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Answer: True
Intersectionality in rights legislation: Recognizes that disadvantages multiply across identities (gender, caste, disability, location). Examples: (a) NFSA: Priority to women (eldest woman head of household for ration card), children (ICDS, mid-day meals), SC/ST households, (b) RTE: 25% reservation for EWS/disadvantaged groups including SC/ST, (c) RPwD Act: Special provisions for women/girls with disabilities. Holistic approach ensures rights reach most marginalized; requires disaggregated data, targeted outreach, inclusive implementation.
Answer: True
Rights-based legislations often create monitoring architecture: (a) RTE Act: NCPCR/SCPCRs monitor implementation, inquire into violations, (b) NFSA: State Food Commissions monitor PDS, (c) MGNREGA: Social audits by Gram Sabhas, independent evaluations, (d) RTI Act: Information Commissions adjudicate appeals. These bodies provide: (a) Expert oversight, (b) Grievance redressal, (c) Policy recommendations. Effectiveness depends on independence, capacity, resources, and government responsiveness to recommendations.
Answer: True
Technology in rights-based delivery: (a) Aadhaar seeding: Reduces ghost beneficiaries in PDS (NFSA), MGNREGA, (b) Direct Benefit Transfer (DBT): Ensures wages/subsidies reach beneficiaries directly, (c) Mobile apps: RTI online filing, MGNREGA muster roll access, NFSA ration tracking, (d) GIS mapping: Monitor infrastructure under RTE, MGNREGA. Challenges: Digital divide, privacy concerns, exclusion errors due to authentication failures. Technology is enabler, not substitute for robust institutions and human oversight.
Answer: True
PC-PNDT Act, 1994 (amended 2003): Prohibits: (a) Use of prenatal diagnostic techniques for sex selection, (b) Sale/distribution/use of ultrasound machines without registration, (c) Communication of sex of foetus. Provides for: (a) Regulation of genetic counselling centres, laboratories, clinics, (b) Penalties: imprisonment, fine, license cancellation. Implementation challenges: clandestine practices, social son preference, need for community mobilization alongside enforcement. Critical for addressing gender-biased sex selection.
Answer: True
Maternity Benefit (Amendment) Act, 2017: Key changes: (a) Paid maternity leave: 26 weeks (up from 12) for first two children, (b) 12 weeks for adoptive/commissioning mothers, (c) Crèche facility mandatory for establishments with 50+ employees, (d) Work from home option after maternity period. Aims to improve maternal/child health, women's workforce participation. Challenges: potential disincentive for employers to hire women, need for state support for small enterprises.
Answer: True
Rights-based legislations transform policy commitments into justiciable rights: (a) RTE Act: Parents can approach courts if child denied admission, (b) NFSA: Beneficiaries can seek grievance redressal, (c) MGNREGA: Workers can claim unemployment allowance if work not provided. However, enforcement depends on: (a) Awareness of rights, (b) Access to grievance mechanisms, (c) Administrative capacity, (d) Judicial responsiveness. Rights on paper require institutional mechanisms and political will for effective realization.
Answer: False
RTI Act, Section 8(1): Lists exemptions including information which would prejudicially affect: (a) Sovereignty/integrity of India, (b) Security, strategic, scientific, economic interests of State, (c) Relation with foreign State, (d) Incitement to offence. Such information may be denied even if not explicitly covered by OSA. However, Section 8(2): Even exempt information must be disclosed if public interest in disclosure outweighs harm. Balances transparency with legitimate security concerns; courts decide on case-by-case basis.
Answer: True
RTE Act, 2009: Applies to all India except J&K (which had separate Constitution under Article 370). Post-abrogation of Article 370 (2019), RTE Act extended to J&K. Act mandates: (a) Free education for 6-14 years, (b) 25% reservation in private unaided schools for EWS/disadvantaged groups, (c) No detention policy (modified by 2019 amendment), (d) Teacher qualification standards. Implementation varies across States; challenges include infrastructure gaps, teacher shortages, learning outcomes.
Answer: True
Lokpal Act, 2013, Section 14: Extends jurisdiction to: (a) Public servants as defined in Prevention of Corruption Act, (b) Any person who is/has been Chairperson, member, officer, director of a society/trust/body corporate/NGO: (i) Receiving foreign contribution above ₹10 lakh under FCRA, OR (ii) Receiving government funding above ₹1 crore, OR (iii) Having annual income above ₹1 crore. Ensures accountability of entities handling public resources, but raises concerns about regulatory overreach on civil society.
