2

The law of contract lays down the legal rules relating to promises: their formation, their performance, and their enforceability. Explaining the object of contract, Sir William Anson observes: “The law of contract is intended to ensure that what a man has led to expect shall come to pass; that what has been promised to him shall be performed.”
The law relating to contract defines it as ‘An agreement which is enforceable by law is a Contract’. An agreement is a promise and a promise is an accepted proposal. Thus every agreement is made up of a proposal or offer from one side and its acceptance by the other. There must be a lawful offer and acceptance for the formation of an agreement. The adjective ‘lawful’ implies that the offer and acceptance must satisfy the requirements of the contract act in relation thereto.
Another important essential of a contract is Intention to create a legal relationship. There must be a clear intention among the parties that the agreement should be attached by legal consequences and create a legal obligation. Lawful Consideration and competent parties are other important essential ingredients of contract.
Free consent is one of the most important essential ingredients of a contract. Section 14 of the Act defined the term free consent as follows- “consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake.
Contracts play a very important role in the day-to-day life of every person. Contracts or agreements between various parties are framed and validate by the Contract Act. So for the formation of a contract, the above-given conditions must be fulfilled by the parties.

Q. A contract made by a person so intoxicated as not to know the consequences of his act is not binding on him if his condition is known to the other party. Jai and Veeru decide to go to a pub to celebrate Jai’s marriage to Basanti. At the bar, both of them drink a lot and Jai gets drunk. While they were on their way back home, Jai agrees to sell his Bike to Veeru for Rs. 5,000. Next day morning, when Jai wakes up, he does not remember anything. However, when Veeru comes in the evening to take the Bike, Jai does not say anything and gives the Bike to Veeru for Rs. 5,000. Sometime later, he files a case on the ground that he was intoxicated at the time of contract.

Passage - 2

The law of contract lays down the legal rules relating to promises: their formation, their performance, and their enforceability. Explaining the object of contract, Sir William Anson observes: “The law of contract is intended to ensure that what a man has led to expect shall come to pass; that what has been promised to him shall be performed.”
The law relating to contract defines it as ‘An agreement which is enforceable by law is a Contract’. An agreement is a promise and a promise is an accepted proposal. Thus every agreement is made up of a proposal or offer from one side and its acceptance by the other. There must be a lawful offer and acceptance for the formation of an agreement. The adjective ‘lawful’ implies that the offer and acceptance must satisfy the requirements of the contract act in relation thereto.
Another important essential of a contract is Intention to create a legal relationship. There must be a clear intention among the parties that the agreement should be attached by legal consequences and create a legal obligation. Lawful Consideration and competent parties are other important essential ingredients of contract.
Free consent is one of the most important essential ingredients of a contract. Section 14 of the Act defined the term free consent as follows- “consent is said to be free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake.
Contracts play a very important role in the day-to-day life of every person. Contracts or agreements between various parties are framed and validate by the Contract Act. So for the formation of a contract, the above-given conditions must be fulfilled by the parties.

Q. Consideration is the value paid for the promise. Consideration must sufficient but not adequate. Kestle, a famous chocolate manufacturer came out with a promotional scheme for improving the sale of its chocolates. According to the scheme, any person would get a video game in exchange of six wrappers of Kestle chocolate bars. When Ronny found out about this offer, he got very excited. He finished six chocolate bars in one hour and went to the shop to exchange it for a video game. The shopkeeper was not aware of the scheme as there was no intimation from the Company. Ronny then filed a case against the Company on the ground of breach of contract and claimed the video game. Kestle Company asserted that there were not bound by the contract. Decide.

Passage - 3

On May 14, the Ministry of Home Affairs issued a Request for Proposal (RFP) to select a private agency for creating a National Database of Sexual Offenders for India. The said RFP states that the purpose of establishing the database of sex offenders is to help in the early detection and prevention of crime against women, arrests of persons accused of criminal offences and to keep a watch on habitual offenders. Media reports suggest that the public will have access to the details regarding convicted sex offenders and law enforcement officials will have access to data about persons on trial for sexual offences. This registry seems to be one more knee-jerk and populist reaction to the problem of sexual violence against women and children in India.
The ministry seems to have launched this initiative without analysing the evidence on the limited efficacy of such registries in other jurisdictions in reducing rates of repeat offending and without examining its appropriateness in the Indian context. Various states in the US have had such publicly accessible registries for around 28 years and multiple studies have shown that they have limited public safety benefits and significant social costs. Sex offender registries are predicated on the assumption that convicted sex offenders have a high likelihood of committing offences after serving their sentences. This assumption is not borne out by data. In India, the percentage of recidivism among arrested persons according to data collected by the National Crime Records Bureau (NCRB) for 2016 is only 6.4%.
The registry is being proposed in response to widely- reported horrific incidents of rape. The logic seems to be that if the police have a list of offenders living in the area, investigation becomes simpler and people, especially parents, can be more vigilant if they are aware of offenders living around them. However in India, as per the NCRB data for 2016, in 94.6% of reported cases of rape against women and children, the perpetrator is known to the victim. Such a registry offers little protection from such offenders. In fact, the fear of the offender being included in the registry may exacerbate the problem of underreporting by making people apprehensive about reporting sexual violence involving family members and acquaintances.
Once the general public has unfettered access to data about sex offenders online, it can open a Pandora's Box. The fears of offenders being ostracised and vilified become very real. Among a host of foreseeable problems, they will find it particularly tough to find employment or housing. India has already witnessed cases of lynchings of people suspected to be child kidnappers. It is not paranoid to expect the public reaction to convicted offenders to be much worse. Once offenders are pushed into the margins, their access to treatment, supervision and support systems becomes diminished, which may be quite counterproductive. If the state imposes restrictions on where such offenders can live, the housing crisis they will face will be exacerbated. They may become homeless or be compelled to live in areas far from home where they may face less scrutiny. The stigma and ostracisation that such offenders will face will invariably extend to their families. Studies in the US have shown that a combination of social ostracisation, lack of psychiatric support and the inability to find a job or housing, can even increase chances of recidivism; thus, defeating the very purpose of the registry. In such circumstances, registration in such a database can turn into a 'scarlet letter' like badge of shame that can punish offenders much beyond their sentences and make their rehabilitation and reintegration into society next to impossible.
As per the National Family Health Survey (NFHS) data from 2015-2016, we know that 85% of cases of sexual violence against women, which excludes cases of marital rape and assault, go unreported. Such a registry does not begin to address this problem.
Before implementing this registry, the Ministry of Home Affairs must create a research base on recidivism among sex offenders and the risk factors and hold a much broader public debate on the need for the registry. This is not to say that sexual offences are not an urgent problem. In the Indian context, the focus needs to be shifted to tackling barriers to reporting, training law enforcement officials and providing support to survivors rather than this ill-conceived registry.

