The issue, 'whether Section 377 of the Indian Penal Code is violative of Articles 21, 14 and 15 of the Constitution of India' was decided in which one of the following cases?
- A.Shreya Singhal vs. Union of India
- B.Vishakha vs. State of Rajasthan
- C.Shayara Bano vs. Union of India
- D.Naz Foundation vs. Government of NCT of Delhi and others
Correct answer
Explanation
The correct answer is D, Naz Foundation vs. Government of NCT of Delhi and others. In this case the Delhi High Court held in 2009 that Section 377, in so far as it criminalised consensual sex between adults in private, violated Articles 21, 14 and 15.
The Naz Foundation, an NGO working on HIV/AIDS, filed the petition in 2001. The High Court read down the section on the grounds of dignity and privacy (Article 21), equality (Article 14) and non-discrimination (Article 15). The Supreme Court reversed this in Suresh Kumar Koushal (2013), but a five-judge bench finally decriminalised such relations in Navtej Singh Johar vs. Union of India (2018).
A is wrong because Shreya Singhal (2015) struck down Section 66A of the IT Act on free speech. B is wrong because Vishakha (1997) laid down guidelines against sexual harassment at the workplace. C is wrong because Shayara Bano (2017) declared instant triple talaq unconstitutional.
Exam tip: Section 377 trail: Naz Foundation (Delhi HC, 2009), Koushal (SC, 2013), Navtej Johar (SC, 2018).
Practice Questions
View allPanchayati Raj Institutions are primarily the institutions of
- A.Popular Government
- B.Self-Government
- C.Federal Government
- D.Quasi-Government
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Panchayati Raj Institutions are bodies of rural local self-government, through which villagers manage their own local affairs. Article 40, a Directive Principle, asks the State to organise village panchayats and give them the powers needed to function as units of self-government.
Read the full explanation →The elections to the Lower House of the Parliament of India, held in 2019, constituted the
- A.14th Lok Sabha
- B.15th Lok Sabha
- C.16th Lok Sabha
- D.17th Lok Sabha
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The general election held in April and May 2019 elected the 17th Lok Sabha, which first met in June 2019.
Read the full explanation →In which one of the following States has the President's Rule been imposed most number of times?
- A.Bihar
- B.Karnataka
- C.Manipur
- D.Punjab
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Manipur has been placed under President's Rule more often than any other state, more than ten times since 1967.
Read the full explanation →The Constitution of India guarantees freedom of speech and expression. But the freedom is subject to certain reasonable restrictions imposed by the State. These restrictions may relate to which of the following ?
1. Defamation
2. Decency or morality
3. Incitement to an offence
Select the correct answer using the code given below :
- A.1 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
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All three are grounds listed in Article 19(2) on which the State may place reasonable restrictions on freedom of speech and expression.
Read the full explanation →Which one of the following is not a Constitutional Commission of India?
- A.The National Commission for Scheduled Castes
- B.The National Commission for Scheduled Tribes
- C.The National Commission for Backward Classes
- D.The National Commission for Women
Show answer
It was set up in 1992 under the National Commission for Women Act, 1990, so it is a statutory body, not a constitutional one.
Read the full explanation →