Answer: True
Digital India (launched 2015): Three vision areas: (1) Digital infrastructure as utility to every citizen, (2) Governance and services on demand, (3) Digital empowerment of citizens. Key components: BharatNet (rural broadband), Common Service Centres, e-Governance platforms (UMANG, DigiLocker), digital payments. Aims to improve transparency, efficiency, accessibility of public services; reduce corruption through technology-enabled accountability.
Answer: True
Protection of Human Rights Act, 1993, Section 13: NHRC has powers of civil court under Code of Civil Procedure for: (a) Summoning/enforcing attendance of witnesses, (b) Discovering/producing documents, (c) Receiving evidence on affidavits, (d) Requisitioning public records, (e) Issuing commissions for witness examination. However, NHRC recommendations are not binding; implementation depends on government response. Balances investigative powers with executive implementation responsibility.
Answer: False
Lokpal and Lokayuktas Act, 2013: Mandates States to establish Lokayuktas within one year, but States have flexibility in design: powers, jurisdiction, composition vary. Some States had Lokayuktas before 2013 (e.g., Maharashtra, 1971); others enacted laws later. As of 2024, not all States have functional Lokayuktas. Highlights challenges in implementing uniform accountability mechanisms across India's diverse federal structure.
Answer: True
MGNREGA, Section 17: Mandates social audit of all projects by Gram Sabha. Social audit involves: (a) Public verification of records, expenditure, beneficiary selection, (b) Gram Sabha discussion and approval, (c) Action on findings. Empowers citizens to monitor implementation, detect corruption, ensure accountability. Model extended to other schemes. Foundation of participatory governance at grassroots level.
Answer: True
RTI Act, Section 8(1)(i): Exempts cabinet papers including records of Council of Ministers, Secretaries, etc., until decision implemented and reasons made public. However, once decision taken and matter complete, exemption ceases. Section 8(2): Even exempt information must be disclosed if public interest in disclosure outweighs harm to protected interests. Balances transparency with effective governance and collective responsibility.
Answer: True
RTI Act, 2005 (Section 15 for CIC, Section 16 for SICs): Appointment committee: (a) Union: PM (Chairperson), LoP in Lok Sabha, Union Cabinet Minister nominated by PM, (b) State: CM (Chairperson), LoP in Assembly, State Cabinet Minister nominated by CM. 2019 Amendment changed tenure and salary conditions to be prescribed by Central Government, raising concerns about executive influence on Information Commissions' independence.
Answer: True
CBI is not a constitutional/statutory body; established by Delhi Special Police Establishment Act, 1946. Functions under administrative control of DoPT, Ministry of Personnel. This has raised concerns about executive influence on CBI investigations. Supreme Court in Vineet Narain case (1997) directed measures to ensure CBI independence, including fixed tenure for Director. Debate continues on granting statutory independence to CBI.
Answer: True
Paschim Banga (1996): SC held: (a) Right to health is integral to right to life under Article 21, (b) Government has constitutional obligation to provide adequate medical facilities, (c) Failure of government hospital to provide timely treatment violates Article 21, (d) State liable to pay compensation for negligence. Foundation for right to health jurisprudence; led to improvements in public health infrastructure.
Answer: True
Subhash Kumar (1991): SC held: (a) Right to life under Article 21 includes right to enjoyment of pollution-free water and air, (b) Citizens can approach courts under Article 32/226 for enforcement of environmental rights, (c) PIL mechanism enables public-spirited persons to seek environmental protection. Foundation for environmental jurisprudence; led to closure of polluting industries, protection of forests, rivers.
Answer: True
Aadhaar Judgment (2018): 4:1 majority upheld Aadhaar Act for: (a) Welfare schemes (to prevent leakage), (b) PAN-Aadhaar linking (to curb tax evasion), (c) IT Act compliance. Struck down: (a) Mandatory linking with bank accounts/mobile numbers (disproportionate invasion of privacy), (b) Aadhaar authentication for school admissions (violates children's privacy). Balances state interest in welfare delivery with right to privacy.
Answer: True
Navtej Singh Johar (2018): 5-judge bench unanimously struck down Section 377 IPC to extent it criminalized consensual same-sex relations between adults. Held: (a) Violates Article 14 (arbitrary classification), Article 15 (discrimination based on sexual orientation), Article 19 (expression of identity), Article 21 (privacy, dignity, autonomy), (b) Sexual orientation intrinsic to personality; discrimination unconstitutional. Landmark LGBTQ+ rights judgment.