Q. Which of the following is mentioned in the statement of RFP?

Passage - 3

On May 14, the Ministry of Home Affairs issued a Request for Proposal (RFP) to select a private agency for creating a National Database of Sexual Offenders for India. The said RFP states that the purpose of establishing the database of sex offenders is to help in the early detection and prevention of crime against women, arrests of persons accused of criminal offences and to keep a watch on habitual offenders. Media reports suggest that the public will have access to the details regarding convicted sex offenders and law enforcement officials will have access to data about persons on trial for sexual offences. This registry seems to be one more knee-jerk and populist reaction to the problem of sexual violence against women and children in India.
The ministry seems to have launched this initiative without analysing the evidence on the limited efficacy of such registries in other jurisdictions in reducing rates of repeat offending and without examining its appropriateness in the Indian context. Various states in the US have had such publicly accessible registries for around 28 years and multiple studies have shown that they have limited public safety benefits and significant social costs. Sex offender registries are predicated on the assumption that convicted sex offenders have a high likelihood of committing offences after serving their sentences. This assumption is not borne out by data. In India, the percentage of recidivism among arrested persons according to data collected by the National Crime Records Bureau (NCRB) for 2016 is only 6.4%.
The registry is being proposed in response to widely- reported horrific incidents of rape. The logic seems to be that if the police have a list of offenders living in the area, investigation becomes simpler and people, especially parents, can be more vigilant if they are aware of offenders living around them. However in India, as per the NCRB data for 2016, in 94.6% of reported cases of rape against women and children, the perpetrator is known to the victim. Such a registry offers little protection from such offenders. In fact, the fear of the offender being included in the registry may exacerbate the problem of underreporting by making people apprehensive about reporting sexual violence involving family members and acquaintances.
Once the general public has unfettered access to data about sex offenders online, it can open a Pandora's Box. The fears of offenders being ostracised and vilified become very real. Among a host of foreseeable problems, they will find it particularly tough to find employment or housing. India has already witnessed cases of lynchings of people suspected to be child kidnappers. It is not paranoid to expect the public reaction to convicted offenders to be much worse. Once offenders are pushed into the margins, their access to treatment, supervision and support systems becomes diminished, which may be quite counterproductive. If the state imposes restrictions on where such offenders can live, the housing crisis they will face will be exacerbated. They may become homeless or be compelled to live in areas far from home where they may face less scrutiny. The stigma and ostracisation that such offenders will face will invariably extend to their families. Studies in the US have shown that a combination of social ostracisation, lack of psychiatric support and the inability to find a job or housing, can even increase chances of recidivism; thus, defeating the very purpose of the registry. In such circumstances, registration in such a database can turn into a 'scarlet letter' like badge of shame that can punish offenders much beyond their sentences and make their rehabilitation and reintegration into society next to impossible.
As per the National Family Health Survey (NFHS) data from 2015-2016, we know that 85% of cases of sexual violence against women, which excludes cases of marital rape and assault, go unreported. Such a registry does not begin to address this problem.
Before implementing this registry, the Ministry of Home Affairs must create a research base on recidivism among sex offenders and the risk factors and hold a much broader public debate on the need for the registry. This is not to say that sexual offences are not an urgent problem. In the Indian context, the focus needs to be shifted to tackling barriers to reporting, training law enforcement officials and providing support to survivors rather than this ill-conceived registry.

