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Answer: True
Intersectionality in rights jurisprudence: (a) Concept: Disadvantages multiply across identities (caste + gender + disability + sexuality); rights protection must address compounded discrimination, (b) Judicial recognition: (i) Dalit women: Cases on sexual violence, land rights, access to justice, (ii) Transgender persons: NALSA judgment recognizing third gender, reservation, anti-discrimination, (iii) Disabled women: RPwD Act provisions for gender-specific needs, (c) Constitutional basis: Article 15(3) allows special provisions for women/children; Article 15(4)/(5) for SC/ST/OBC; interpreted together for intersectional protection, (d) Implementation challenges: Data disaggregation, targeted policies, institutional capacity. Illustrates evolving rights framework: from single-axis to multi-dimensional equality.
Answer: India selectively borrows comparative principles, adapting them to Indian constitutional text, social context, and transformative goals
Comparative constitutionalism in Indian rights jurisprudence: (a) Selective borrowing: (i) Privacy: Puttaswamy cited South Africa, Canada, EU; adapted to Indian federalism, diversity, (ii) Dignity: Navtej Singh Johar drew from South African Constitutional Court; applied to Indian social context of caste, gender, sexuality, (iii) Proportionality test: Adopted from German/Canadian law; calibrated for Indian rights framework, (b) Contextual adaptation: Indian jurisprudence addresses: (i) Caste-based discrimination, (ii) Religious pluralism, (iii) Socio-economic inequalities, (iv) Post-colonial state-building, (c) Transformative goals: Rights interpreted to advance Preamble values (justice, liberty, equality, fraternity) in Indian context. Illustrates dynamic constitutionalism: learning from global wisdom while rooted in indigenous needs.
Answer: locus standi
PIL evolution and rights expansion: (a) S.P. Gupta (1981): SC relaxed locus standi (personal injury requirement), allowing any citizen/public-spirited organization to file petition for enforcement of rights of persons unable to approach court due to poverty, ignorance, or social disadvantage, (b) Impact: Enabled courts to address: (i) Prison conditions (Hussainara Khatoon), (ii) Environmental degradation (MC Mehta cases), (iii) Bonded labour (Bandhua Mukti Morcha), (iv) Gender justice (Vishaka), (c) Safeguards: Courts developed filters to prevent frivolous PILs; focus on genuine public interest, marginalized groups. Transformed judicial role: from dispute resolution to social justice delivery; foundation for rights-based governance.
Answer: False
Socio-economic rights justiciability evolution: (a) Traditional view: DPSP non-justiciable (Article 37); only FRs enforceable, (b) Expansive interpretation: Courts read DPSP into FRs: (i) Right to food: PUCL case (mid-day meals, PDS reforms), (ii) Right to health: Paschim Banga case (emergency care), (iii) Right to education: Unnikrishnan case leading to Article 21A, (c) Mechanism: Article 21 (life with dignity) interpreted to include basic needs; Article 14 (equality) requires substantive access to rights, (d) Limits: Courts recognize resource constraints; direct progressive realization, not immediate guarantee. Illustrates judicial creativity: making socio-economic rights enforceable through constitutional interpretation while respecting separation of powers.
Answer: Constitution is a tool for social transformation to achieve substantive equality and dignity through judicial interpretation, legislative action, and executive implementation
Transformative constitutionalism in India: (a) Core idea: Constitution not just negative liberty (restraining state) but positive mandate to transform society towards justice, equality, dignity, (b) Mechanisms: (i) Judicial interpretation: Expanding Article 21 (privacy, health, environment), recognizing LGBTQ+ rights, gender justice, (ii) Legislative action: RTE Act, NFSA, RPwD Act, POCSO Act operationalizing rights, (iii) Executive implementation: Welfare schemes, institutional mechanisms (NHRC, NCPCR), (c) Preamble foundation: Justice (social/economic/political), Liberty (with responsibility), Equality (substantive), Fraternity (dignity + unity) provide normative framework. Distinguishes Indian constitutionalism from classical liberal models; emphasizes substantive rights realization.
