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Human Rights in India Test 32

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Human Rights in India Test 32
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Weekly Quiz Competition
  • Question 1
    1 / -0
    Choose the most appropriate option.
    Which among the following does not belong to the 'right to freedom of religion'?
    Solution
    Right to freedom of religion doesn't belongs to freedom of speech and expression.
    One of the fundamental rights ensured by the constitution likewise incorporates right to opportunity of religion. India is a secualr country and in this manner each resident dwelling inside the region of India has the privilege to follow the religion of their choice.
    This privilege fundamentally entitles each Indian resident and gives him the freedom to reside towards his preferred religion.
  • Question 2
    1 / -0

    Directions For Questions

    In Govind v. State of Madhya Pradesh, the constitutionality of the Madhya Pradesh Police Regulations was challenged on the grounds that police visits to a suspect’s home (domiciliary visits), monitoring of a suspect’s movements, and home picketing were a violation of the fundamental right to free movement under Article 19(1)(d) of the Constitution, and the right to life and personal liberty under Article 21. Govind was a convicted criminal who had been marked for surveillance simply because of his criminal record.
    The Supreme Court ruled in that case that mere conviction in a criminal case does not warrant any form of surveillance where there is nothing else that gravely imperils public safety. Domiciliary visits and picketing by the police can only take place where there is a clear case of danger to security. These should not be conducted in cases of routine follow-up after conviction or at the whim of a police officer.

    ...view full instructions

    Mangesh lives in Bangalore, and has been arrested a few times in the past for petty offences like pickpocketing. He claims to have changed his ways, and now runs a small trading business. He was visiting Mumbai recently on work, and while he was in Mumbai, the police followed him around the city, to ensure he did not commit any crimes while in the city. Would Mangesh succeed if he filed a case claiming the Mumbai police violated his fundamental rights?
    Solution
    The correct answer is (a) - yes, since his actions did not pose a threat to public safety. The Supreme Court, we are told, ruled in Govind’s case that “mere conviction in a criminal case does not warrant surveillance where there is nothing else that gravely imperils public safety”. 
    Since there is nothing to indicate that Mangesh’s actions imperilled public safety in any manner, his surveillance by the police violates his fundamental rights. Given this, option (c) cannot be the correct answer. 
    There is nothing in the facts provided to support option (b) and so, (b) cannot be the correct answer. 
    While the police may not have conducted domiciliary visits, they did monitor his movements and conduct surveillance on him, and so, option (d) cannot be the correct answer.
  • Question 3
    1 / -0
    __________has made the government more transparent.
    Solution
    Option (C). Right to Information has made the government more transparent.
  • Question 4
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    Four alternatives are given for each of the following questions / incomplete statements. Only one of them is correct or most appropriate. Choose the correct alternative and write the complete answer along with its letter of alphabet.
    U. N. 0. adopted the Human Rights Declaration in the year
    Solution
    The Universal Declaration of Human Rights is considered as a major event in the world history. The Human Rights Declaration prepared by the experts agreed upon by member countries was adopted in the UN general body meeting on December 10, 1948.
  • Question 5
    1 / -0
    The Indian Constitution guarantees the rights of minorities against the majority.
    According to Dr. B.R.Ambedkar, these Fundamental Rights have two fold
    objectives ________
    Solution
    The Indian Constitution guarantees the rights of minorities against the majority. According to Dr. B.R.Ambedkar, these Fundamental Rights have two-fold objectives of -a) That every citizen must be in a position to claim those rights; b) These rights must be binding upon every authority that has got the power to make laws.
  • Question 6
    1 / -0

    Directions For Questions

    In Govind v. State of Madhya Pradesh, the constitutionality of the Madhya Pradesh Police Regulations was challenged on the grounds that police visits to a suspect’s home (domiciliary visits), monitoring of a suspect’s movements, and home picketing were a violation of the fundamental right to free movement under Article 19(1)(d) of the Constitution, and the right to life and personal liberty under Article 21. Govind was a convicted criminal who had been marked for surveillance simply because of his criminal record.
    The Supreme Court ruled in that case that mere conviction in a criminal case does not warrant any form of surveillance where there is nothing else that gravely imperils public safety. Domiciliary visits and picketing by the police can only take place where there is a clear case of danger to security. These should not be conducted in cases of routine follow-up after conviction or at the whim of a police officer.

    ...view full instructions

    Rita is a member of a religious organisation that has often been involved in communal riots in the past. Rita herself had been suspected of inciting such riots in the past, but has never been convicted. The day before the Supreme Court was to pronounce its judgment on a very important case involving religious issues, Rita made a public statement to the effect that she and her organisation would burn the city to the ground if the decision was not rendered in favour of the parties from their religion. The night before the Supreme Court decision, the police station two constables outside her home; these constables are replaced in shifts, and the police remain outside her home for the entire day of the Supreme Court pronouncement. Rita claims the police have violated her fundamental rights. Will she succeed?
    Solution
    The correct answer is (c) – no, since her statements showed there was a possibility of a threat to public safety and security. Threatening to burn the city down clearly constitutes a threat to public safety and security, and the police were therefore justified in picketing Rita’s house. 
    While option (a) may be true, it does not answer the question completely, and therefore cannot be the correct answer. 
    The statement in option (b) may be true, but it does not address the threat to public safety in the light of Rita’s statements, and so, cannot be the correct answer. 
    Since the picketing took place because of this threat posed by Rita’s statements, the statement in option (d) is irrelevant, and so, (d) cannot be the correct answer.
  • Question 7
    1 / -0