Q. Which of the following focuses on the mistake of the Home Ministry which issued the RFP?

Passage - 3

On May 14, the Ministry of Home Affairs issued a Request for Proposal (RFP) to select a private agency for creating a National Database of Sexual Offenders for India. The said RFP states that the purpose of establishing the database of sex offenders is to help in the early detection and prevention of crime against women, arrests of persons accused of criminal offences and to keep a watch on habitual offenders. Media reports suggest that the public will have access to the details regarding convicted sex offenders and law enforcement officials will have access to data about persons on trial for sexual offences. This registry seems to be one more knee-jerk and populist reaction to the problem of sexual violence against women and children in India.
The ministry seems to have launched this initiative without analysing the evidence on the limited efficacy of such registries in other jurisdictions in reducing rates of repeat offending and without examining its appropriateness in the Indian context. Various states in the US have had such publicly accessible registries for around 28 years and multiple studies have shown that they have limited public safety benefits and significant social costs. Sex offender registries are predicated on the assumption that convicted sex offenders have a high likelihood of committing offences after serving their sentences. This assumption is not borne out by data. In India, the percentage of recidivism among arrested persons according to data collected by the National Crime Records Bureau (NCRB) for 2016 is only 6.4%.
The registry is being proposed in response to widely- reported horrific incidents of rape. The logic seems to be that if the police have a list of offenders living in the area, investigation becomes simpler and people, especially parents, can be more vigilant if they are aware of offenders living around them. However in India, as per the NCRB data for 2016, in 94.6% of reported cases of rape against women and children, the perpetrator is known to the victim. Such a registry offers little protection from such offenders. In fact, the fear of the offender being included in the registry may exacerbate the problem of underreporting by making people apprehensive about reporting sexual violence involving family members and acquaintances.
Once the general public has unfettered access to data about sex offenders online, it can open a Pandora's Box. The fears of offenders being ostracised and vilified become very real. Among a host of foreseeable problems, they will find it particularly tough to find employment or housing. India has already witnessed cases of lynchings of people suspected to be child kidnappers. It is not paranoid to expect the public reaction to convicted offenders to be much worse. Once offenders are pushed into the margins, their access to treatment, supervision and support systems becomes diminished, which may be quite counterproductive. If the state imposes restrictions on where such offenders can live, the housing crisis they will face will be exacerbated. They may become homeless or be compelled to live in areas far from home where they may face less scrutiny. The stigma and ostracisation that such offenders will face will invariably extend to their families. Studies in the US have shown that a combination of social ostracisation, lack of psychiatric support and the inability to find a job or housing, can even increase chances of recidivism; thus, defeating the very purpose of the registry. In such circumstances, registration in such a database can turn into a 'scarlet letter' like badge of shame that can punish offenders much beyond their sentences and make their rehabilitation and reintegration into society next to impossible.
As per the National Family Health Survey (NFHS) data from 2015-2016, we know that 85% of cases of sexual violence against women, which excludes cases of marital rape and assault, go unreported. Such a registry does not begin to address this problem.
Before implementing this registry, the Ministry of Home Affairs must create a research base on recidivism among sex offenders and the risk factors and hold a much broader public debate on the need for the registry. This is not to say that sexual offences are not an urgent problem. In the Indian context, the focus needs to be shifted to tackling barriers to reporting, training law enforcement officials and providing support to survivors rather than this ill-conceived registry.

Q. Which of the following is an assumption on which the Sex offender registries are predicated?

Passage - 3

On May 14, the Ministry of Home Affairs issued a Request for Proposal (RFP) to select a private agency for creating a National Database of Sexual Offenders for India. The said RFP states that the purpose of establishing the database of sex offenders is to help in the early detection and prevention of crime against women, arrests of persons accused of criminal offences and to keep a watch on habitual offenders. Media reports suggest that the public will have access to the details regarding convicted sex offenders and law enforcement officials will have access to data about persons on trial for sexual offences. This registry seems to be one more knee-jerk and populist reaction to the problem of sexual violence against women and children in India.
The ministry seems to have launched this initiative without analysing the evidence on the limited efficacy of such registries in other jurisdictions in reducing rates of repeat offending and without examining its appropriateness in the Indian context. Various states in the US have had such publicly accessible registries for around 28 years and multiple studies have shown that they have limited public safety benefits and significant social costs. Sex offender registries are predicated on the assumption that convicted sex offenders have a high likelihood of committing offences after serving their sentences. This assumption is not borne out by data. In India, the percentage of recidivism among arrested persons according to data collected by the National Crime Records Bureau (NCRB) for 2016 is only 6.4%.
The registry is being proposed in response to widely- reported horrific incidents of rape. The logic seems to be that if the police have a list of offenders living in the area, investigation becomes simpler and people, especially parents, can be more vigilant if they are aware of offenders living around them. However in India, as per the NCRB data for 2016, in 94.6% of reported cases of rape against women and children, the perpetrator is known to the victim. Such a registry offers little protection from such offenders. In fact, the fear of the offender being included in the registry may exacerbate the problem of underreporting by making people apprehensive about reporting sexual violence involving family members and acquaintances.
Once the general public has unfettered access to data about sex offenders online, it can open a Pandora's Box. The fears of offenders being ostracised and vilified become very real. Among a host of foreseeable problems, they will find it particularly tough to find employment or housing. India has already witnessed cases of lynchings of people suspected to be child kidnappers. It is not paranoid to expect the public reaction to convicted offenders to be much worse. Once offenders are pushed into the margins, their access to treatment, supervision and support systems becomes diminished, which may be quite counterproductive. If the state imposes restrictions on where such offenders can live, the housing crisis they will face will be exacerbated. They may become homeless or be compelled to live in areas far from home where they may face less scrutiny. The stigma and ostracisation that such offenders will face will invariably extend to their families. Studies in the US have shown that a combination of social ostracisation, lack of psychiatric support and the inability to find a job or housing, can even increase chances of recidivism; thus, defeating the very purpose of the registry. In such circumstances, registration in such a database can turn into a 'scarlet letter' like badge of shame that can punish offenders much beyond their sentences and make their rehabilitation and reintegration into society next to impossible.
As per the National Family Health Survey (NFHS) data from 2015-2016, we know that 85% of cases of sexual violence against women, which excludes cases of marital rape and assault, go unreported. Such a registry does not begin to address this problem.
Before implementing this registry, the Ministry of Home Affairs must create a research base on recidivism among sex offenders and the risk factors and hold a much broader public debate on the need for the registry. This is not to say that sexual offences are not an urgent problem. In the Indian context, the focus needs to be shifted to tackling barriers to reporting, training law enforcement officials and providing support to survivors rather than this ill-conceived registry.