Answer: 2023
DPDP Act, 2023: India's comprehensive data privacy law: (a) Scope: Applies to processing of digital personal data within India, and outside India if for offering goods/services to Indian individuals, (b) Principles: Lawful purpose, consent, data minimization, accuracy, storage limitation, security safeguards, (c) Individual rights: Access, correction, erasure, grievance redressal, right to nominate, (d) Institutional mechanism: Data Protection Board of India for adjudication, enforcement, (e) Exemptions: State functions (security, public order, research), personal/domestic use. Balances privacy rights with legitimate state/business needs; implementation rules pending.
Answer: True
Digital rights jurisprudence: (a) Anuradha Bhasin (2020): SC held: (i) Freedom of speech (Article 19(1)(a)) and profession (Article 19(1)(g)) extend to internet medium, (ii) Internet shutdown orders must be published, subject to judicial review, (iii) Restrictions must satisfy proportionality test: legitimate aim, rational connection, least restrictive alternative, balancing of interests, (b) Applied to J&K internet shutdown case; guides future digital governance decisions. Establishes digital rights as part of fundamental rights framework; important for e-governance, digital economy, free speech in digital age.
Answer: 21
RPwD Act, 2016: Progressive disability rights law: (a) Expanded definition: 21 disabilities (from 7 in 1995 Act) including autism, cerebral palsy, mental illness, specific learning disabilities, etc., (b) Reservation: 4% in government jobs (up from 3%), 5% in higher education, (c) Accessibility: Standards for public buildings, transport, information/communication, (d) Guardianship: Supported decision-making respecting autonomy, (e) Alignment: With UN Convention on Rights of Persons with Disabilities (ratified by India, 2007). Illustrates rights evolution: from welfare/charity model to rights-based, inclusive approach.
Answer: 2012
POCSO Act, 2012: Comprehensive child protection law: (a) Gender-neutral: Protects all children <18 from sexual assault, harassment, pornography, (b) Child-friendly procedures: In-camera trials, support persons, recording of statement by woman police officer, no repeated questioning, (c) Special courts: Expedited trial (to be concluded within 1 year), (d) Stringent punishments: Minimum 3-20 years imprisonment depending on offence severity, (e) 2019 Amendment: Enhanced punishments, included child pornography, death penalty for aggravated penetrative sexual assault. Illustrates rights-based legislation: procedural safeguards + substantive protections for vulnerable groups.
Answer: True
Juvenile justice evolution: (a) Juvenile Justice Act, 2000: All children <18 treated as juveniles; reformative approach, (b) 2012 Nirbhaya case: Public demand for stricter laws for juveniles in heinous crimes, (c) JJ Act, 2015: Children 16-18 accused of heinous offences (punishable with 7+ years/imprisonment/death) can be tried as adults after JJ Board assessment of mental/physical capacity, understanding of consequences, (d) Safeguards: Assessment by experts, child-friendly procedures, separate facilities, appeal mechanism. Balances child protection with accountability for serious crimes; ongoing debate on rehabilitation vs deterrence.
Answer: Articles 14, 15, and 21
Joseph Shine (2018): Unanimous judgment striking down adultery law: (a) Article 14: Arbitrary classification (only men punished; women treated as property), (b) Article 15: Discrimination based on sex; reinforces patriarchal stereotypes, (c) Article 21: Violates autonomy, dignity, privacy in marital relationships, (d) Constitutional Morality: Gender equality, individual autonomy override traditional moral codes. Impact: Decriminalized adultery; civil remedies (divorce, maintenance) remain. Illustrates evolving gender jurisprudence: from patriarchal norms to equality, autonomy, dignity.
Answer: 14
Shayara Bano (Triple Talaq case, 2017): 3:2 majority held instant triple talaq unconstitutional: (a) Violates Article 14 (arbitrary, manifestly unreasonable), (b) Not essential practice of Islam protected under Article 25, (c) Constitutional Morality (gender equality, dignity) overrides discriminatory religious custom, (d) Parliament later enacted Muslim Women (Protection of Rights on Marriage) Act, 2019 criminalizing instant triple talaq. Landmark gender justice judgment; illustrates tension between religious freedom and gender equality; constitutional values prevail over discriminatory practices.
Answer: True
Vishaka guidelines (1997): Landmark gender justice case: (a) Filled legislative gap on workplace sexual harassment, (b) Guidelines based on CEDAW (international convention), Articles 14, 15, 19, 21, (c) Key measures: Complaint committees, prevention mechanisms, victim protection, employer liability, (d) Impact: Operationalized until Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Illustrates judicial activism: Courts can issue guidelines when legislative vacuum violates fundamental rights; temporary measure until Parliament legislates.
