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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Test: Case Brief: Independent Thought v. Union Of India & Anr. - Judiciary Exams MCQ

Test: Case Brief: Independent Thought v. Union Of India & Anr. - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: Case Brief: Independent Thought v. Union Of India & Anr.

Test: Case Brief: Independent Thought v. Union Of India & Anr. for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Test: Case Brief: Independent Thought v. Union Of India & Anr. questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Case Brief: Independent Thought v. Union Of India & Anr. MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Case Brief: Independent Thought v. Union Of India & Anr. below.
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Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 1
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According to the Indian Penal Code, how is rape defined?

Detailed Solution for Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 1
The Indian Penal Code defines rape as the disregard of a woman's consent for a man's pleasure. It is essential to understand that rape is a serious crime that violates an individual's fundamental rights and autonomy. This legal definition aims to protect individuals and uphold the principles of consent and respect in society.
Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 2
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What was the primary concern raised by Independent Thought, a Child Rights organization, regarding the rights of married minor girls?

Detailed Solution for Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 2
Independent Thought, a Child Rights organization, highlighted the rights violation of married minor girls, specifically focusing on the issue of their rights being infringed upon. This emphasizes the importance of protecting the rights and well-being of young girls who are married minors.
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Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 3
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What was the key legal provision that Exception 2 to Section 375 in the case of Independent Thought v. Union of India & Anr. allowed for?

Detailed Solution for Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 3
Exception 2 to Section 375 permitted non-consensual sex with a married minor girl aged 15-18. This legal provision raised debates surrounding the constitutionality of this exception under various articles, highlighting the complexities in balancing legal frameworks with the protection of minors' rights and well-being.
Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 4
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What main argument did the petitioner present regarding Exception 2 to Section 375 of the Indian Penal Code, concerning girls aged 15 to 18 years?
Detailed Solution for Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 4
The petitioner argued that Exception 2 to Section 375 of the Indian Penal Code creates significant legal barriers to safeguarding the bodily rights and integrity of girls aged 15 to 18. They contended that this exception turns non-consensual acts into severe offenses and lacks a justifiable link to the marital status of girls in that age group. This critique highlights the petitioner's concern about the legal obstacles posed by this provision, emphasizing the need for greater protection of affected girls.
Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 5
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According to the petitioner, what societal issues are exacerbated by the current penal provision concerning the age of consent in India?
Detailed Solution for Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 5
The petitioner highlighted how the current penal provision regarding the age of consent in India contributes to societal issues such as unwanted pregnancies, maternal mortality, and increased vulnerability to sexual violence among affected girls. By emphasizing these risks, the petitioner underscores the urgent need for legal reform to address the negative consequences of the existing legal framework on the well-being of girls aged 15 to 18 years.
Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 6
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According to the arguments presented by the petitioner's counsel, what significant legal obstacle did Exception 2 to Section 375 of the IPC create?
Detailed Solution for Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 6
The arguments presented by the petitioner's counsel emphasized that Exception 2 to Section 375 of the IPC created a significant legal obstacle by turning non-consensual acts into severe offenses within the institution of marriage. This legal provision was highlighted as lacking justifiable links to the marital status of girls in the age group of 15 to 18, raising concerns about the protection of bodily rights and integrity in this context.
Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 7
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According to the arguments presented, what was the rationale behind retaining the original age limit of 15 years instead of raising it to 16 years?
Detailed Solution for Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 7
The rationale behind retaining the original age limit of 15 years, as opposed to raising it to 16 years, was primarily influenced by traditional norms. This decision was made after extensive discussions, considering the socio-economic conditions and cultural practices prevalent in the society. It reflects the significance of societal norms in shaping legal provisions and policies related to early marriages.
Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 8
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What fundamental right did Justice Madan B. Lokur emphasize regarding the treatment of minor girls in the case of Independent Thought v. Union Of India & Anr.?
Detailed Solution for Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 8
Justice Madan B. Lokur emphasized the fundamental right to live with dignity in the case of Independent Thought v. Union Of India & Anr. This underscores the importance of considering a child as a child, irrespective of their marital status, to protect their rights and well-being.
Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 9
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Which article of the Indian Constitution addresses the discriminatory nature of Exception 2 to Section 375 (rape) based on girls' marital status?
Detailed Solution for Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 9
Article 14 of the Indian Constitution addresses the discriminatory nature of Exception 2 to Section 375 (rape), focusing on the unequal treatment of girls based on their marital status. This article ensures equality before the law and prohibits discrimination on various grounds, including gender and marital status.
Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 10
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Who among the justices involved in the case expressed concerns about child brides and criticized the low prosecution rates and annulments of marriages under the PCMA?
Detailed Solution for Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 10
Justice Deepak Gupta expressed concerns about child brides during the case proceedings. He raised issues regarding the prevalence of child brides, many of whom are below 15 years old and lack a proper understanding of marriage. Additionally, Justice Gupta criticized the low prosecution rates and annulments of marriages under the PCMA, highlighting the need to address these issues to protect the rights and well-being of minors.
Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 11
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What was the outcome of the Supreme Court's decree in the case of Independent thought v. Union of India and Another?
Detailed Solution for Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 11
The Supreme Court, in the case of Independent thought v. Union of India and Another, invalidated an Exception to the penal provision under scrutiny. This decision implies that the specific provision in question was deemed invalid or inapplicable based on the court's judgment. It highlights the significant role of the judiciary in interpreting and ensuring the constitutionality of laws and provisions.
Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 12
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Who bears the responsibility for removing the invalidated provision from the penal statute as per the Supreme Court's ruling?
Detailed Solution for Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 12
According to the Supreme Court's ruling in the case of Independent thought v. Union of India and Another, the responsibility for removing the invalidated provision from the penal statute lies solely with the Central Legislature. This underscores the separation of powers and the distinct roles of different branches of government in upholding the rule of law and implementing judicial decisions.
Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 13
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What was the pivotal role of the judgment in the case of Independent Thought v. Union of India?
Detailed Solution for Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 13
The judgment in the case of Independent Thought v. Union of India played a pivotal role in protecting the rights of the girl child. It addressed disparities in the Indian Penal Code and the Protection of Children from Sexual Offences Act, specifically related to child brides aged 15-18. By reading down the Exception in question, the judgment aimed to secure the rights of the girl child, combatting the practice of child marriage and subsequent exploitation. This legal development marked a significant milestone in curbing such practices and ensuring a more just and equitable society.
Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 14
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What was the stance of the Indian Government regarding the criminalization of child marital rape during the legal proceedings?
Detailed Solution for Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 14
During the legal proceedings, the Indian Government expressed concerns about the criminalization of child marital rape, arguing that it would infringe upon Indian traditions and negatively impact the institution of marriage. However, the Supreme Court condemned these regressive arguments, emphasizing the need for progress and equality within the institution of marriage. This stance reflects a commitment to preventing injustices and promoting a more just and equitable society, highlighting the court's role in advancing social justice.
Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 15
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What pivotal role did the judgment in the case of Independent Thought v. Union of India play in addressing legal ambiguities concerning the rights of the girl child?
Detailed Solution for Test: Case Brief: Independent Thought v. Union Of India & Anr. - Question 15
The judgment in the case of Independent Thought v. Union of India played a pivotal role in criminalizing child marital rape under the Indian Penal Code. This legal development marked a significant milestone in securing the rights of the girl child and aimed to curb the practice of child marriage and subsequent exploitation.
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