Q. Which of the following is true as far as the limitations of this registry are concerned?

Passage - 3

On May 14, the Ministry of Home Affairs issued a Request for Proposal (RFP) to select a private agency for creating a National Database of Sexual Offenders for India. The said RFP states that the purpose of establishing the database of sex offenders is to help in the early detection and prevention of crime against women, arrests of persons accused of criminal offences and to keep a watch on habitual offenders. Media reports suggest that the public will have access to the details regarding convicted sex offenders and law enforcement officials will have access to data about persons on trial for sexual offences. This registry seems to be one more knee-jerk and populist reaction to the problem of sexual violence against women and children in India.
The ministry seems to have launched this initiative without analysing the evidence on the limited efficacy of such registries in other jurisdictions in reducing rates of repeat offending and without examining its appropriateness in the Indian context. Various states in the US have had such publicly accessible registries for around 28 years and multiple studies have shown that they have limited public safety benefits and significant social costs. Sex offender registries are predicated on the assumption that convicted sex offenders have a high likelihood of committing offences after serving their sentences. This assumption is not borne out by data. In India, the percentage of recidivism among arrested persons according to data collected by the National Crime Records Bureau (NCRB) for 2016 is only 6.4%.
The registry is being proposed in response to widely- reported horrific incidents of rape. The logic seems to be that if the police have a list of offenders living in the area, investigation becomes simpler and people, especially parents, can be more vigilant if they are aware of offenders living around them. However in India, as per the NCRB data for 2016, in 94.6% of reported cases of rape against women and children, the perpetrator is known to the victim. Such a registry offers little protection from such offenders. In fact, the fear of the offender being included in the registry may exacerbate the problem of underreporting by making people apprehensive about reporting sexual violence involving family members and acquaintances.
Once the general public has unfettered access to data about sex offenders online, it can open a Pandora's Box. The fears of offenders being ostracised and vilified become very real. Among a host of foreseeable problems, they will find it particularly tough to find employment or housing. India has already witnessed cases of lynchings of people suspected to be child kidnappers. It is not paranoid to expect the public reaction to convicted offenders to be much worse. Once offenders are pushed into the margins, their access to treatment, supervision and support systems becomes diminished, which may be quite counterproductive. If the state imposes restrictions on where such offenders can live, the housing crisis they will face will be exacerbated. They may become homeless or be compelled to live in areas far from home where they may face less scrutiny. The stigma and ostracisation that such offenders will face will invariably extend to their families. Studies in the US have shown that a combination of social ostracisation, lack of psychiatric support and the inability to find a job or housing, can even increase chances of recidivism; thus, defeating the very purpose of the registry. In such circumstances, registration in such a database can turn into a 'scarlet letter' like badge of shame that can punish offenders much beyond their sentences and make their rehabilitation and reintegration into society next to impossible.
As per the National Family Health Survey (NFHS) data from 2015-2016, we know that 85% of cases of sexual violence against women, which excludes cases of marital rape and assault, go unreported. Such a registry does not begin to address this problem.
Before implementing this registry, the Ministry of Home Affairs must create a research base on recidivism among sex offenders and the risk factors and hold a much broader public debate on the need for the registry. This is not to say that sexual offences are not an urgent problem. In the Indian context, the focus needs to be shifted to tackling barriers to reporting, training law enforcement officials and providing support to survivors rather than this ill-conceived registry.

Q. The author gives which of the following suggestions to the concerned ministry?

Passage - 4

For a proper functioning of democracy it is essential that citizens are kept informed about news from various parts of the country and even abroad, because only then can they form rational opinions. A citizen surely cannot be expected personally to gather news to enable him or her to form such opinions. Hence, the media play an important role in a democracy and serve as an agency of the people to gather news for them. It is for this reason that freedom of the press has been emphasised in all democratic countries, while it was not permitted in feudal or totalitarian regimes.
In India, the media have played a historical role in providing information to the people about social and economic evils. Also, sometimes the media present twisted or distorted news that may contain an element of truth but also an element of untruth.
Recently, Media comments on pending cases, especially on criminal cases where the life or liberty of a citizen is involved, are a delicate issue and should be carefully considered. After all, judges are human beings too, and sometimes it may be difficult for them not to be influenced by such news. This, too, should be avoided because a half-truth can be more dangerous than a total lie. The media should avoid giving any slant to news, and avoid sensationalism and yellow journalism. Only then will they gain the respect of the people and fulfill their true role in a democracy.
The British law is that when a case is sub judice, no comment can be made on it, whereas U.S. law permits such comment. In India we may have to take an intermediate view on this issue: while on the one hand we have a written Constitution that guarantees freedom of speech in Article 19(1)(a) - which the unwritten British Constitution does not - the life and liberty of a citizen is a fundamental right guaranteed by Article 21 and should not lightly be jeopardised. Hence, a balanced view has to be taken on this.
Therefore, the media have a great responsibility also to see that the news they present is accurate and serve the interest of the people. If the media convey false news that may harm the reputation of a person or a section of society, it may do great damage since reputation is a valuable asset for a person. Even if the media subsequently correct a statement, the damage done may be irreparable. Hence, the media should take care to carefully investigate any news item before reporting it.