Answer: Recognition of same-sex marriage is within Parliament's domain, not judiciary
Supriyo judgment (2023): 5-judge Constitution Bench (3:2 on key issues) held: (a) No fundamental right to marry under Constitution (though marriage protected under personal laws), (b) Recognition of same-sex marriage involves complex policy considerations (adoption, succession, maintenance) best left to Parliament, (c) However, affirmed rights of queer couples: protection from discrimination, right to cohabit, access to services without discrimination, (d) Directed government to form committee to examine rights/entitlements of queer couples. Balances judicial restraint with rights protection; ongoing legislative debate.
Answer: third
NALSA judgment (2014): Landmark transgender rights case: (a) Recognized transgender persons as 'third gender' under Articles 14, 15, 19, 21, (b) Affirmed right to self-identify gender without medical/surgical intervention, (c) Directed: (i) Reservation in education/employment, (ii) Separate facilities in public spaces, (iii) Legal recognition of gender identity, (d) Led to Transgender Persons (Protection of Rights) Act, 2019 (with criticisms on certificate requirement). Foundation for gender justice jurisprudence; balances identity recognition with implementation challenges.
Answer: True
Navtej Singh Johar (2018): 5-judge bench unanimously held: (a) Section 377 IPC unconstitutional to extent it criminalizes consensual same-sex relations between adults, (b) Violates Article 14 (arbitrary classification), Article 15 (discrimination based on sexual orientation), Article 19 (expression of identity), Article 21 (privacy, dignity, autonomy), (c) Sexual orientation intrinsic to personality; discrimination unconstitutional, (d) Constitutional Morality prevails over social morality. Landmark judgment affirming LGBTQ+ rights; foundation for subsequent cases on marriage, adoption, anti-discrimination.
Answer: Authentication for welfare schemes funded from Consolidated Fund and PAN-Aadhaar linking for tax purposes
Aadhaar proportionality analysis: (a) Legitimate aim: Prevent leakage in welfare delivery, curb tax evasion, (b) Rational connection: Biometric authentication reduces identity fraud, (c) Necessity: Less restrictive alternatives considered; authentication necessary for large-scale welfare, (d) Balancing: Benefits (efficient welfare, tax compliance) outweigh privacy intrusion for specified uses. Struck down: Mandatory linking with bank accounts/mobile numbers (disproportionate), school admissions (children's privacy). Illustrates calibrated rights balancing: privacy not absolute; state interests weighed via proportionality test.
Answer: procedural
Free legal aid jurisprudence: (a) Article 39A (DPSP): State shall provide free legal aid to ensure justice not denied due to economic disabilities, (b) Hussainara Khatoon (1979): Free legal aid essential for fair trial under Article 21; procedural justice requires equal access to legal representation, (c) Operationalization: Legal Services Authorities Act, 1987 establishing NALSA, State/District Legal Services Authorities, Lok Adalats. Ensures substantive equality: formal rights meaningful only with access to enforcement mechanisms.
Answer: True
Right to die with dignity: (a) Common Cause (2018): 5-judge bench held: (i) Right to die with dignity part of Article 21, (ii) Passive euthanasia (withdrawing life support) permissible for terminally ill patients in persistent vegetative state, (iii) Living will valid subject to safeguards: medical board certification, judicial oversight, etc., (b) Limits: Active euthanasia/assisted suicide remains illegal; safeguards prevent misuse. Balances individual autonomy with sanctity of life; requires robust procedural safeguards.
Answer: All of the above
Right to dignity jurisprudence: (a) Maneka Gandhi (1978): Expanded Article 21 to include due process; dignity implicit in fair procedure, (b) Puttaswamy (2017): Dignity intrinsic to privacy and liberty; foundational value for fundamental rights, (c) Navtej Singh Johar (2018): Dignity requires respect for sexual orientation; discrimination violates Article 14/15/21, (d) Applications: Decriminalization of homosexuality, transgender rights, rehabilitation of victims, prison reforms. Dignity as interpretive lens: Rights interpreted to enhance human worth, autonomy, respect.