    Directions For Questions

    In Govind v. State of Madhya Pradesh, the constitutionality of the Madhya Pradesh Police Regulations was challenged on the grounds that police visits to a suspect’s home (domiciliary visits), monitoring of a suspect’s movements, and home picketing were a violation of the fundamental right to free movement under Article 19(1)(d) of the Constitution, and the right to life and personal liberty under Article 21. Govind was a convicted criminal who had been marked for surveillance simply because of his criminal record.
    The Supreme Court ruled in that case that mere conviction in a criminal case does not warrant any form of surveillance where there is nothing else that gravely imperils public safety. Domiciliary visits and picketing by the police can only take place where there is a clear case of danger to security. These should not be conducted in cases of routine follow-up after conviction or at the whim of a police officer.

    ...view full instructions

    Munir discovers that the police have been tapping his phone, and listening to all his conversations for the past year. He challenges the polices actions, and claims that they have violated his fundamental rights. The police claim that Munir is a known criminal, and that the Govind case did not cover phone-tapping, but only picketing and domiciliary visits. Will the police succeed?
    Solution
    The correct answer is (b) – no, since phone-tapping would constitute surveillance. Since there is nothing in the facts to indicate that Munir was likely to threaten the public safety or security, surveillance – which may be done through phone-tapping – violates Munir’s fundamental rights. 
    There is nothing in the passage to support options (a) or (d), and so, neither (a) nor (d) can be the correct answer. 
    While Munir may have been a criminal, in the absence of a threat to public safety and security, surveillance on Munir through phone-tapping cannot be justified. Since the Govind case addresses surveillance generally, the fact that it did not address phone-tapping specifically is of no consequence. Therefore, (c) cannot be the correct answer.
  • Question 8
    1 / -0
    Which of following duties have been included by Austin in the category of absolute duties _______.
    1. Duties owned to persons indefinitely
    2. Self regarding duties
    3. Duties owed to the sovereign
    4. Duties owed to theparents
    Select the correct answer using the codes given below.
  • Question 9
    1 / -0

    Directions For Questions

    The population of a state is divided into two categories: citizens and non-citizens. A citizen of a state enjoys all civil and political rights. A non-citizen, on the other hand, doesn’t enjoy all these rights. 
    Under the Indian Constitution, certain fundamental rights are available only to citizens, namely: Right against discrimination on the grounds of religion, race, caste, sex or place of birth (Article 15); right to equality of opportunity in matters of public employment (Article 16); freedom of speech and expression, assembly, association, movement, residence and profession (Article 19); cultural and educational rights (Articles 29 and 30); and the right to vote and become members of the union and state legislatures.
    Several offices can also be occupied exclusively by citizens: president (Article 58(1)(a)), vice-president (Article 66(2)), judges of the Supreme Court (Article 124(3)) and high courts (Article 217(2)), governor of a state (Article 157), attorney general (Article 76(1)) and advocate general (Article 165).

    Equality before the law or equal protection of the laws within the territory of India (Article 14) and protection of life or personal liberty (Article 21) are applicable to non-citizens as well. 

    The Indian Constitution doesn’t prescribe a permanent provision relating to citizenship in India. It simply describes categories of persons who are deemed to be citizens of India on the day the Indian Constitution was promulgated on January 26, 1950, and leaves citizenship to be regulated by law made by Parliament. Article 11 of the Constitution confers power on Parliament to make laws regarding citizenship. The Indian Citizenship Act, 1955 was enacted in the exercise of this provision.

    By the Citizenship Amendment Act, 2003, Section 3 of the Indian Citizenship Act, 1955 was amended to provide that persons born after December 3, 2004, would be deemed to be citizens of India if both their parents are Indian citizens, or one of their parents is a citizen of India and the other is not an illegal migrant, at the time of the person’s birth.

    “Illegal migrant” under the Indian Citizenship Act, 1955 means a foreigner who has entered India: without a valid passport or travel documents; or with a valid passport or travel documents but remained in the country beyond the permitted period of time. 

    If the Central Government is of the opinion that an applicant is a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally, it may, under Section 6, waive all or any conditions specified to attain Indian citizenship. 

    ...view full instructions

    A historical monument situated in India is maintained by the Government. The monument is also a Hindu place of worship and is visited by several thousand Hindu worshippers every day, who pray at the monument. The Government passes a rule making it compulsory for all visitors who are not Indian citizens to pay a fee of Rs. 500/- for each visit to the monument. A foreign citizen who is also a Hindu and regularly visits the monument, challenges this rule on the grounds that it is violative of their right under Article 15. Will this challenge succeed?
    Solution
    The author mentions in the second paragraph of the passage that the fundamental rights under Article 15 are only available to citizens. However, the person posing the challenge in the question is a foreign citizen. Since this right is not available to non-Indian citizens, the challenge will fail. 
    Hence, B is the correct option.
  • Question 10
    1 / -0
    The National Human Rights Commission is the watchdog of human rights in the country, that is, the rights relating to life, liberty, equality and dignity of the individual guaranteed by the ____________.
    Solution
    NHRC is a statutory body constituted in 1993 under the Protection of Human Rights Act, 1993. It is responsible for the protection and promotion of human rights, defined by the Act as "rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants".It is an autonomous public body constituted on 12 October 1993.
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