Q. Which of the following is the most logical, rational,

Passage - 4

For a proper functioning of democracy it is essential that citizens are kept informed about news from various parts of the country and even abroad, because only then can they form rational opinions. A citizen surely cannot be expected personally to gather news to enable him or her to form such opinions. Hence, the media play an important role in a democracy and serve as an agency of the people to gather news for them. It is for this reason that freedom of the press has been emphasised in all democratic countries, while it was not permitted in feudal or totalitarian regimes.
In India, the media have played a historical role in providing information to the people about social and economic evils. Also, sometimes the media present twisted or distorted news that may contain an element of truth but also an element of untruth.
Recently, Media comments on pending cases, especially on criminal cases where the life or liberty of a citizen is involved, are a delicate issue and should be carefully considered. After all, judges are human beings too, and sometimes it may be difficult for them not to be influenced by such news. This, too, should be avoided because a half-truth can be more dangerous than a total lie. The media should avoid giving any slant to news, and avoid sensationalism and yellow journalism. Only then will they gain the respect of the people and fulfill their true role in a democracy.
The British law is that when a case is sub judice, no comment can be made on it, whereas U.S. law permits such comment. In India we may have to take an intermediate view on this issue: while on the one hand we have a written Constitution that guarantees freedom of speech in Article 19(1)(a) - which the unwritten British Constitution does not - the life and liberty of a citizen is a fundamental right guaranteed by Article 21 and should not lightly be jeopardised. Hence, a balanced view has to be taken on this.
Therefore, the media have a great responsibility also to see that the news they present is accurate and serve the interest of the people. If the media convey false news that may harm the reputation of a person or a section of society, it may do great damage since reputation is a valuable asset for a person. Even if the media subsequently correct a statement, the damage done may be irreparable. Hence, the media should take care to carefully investigate any news item before reporting it.

Q. Which of the following statements points to the difficulty faced by a reader to form an independent opinion?

Passage - 4

For a proper functioning of democracy it is essential that citizens are kept informed about news from various parts of the country and even abroad, because only then can they form rational opinions. A citizen surely cannot be expected personally to gather news to enable him or her to form such opinions. Hence, the media play an important role in a democracy and serve as an agency of the people to gather news for them. It is for this reason that freedom of the press has been emphasised in all democratic countries, while it was not permitted in feudal or totalitarian regimes.
In India, the media have played a historical role in providing information to the people about social and economic evils. Also, sometimes the media present twisted or distorted news that may contain an element of truth but also an element of untruth.
Recently, Media comments on pending cases, especially on criminal cases where the life or liberty of a citizen is involved, are a delicate issue and should be carefully considered. After all, judges are human beings too, and sometimes it may be difficult for them not to be influenced by such news. This, too, should be avoided because a half-truth can be more dangerous than a total lie. The media should avoid giving any slant to news, and avoid sensationalism and yellow journalism. Only then will they gain the respect of the people and fulfill their true role in a democracy.
The British law is that when a case is sub judice, no comment can be made on it, whereas U.S. law permits such comment. In India we may have to take an intermediate view on this issue: while on the one hand we have a written Constitution that guarantees freedom of speech in Article 19(1)(a) - which the unwritten British Constitution does not - the life and liberty of a citizen is a fundamental right guaranteed by Article 21 and should not lightly be jeopardised. Hence, a balanced view has to be taken on this.
Therefore, the media have a great responsibility also to see that the news they present is accurate and serve the interest of the people. If the media convey false news that may harm the reputation of a person or a section of society, it may do great damage since reputation is a valuable asset for a person. Even if the media subsequently correct a statement, the damage done may be irreparable. Hence, the media should take care to carefully investigate any news item before reporting it.

Q. Suppose a Supreme Court Judge, Justice Mike, sues Future Now for mistakenly displaying his photograph in a report about a person (with a phonetically similar sounding name) allegedly involved in the multi-crore Provident Fund scam. If the channel had apologized for the mistake and had run an apology, Can it still be made liable for a defamation suit in India?

Passage - 4

For a proper functioning of democracy it is essential that citizens are kept informed about news from various parts of the country and even abroad, because only then can they form rational opinions. A citizen surely cannot be expected personally to gather news to enable him or her to form such opinions. Hence, the media play an important role in a democracy and serve as an agency of the people to gather news for them. It is for this reason that freedom of the press has been emphasised in all democratic countries, while it was not permitted in feudal or totalitarian regimes.
In India, the media have played a historical role in providing information to the people about social and economic evils. Also, sometimes the media present twisted or distorted news that may contain an element of truth but also an element of untruth.
Recently, Media comments on pending cases, especially on criminal cases where the life or liberty of a citizen is involved, are a delicate issue and should be carefully considered. After all, judges are human beings too, and sometimes it may be difficult for them not to be influenced by such news. This, too, should be avoided because a half-truth can be more dangerous than a total lie. The media should avoid giving any slant to news, and avoid sensationalism and yellow journalism. Only then will they gain the respect of the people and fulfill their true role in a democracy.
The British law is that when a case is sub judice, no comment can be made on it, whereas U.S. law permits such comment. In India we may have to take an intermediate view on this issue: while on the one hand we have a written Constitution that guarantees freedom of speech in Article 19(1)(a) - which the unwritten British Constitution does not - the life and liberty of a citizen is a fundamental right guaranteed by Article 21 and should not lightly be jeopardised. Hence, a balanced view has to be taken on this.
Therefore, the media have a great responsibility also to see that the news they present is accurate and serve the interest of the people. If the media convey false news that may harm the reputation of a person or a section of society, it may do great damage since reputation is a valuable asset for a person. Even if the media subsequently correct a statement, the damage done may be irreparable. Hence, the media should take care to carefully investigate any news item before reporting it.

