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Test: Abolishment of Section 497: Leaving Subservience Behind - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: Abolishment of Section 497: Leaving Subservience Behind

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Test: Abolishment of Section 497: Leaving Subservience Behind - Question 1
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In the legal ruling declaring Section 497 unconstitutional, which Articles of the Indian Constitution were cited as being violated?

Detailed Solution for Test: Abolishment of Section 497: Leaving Subservience Behind - Question 1
The legal ruling declaring Section 497 unconstitutional cited violations of Articles 14, 15, and 21 of the Indian Constitution. This emphasizes the importance of gender equality and the protection of fundamental rights as enshrined in the Constitution.
Test: Abolishment of Section 497: Leaving Subservience Behind - Question 2
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What was the main criticism of the now-defunct Section 497 of the Indian Penal Code?

Detailed Solution for Test: Abolishment of Section 497: Leaving Subservience Behind - Question 2
The main criticism of the now-defunct Section 497 of the Indian Penal Code was that it disregarded women's autonomy. This provision was seen as discriminatory and unjust because it portrayed women as possessions of their husbands rather than individuals with their own agency and rights.
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Test: Abolishment of Section 497: Leaving Subservience Behind - Question 3
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What was the historical perception of women under Section 497 before the recent judgment?

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Historically, under Section 497, women were viewed as property. This perception treated women as possessions of their husbands, reinforcing outdated and discriminatory notions. The recent judgment challenges this view by recognizing women as individuals with agency and rights, marking a significant shift towards gender equality.
Test: Abolishment of Section 497: Leaving Subservience Behind - Question 4
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How does the recent adultery judgment contribute to the ongoing revolution for gender equality?
Detailed Solution for Test: Abolishment of Section 497: Leaving Subservience Behind - Question 4
The recent adultery judgment plays a key role in advancing gender equality by empowering women. It sets a precedent for legal reforms that promote women's rights and autonomy, moving away from laws that undermine their integrity and perpetuate gender-based discrimination.
Test: Abolishment of Section 497: Leaving Subservience Behind - Question 5
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What is one significant change brought about by the abolishment of Section 497 concerning adultery laws in India?
Detailed Solution for Test: Abolishment of Section 497: Leaving Subservience Behind - Question 5
The abolishment of Section 497 in India marks a shift towards emphasizing accountability without punishment in cases of adultery. This change acknowledges the agency of women and ensures that both parties involved can be held accountable for their actions without facing punitive measures, thereby promoting a more balanced approach to addressing adultery in society.
Test: Abolishment of Section 497: Leaving Subservience Behind - Question 6
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In which historical period in England did adultery transition from being grounds for divorce to becoming a capital offense before being decriminalized?
Detailed Solution for Test: Abolishment of Section 497: Leaving Subservience Behind - Question 6
Adultery in England underwent significant legal changes during Cromwell's rule in the 17th century. Initially grounds for divorce, adultery later became a capital offense. However, this harsh stance was eventually reversed when King Charles II restored the monarchy, leading to the decriminalization of adultery in England.
Test: Abolishment of Section 497: Leaving Subservience Behind - Question 7
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What punishment does Islamic law prescribe for both the adulteress and the adulterer according to the Quran?
Detailed Solution for Test: Abolishment of Section 497: Leaving Subservience Behind - Question 7
According to Islamic law as outlined in the Quran, both the adulteress and the adulterer are to be punished with a hundred stripes. This punishment serves as a form of retribution and a deterrent against committing adultery, highlighting the importance of upholding moral standards and obedience to the teachings of Islam in matters of personal conduct.
Test: Abolishment of Section 497: Leaving Subservience Behind - Question 8
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What significant legal change occurred post the enactment of the 'Hindu Code' around 1955-1956 regarding adultery in India?
Detailed Solution for Test: Abolishment of Section 497: Leaving Subservience Behind - Question 8
Post the enactment of the 'Hindu Code' around 1955-1956, a significant change was introduced where adultery was recognized as a valid ground for divorce in Hindu law. This legal reform marked a shift in the treatment of adultery within Hindu marriages, establishing it as a legal basis for seeking a divorce in such relationships.