Q. Article 19(1) (a) talks about freedom of Speech and Expression and Article 21 talks about life and personal liberty of a person and in case of conflict between Article 19 (1)(a) and Article 21, which one will be taken into consideration.

Passage - 5

In India the Food Safety and Standards Authority of India (FSSAI) is the apex food regulator. It is empowered by and functions under the Ministry of Health and Family Welfare, Government of India. The FSSAI implements and enforces food regulations as prescribed in the Food Safety and Standards Act, 2006 (FSS Act). The FSS Act is an Act of Parliament, popularly known as the Food Act. Previous to the FSS Act there were a number of food legislations. All these have been consolidated into a homogenous whole in the FSS Act. The regulations of the FSS Act became effective in 2011 with FSSAI as its regulatory body. Though the Act continues to evolve it needs to be further harmonized with standards of international agencies for global parity.
New Draft Regulations have been formulated by FSSAI. Of special interest is Section 22 of the FSS Act, which deals with "Nutraceuticals, Functional Foods, Novel Foods and Health Supplements." For the first time regulations have been proposed for this category of foods. If these products propound nutritional or medicinal benefits they need to have sound scientific evidence. The products must not contain either steroids or psychotropic drugs. Ingredients like vitamins and minerals must conform to the recommended dietary allowances for Indians, as proposed by the Indian Council of Medical Research.
Organic and Traditional foods also do not require product approval as they are being consumed for centuries in India. The ingredients and preparation methods are well known and this guarantees their safety. If, however, traditional and organic foods use any new ingredients or food additive or new technologies in preparation, they need product approval.
Foods Imported into India have to follow the FSS Act, Rules & Regulations If the food articles are standardized, the importer only needs a FSSAI license to import them. The importer also needs to comply with FSSAI regulations for sale and distribution of the food products.
The existing process of product approval for the food articles governed under Section 22 of the FSS Act has been discontinued as updated on August 26, 2015 by FSSAI in response to the ruling by Honorable Supreme Court of India. The regulations on such food products are expected soon and the product approval may be reintroduced through a regulation.
These are exciting times for food safety regulations in India. The recent proposals mentioned in the new Draft Regulations will soon be finalized to become the new Food Safety and Standards Regulations, 2015. They will provide new directives in areas such as nutraceuticals and health supplements, which is the need of the hour as these are becoming popular food categories. Standardization for thousands of foods is on the anvil. Food business operators are certainly anticipating some positive changes in food regulations, which could ease product approval process and food operations.
A harmonization of Indian food standards with global standards is a step in the right direction.

Q. Which one of the following is the most important implication of the above passage?

Passage - 5

In India the Food Safety and Standards Authority of India (FSSAI) is the apex food regulator. It is empowered by and functions under the Ministry of Health and Family Welfare, Government of India. The FSSAI implements and enforces food regulations as prescribed in the Food Safety and Standards Act, 2006 (FSS Act). The FSS Act is an Act of Parliament, popularly known as the Food Act. Previous to the FSS Act there were a number of food legislations. All these have been consolidated into a homogenous whole in the FSS Act. The regulations of the FSS Act became effective in 2011 with FSSAI as its regulatory body. Though the Act continues to evolve it needs to be further harmonized with standards of international agencies for global parity.
New Draft Regulations have been formulated by FSSAI. Of special interest is Section 22 of the FSS Act, which deals with "Nutraceuticals, Functional Foods, Novel Foods and Health Supplements." For the first time regulations have been proposed for this category of foods. If these products propound nutritional or medicinal benefits they need to have sound scientific evidence. The products must not contain either steroids or psychotropic drugs. Ingredients like vitamins and minerals must conform to the recommended dietary allowances for Indians, as proposed by the Indian Council of Medical Research.
Organic and Traditional foods also do not require product approval as they are being consumed for centuries in India. The ingredients and preparation methods are well known and this guarantees their safety. If, however, traditional and organic foods use any new ingredients or food additive or new technologies in preparation, they need product approval.
Foods Imported into India have to follow the FSS Act, Rules & Regulations If the food articles are standardized, the importer only needs a FSSAI license to import them. The importer also needs to comply with FSSAI regulations for sale and distribution of the food products.
The existing process of product approval for the food articles governed under Section 22 of the FSS Act has been discontinued as updated on August 26, 2015 by FSSAI in response to the ruling by Honorable Supreme Court of India. The regulations on such food products are expected soon and the product approval may be reintroduced through a regulation.
These are exciting times for food safety regulations in India. The recent proposals mentioned in the new Draft Regulations will soon be finalized to become the new Food Safety and Standards Regulations, 2015. They will provide new directives in areas such as nutraceuticals and health supplements, which is the need of the hour as these are becoming popular food categories. Standardization for thousands of foods is on the anvil. Food business operators are certainly anticipating some positive changes in food regulations, which could ease product approval process and food operations.
A harmonization of Indian food standards with global standards is a step in the right direction.

Q. Suppose a food supplement is launched in the market claiming a breakthrough in the food habits and dietary pattern of a population suffering from stunting and wasting. So as per the passage what is the first requirement that a food supplement company has to fulfill?

Passage - 5

In India the Food Safety and Standards Authority of India (FSSAI) is the apex food regulator. It is empowered by and functions under the Ministry of Health and Family Welfare, Government of India. The FSSAI implements and enforces food regulations as prescribed in the Food Safety and Standards Act, 2006 (FSS Act). The FSS Act is an Act of Parliament, popularly known as the Food Act. Previous to the FSS Act there were a number of food legislations. All these have been consolidated into a homogenous whole in the FSS Act. The regulations of the FSS Act became effective in 2011 with FSSAI as its regulatory body. Though the Act continues to evolve it needs to be further harmonized with standards of international agencies for global parity.
New Draft Regulations have been formulated by FSSAI. Of special interest is Section 22 of the FSS Act, which deals with "Nutraceuticals, Functional Foods, Novel Foods and Health Supplements." For the first time regulations have been proposed for this category of foods. If these products propound nutritional or medicinal benefits they need to have sound scientific evidence. The products must not contain either steroids or psychotropic drugs. Ingredients like vitamins and minerals must conform to the recommended dietary allowances for Indians, as proposed by the Indian Council of Medical Research.
Organic and Traditional foods also do not require product approval as they are being consumed for centuries in India. The ingredients and preparation methods are well known and this guarantees their safety. If, however, traditional and organic foods use any new ingredients or food additive or new technologies in preparation, they need product approval.
Foods Imported into India have to follow the FSS Act, Rules & Regulations If the food articles are standardized, the importer only needs a FSSAI license to import them. The importer also needs to comply with FSSAI regulations for sale and distribution of the food products.
The existing process of product approval for the food articles governed under Section 22 of the FSS Act has been discontinued as updated on August 26, 2015 by FSSAI in response to the ruling by Honorable Supreme Court of India. The regulations on such food products are expected soon and the product approval may be reintroduced through a regulation.
These are exciting times for food safety regulations in India. The recent proposals mentioned in the new Draft Regulations will soon be finalized to become the new Food Safety and Standards Regulations, 2015. They will provide new directives in areas such as nutraceuticals and health supplements, which is the need of the hour as these are becoming popular food categories. Standardization for thousands of foods is on the anvil. Food business operators are certainly anticipating some positive changes in food regulations, which could ease product approval process and food operations.
A harmonization of Indian food standards with global standards is a step in the right direction.

Q. Axon a food marketing corporate giant specialized in the traditional and organic products. It has captured 73% of the share in this sector across the globe. Recently in the Axon Lab a research breakthrough occurred by mixing traditional food with a newly discovered molecular formula. The new product has become a new attraction amongst the athletes due to its energy enhancement outcomes. According to the passage does Axon has to apply for an approval?

Passage - 5

In India the Food Safety and Standards Authority of India (FSSAI) is the apex food regulator. It is empowered by and functions under the Ministry of Health and Family Welfare, Government of India. The FSSAI implements and enforces food regulations as prescribed in the Food Safety and Standards Act, 2006 (FSS Act). The FSS Act is an Act of Parliament, popularly known as the Food Act. Previous to the FSS Act there were a number of food legislations. All these have been consolidated into a homogenous whole in the FSS Act. The regulations of the FSS Act became effective in 2011 with FSSAI as its regulatory body. Though the Act continues to evolve it needs to be further harmonized with standards of international agencies for global parity.
New Draft Regulations have been formulated by FSSAI. Of special interest is Section 22 of the FSS Act, which deals with "Nutraceuticals, Functional Foods, Novel Foods and Health Supplements." For the first time regulations have been proposed for this category of foods. If these products propound nutritional or medicinal benefits they need to have sound scientific evidence. The products must not contain either steroids or psychotropic drugs. Ingredients like vitamins and minerals must conform to the recommended dietary allowances for Indians, as proposed by the Indian Council of Medical Research.
Organic and Traditional foods also do not require product approval as they are being consumed for centuries in India. The ingredients and preparation methods are well known and this guarantees their safety. If, however, traditional and organic foods use any new ingredients or food additive or new technologies in preparation, they need product approval.
Foods Imported into India have to follow the FSS Act, Rules & Regulations If the food articles are standardized, the importer only needs a FSSAI license to import them. The importer also needs to comply with FSSAI regulations for sale and distribution of the food products.
The existing process of product approval for the food articles governed under Section 22 of the FSS Act has been discontinued as updated on August 26, 2015 by FSSAI in response to the ruling by Honorable Supreme Court of India. The regulations on such food products are expected soon and the product approval may be reintroduced through a regulation.
These are exciting times for food safety regulations in India. The recent proposals mentioned in the new Draft Regulations will soon be finalized to become the new Food Safety and Standards Regulations, 2015. They will provide new directives in areas such as nutraceuticals and health supplements, which is the need of the hour as these are becoming popular food categories. Standardization for thousands of foods is on the anvil. Food business operators are certainly anticipating some positive changes in food regulations, which could ease product approval process and food operations.
A harmonization of Indian food standards with global standards is a step in the right direction.

Q. How the de-operationalised Section 22 of the FSS Act by the Honorable Supreme Court of India be revived?

Passage - 6

It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal
with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.
Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1 )(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.

Q. Every person is entitled to freedom of conscience and the right to freely profess, practice and propagate any religion. Activities that are not an essential part of religion can be reasonably restricted. In a recent study conducted by the Ministry of Health, it was found that air pollution level rises by 450% on the day immediately after Diwali causing increased risk of lung cancer and respiratory disorders. Government of Delhi decided to issue a ban on use of crackers on Diwali eve after 8 pm to cut down pollution level. An NGO named United India challenged this ban as violation of fundamental right to freely practice religion. Decide.