Test: Abolishment of Section 497: Leaving Subservience Behind - Question 9
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In the Yusuf Aziz v. State of Bombay case in 1951, what fundamental right was argued to be violated by the adultery law in India?
Detailed Solution for Test: Abolishment of Section 497: Leaving Subservience Behind - Question 9
In the Yusuf Aziz v. State of Bombay case in 1951, it was argued that the adultery law in India violated the fundamental right of equality guaranteed under the Indian constitution. The petitioner contended that the law discriminated against men and provided women with a perceived license to commit adultery. Despite this argument, the Supreme Court upheld the validity of section 497 of the adultery law in 1954.
Test: Abolishment of Section 497: Leaving Subservience Behind - Question 10
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What was the outcome of the Supreme Court ruling in the Yusuf Aziz v. State of Bombay case in 1954 regarding the adultery law in India?
Detailed Solution for Test: Abolishment of Section 497: Leaving Subservience Behind - Question 10
In the Supreme Court ruling of the Yusuf Aziz v. State of Bombay case in 1954, the court upheld the validity of section 497 of the adultery law. The court's decision emphasized that the provision did not grant women a license to commit adultery and that making a special provision for women was deemed constitutionally permissible. This ruling maintained the existing legal framework surrounding adultery in India at that time.
Test: Abolishment of Section 497: Leaving Subservience Behind - Question 11
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Which key aspect did the Supreme Court emphasize in the judgment of V Revathy v. Union of India, 1988, regarding the inclusion of women in adultery cases?
Detailed Solution for Test: Abolishment of Section 497: Leaving Subservience Behind - Question 11
In the judgment of V Revathy v. Union of India, 1988, the Supreme Court emphasized the importance of protecting the sanctity of marriage by excluding women from adultery laws. The court viewed the law as a shield rather than a sword, aiming to preserve marital sanctity by limiting the scope of Section 497 to men. This ruling reflected the court's stance on the societal implications and the role of adultery laws in maintaining marriage integrity.
Test: Abolishment of Section 497: Leaving Subservience Behind - Question 12
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What was the central argument presented in Joseph Shine v. Union of India, 2018, and how did the Supreme Court respond to this case?
Detailed Solution for Test: Abolishment of Section 497: Leaving Subservience Behind - Question 12
In Joseph Shine v. Union of India, 2018, the central argument revolved around challenging the discriminatory nature of Section 497 of the Indian Penal Code, which perpetuated the outdated notion of women being considered the property of men. The Supreme Court responded by overturning previous rulings, highlighting the need for legal reform to address such discriminatory practices. This case marked a significant shift in the interpretation of adultery laws in India, emphasizing gender equality and individual rights within marital relationships.
Test: Abolishment of Section 497: Leaving Subservience Behind - Question 13
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In the context of the judgments provided, what was one of the arguments made against retaining Section 497 regarding the sanctity of marriage?
Detailed Solution for Test: Abolishment of Section 497: Leaving Subservience Behind - Question 13
Critics argued that retaining Section 497 is crucial as abolishing it could undermine the foundational principles of marriage, weakening its sanctity. However, the court challenged this argument by questioning the sanctity of a marriage where a husband can permit his wife to engage in extramarital relations, highlighting the complexities within marital relationships.
Test: Abolishment of Section 497: Leaving Subservience Behind - Question 14
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What did the court suggest about the relationship between adultery and unhappy marriages in the judgments discussed?
Detailed Solution for Test: Abolishment of Section 497: Leaving Subservience Behind - Question 14
The court suggested that adultery may not necessarily be the cause but rather a consequence of an unhappy marriage. This observation sheds light on the complexities within relationships, indicating that factors beyond adultery can contribute to the unhappiness within marriages.
Test: Abolishment of Section 497: Leaving Subservience Behind - Question 15
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What is a key recommendation made by both the Law Commission Report of 1971 and the Malimath Committee of 2003 regarding section 497 of the Indian Penal Code?
Detailed Solution for Test: Abolishment of Section 497: Leaving Subservience Behind - Question 15
Both the Law Commission Report of 1971 and the Malimath Committee of 2003 recommended making section 497 of the Indian Penal Code gender-neutral. This recommendation was aimed at emphasizing equality in matters concerning adultery, moving towards a more balanced legal framework. Gender neutrality in laws helps in promoting fairness and equal treatment under the legal system.
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