Passage - 6

It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal
with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.
Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1 )(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.

Q. No person of any age shall be deprived of his life or personal liberty except according to procedure established by law. Right to life includes right to clean environment. Delhi is world's highest polluted city. Delhi government's new fleet of diesel buses exacerbated the situation. Prachi, aged 16 years, an aspirant appearing for CLAT filed a writ petition against Delhi government for violation of her fundamental right to life. Decide.

Passage - 6

It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal
with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.
Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1 )(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.

Q. No person shall be deprived of life or personal liberty, except in accordance with procedure established by law. Procedure established by law includes only such statutes and law which may be enacted by the state only. Right to life includes the right to a wholesome environment. The Health Ministry decided to impose a ban on smoking in public places, especially since it was reported that a large number of youngsters were taking up this habit. The Free Living Association protested against the move of the Government on the ground that this was an infringement on the right to life and personal liberty of individuals. Can their challenge be accepted?

Passage - 6

It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal
with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.
Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1 )(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.

Q. The right to life and liberty includes the right to a clean and free environment. The 'polluter pays principle' states that whoever is responsible for damage to the environment should bear the costs associated with it. Carbonator was a multi-national corporation that had set up one of its factories in Surat. They released voluminous effluents into the river that flowed near the factory without employing any methods to filter them. P.C.Gupta was a conscientious citizen who filed a PIL against them asking them to employ some filtration methods so that the river would not be polluted to such a great extent. The corporation opted instead for the 'polluter pays' way of compensation. The petitioner challenged their option in Court asking for a motion to compel the corporation to adopt the filtration method instead. Can he do so?

Passage - 6

It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal
with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.
Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1 )(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.

Q. Whoever causes an unreasonable interference with someone's use or enjoyment of land thereby causing damage is said to have committed the tort of nuisance. Mr. Raman owns a building where he rents out rooms to tenants. Mr. Raman's building lies adjacent to a cotton mill. The noise and smoke emanating from the mill is proving problematic for Mr. Raman as his tenants keep steadily vacating the apartments in the building. It is also becoming increasingly difficult for him to find new tenants who are willing to reside next to such a noisy cotton mill. Aggrieved by his dwindling profits, Mr. Raman has filed a case against the mill owners for nuisance. Decide.

Passage - 6

It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal
with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.
Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1 )(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.

Q. Every citizen of India has a fundamental right to carry on any trade or business or profession of his choice subject to the imposition of reasonable restrictions by the State. The government of Rajasthan concerned with the high rise of pollution in the city of Jaipur banned all those four wheeler vehicles in the city that do not conform to pollution norms laid down by the Ministry of Environment. Rathore Motor Corp., a distributor of four wheeler cars in Jaipur, challenged this ban as violative of its fundamental right to trade and profession. Is the state action valid? Decide.

Passage - 6

It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal
with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.
Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1 )(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.

Q. Astronauts have left behind spanners, cameras and plastic bags full of excrement in space. Russian nuclear- powered spy craft, 'parked' at high orbits, has begun to leak irradiated fuel. The cost for armourplating the International Space Station, against manmade garbage which is travelling faster than any bullet, has added at least five billion dollars to its bill. Not content with contaminating the Earth, the military-industrial combine now seems to be hellbent on polluting the space too, with the result that we may ultimately create a Jupiter-like artificial ring, made of trash, around our planet. Each of the following, if true, weakens the inference presented above EXCEPT:

Passage - 6

It is a fact that air and noise pollution in Delhi and NCR is increasing day-by-day. The measures for abatement of pollution are taken under the provisions of Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment (Protection) Act, 1986 and rules made thereunder. Noise pollution is regulated under Noise Pollution (Regulation and Control) Rules, 2000 notified under Environment (Protection) Act, 1986. The legal framework provided by above rules is adequate to deal
with the problem of pollution and allows for revision of norms related to noise, emission or effluent to bring about a stricter regime.
Government has taken several other steps to address the issue of pollution which inter alia, include notification of National Ambient Air Quality Standards; setting up of monitoring network for assessment of ambient air quality; introduction of cleaner / alternate fuels like gaseous fuel (CNG, LPG etc.), ethanol blending, launching of National Air Quality index; universalization of BS-IV by 2017; leapfrogging from BS-IV to BS-VI fuel standards by 1st April, 2020; notification of Construction and Demolition Waste Management Rules; banning of burning of biomass; promotion of public transport network; Pollution Under Control Certificate; issuance of directions under Section 18(1 )(b) of Air (Prevention and Control of Pollution) Act, 1981 comprising of action points to counter air pollution in major cities include control and mitigation measures related to vehicular emissions, re-suspension of road dust and other fugitive emissions, bio-mass/ municipal solid waste burning, industrial pollution, construction and demolition activities, and other general steps; installation of on-line continuous (24x7) monitoring devices by major industries; collection of Environmental Protection Charge on more than 2000 CC diesel vehicles; ban on bursting of sound emitting crackers between 10 PM to 6 AM; wide publicity on the ill effects of firecrackers and awareness programme among students and public at large to avoid bursting of fire-crackers; advisories for noise monitoring on the occasion of Deepawali; notification of graded response action plan for Delhi and NCR etc.

Q. Greenhouse gas emissions are considered a form of pollution because they cause potential harm and damage through impacts on the climate. However, in this case, because society has been slow to recognise the link between greenhouse gases and climate change, and because the atmosphere is considered by some to be a 'global commons' (that everyone shares and has a right to use), emitters are generally not held responsible for controlling this form of pollution. Which of the following statements best summarises the inference above?