Comprehension
Judges can play a significant role in ridding the justice system of harmful stereotypes. They have an important responsibility to base their decisions on law and facts in evidence, and not engage in gender stereotyping. The Supreme Court of India observed that recently, the Courts across the country, have started imposing irrelevant conditions while granting bail. The conditions that can be imposed under the law are clearly laid down in the Code of Criminal Procedure, 1973 and by the Supreme Court through its various decisions. Accordingly, it is clear that imposing conditions like rendering community service in COVID hospitals or in any other institution, plantation of trees, contributing to any particular charity relief fund, etc. is impermissible in law. While deciding a bail application, accused cannot assume the role of a social reformer or fund raiser for charities and imposed with conditions which have no nexus with the offence or relevance with the object of the bail provisions. During pendency of the trial accused is presumed innocent and his guilt is yet to be adjudicated by the Court. Imposing irrelevant conditions is violative of the right to equality and personal liberty, including procedure established by law. Such wide prevalence necessitates the urgent intervention of the court to declare that such remarks are unacceptable and have the potential to cause grave harm to the prosecutrix and the society at large; and to issue directions on gender sensitization of the bar and the bench, particularly with regard to judicial empathy for the prosecutrix…judicial stereotyping is a common and pernicious barrier to justice, particularly for women victims and survivors of violence. Such stereotyping causes judges to reach a view about cases based on preconceived beliefs, rather than relevant facts and actual enquiry. This requires judges to identify gender stereotyping, and identify how the application, enforcement or perpetuation of these stereotypes discriminates against women or denies them equal access to justice.
Question: 1
The review of the given excerpt highlights the prevailing problem of
The review of the given excerpt highlights the prevailing problem of
Updated On: Aug 22, 2024
- Imposing non-statutory conditions by the courts while granting bail applications.
- Lack of gender sensitization of the bar and the bench, particularly with regard to judicial empathy for the prosecutrix
- Both (A) and (B).
- Judges are not aware about the bail provisions.
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The Correct Option is A
Solution and Explanation
The correct option is (A) : Imposing non-statutory conditions by the courts while granting bail applications.
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Question: 2
Consider the following statements:
(I) Judges play a vital role at all levels as teachers to the entire legal community and the public.
(II) Courts should desist from expressing any gender stereotyped opinion during proceedings or in the course of a judicial order.
Choose the correct answer from the code given below
Consider the following statements:
(I) Judges play a vital role at all levels as teachers to the entire legal community and the public.
(II) Courts should desist from expressing any gender stereotyped opinion during proceedings or in the course of a judicial order.
Choose the correct answer from the code given below
(I) Judges play a vital role at all levels as teachers to the entire legal community and the public.
(II) Courts should desist from expressing any gender stereotyped opinion during proceedings or in the course of a judicial order.
Choose the correct answer from the code given below
Updated On: Aug 22, 2024
- Both (I) and (II) are true.
- Both (I) and (II) are untrue.
- (I) is true and (II) is untrue
- (II) is true and (I) is untrue.
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The Correct Option is C
Solution and Explanation
The correct option is (C) : (I) is true and (II) is untrue
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Question: 3
Which of the following conditions cannot be imposed by the court for granting bail?
Which of the following conditions cannot be imposed by the court for granting bail?
Updated On: Jul 11, 2024
- Conditions prescribed under the Code of Criminal Procedure, 1973 f or granting bail.
- Conditions in conformity with the guidelines laid down by the Supreme Court for granting bail
- Conditions which suit the case after examining the credibility and culpability of the accused with the subjective satisfaction of the judge granting bail.
- Both (B) and (C).
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The Correct Option is D
Solution and Explanation
The correct option is (D) : Both (B) and (C).
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Question: 4
Imposing irrelevant conditions which have no nexus with the offense or relevance to the object of the bail provisions may violate
Imposing irrelevant conditions which have no nexus with the offense or relevance to the object of the bail provisions may violate
Updated On: Jul 11, 2024
- Right to equality.
- Right to life and personal liberty.
- Judicial independence.
- Both (A) and (B).
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The Correct Option is D
Solution and Explanation
The correct option is (D) : Both (A) and (B).
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Question: 5
Which of the following is not a gender stereotyped statement?
Which of the following is not a gender stereotyped statement?
Updated On: Jul 19, 2024
- Women are emotional and often overreact or dramatize events, hence it is necessary to corroborate their testimony
- Lack of evidence of physical harm in sexual offence cases leads to an inference of consent by the woman
- Men are the head of the household and should take all the decisions relating to family.
- Women are capable of taking decisions on their own.
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The Correct Option is D
Solution and Explanation
The correct option is (D) : Women are capable of taking decisions on their own.
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Question: 6
Consider the following statements:
(I) Judicial stereotyping adds to judicial decision a view based on real social facts and cultural enquiry.
(II) Judicial stereotyping is a barrier to justice, particularly for women victims.
Choose the correct answer from the code given below
Consider the following statements:
(I) Judicial stereotyping adds to judicial decision a view based on real social facts and cultural enquiry.
(II) Judicial stereotyping is a barrier to justice, particularly for women victims.
Choose the correct answer from the code given below
(I) Judicial stereotyping adds to judicial decision a view based on real social facts and cultural enquiry.
(II) Judicial stereotyping is a barrier to justice, particularly for women victims.
Choose the correct answer from the code given below
Updated On: Jul 11, 2024
- Both (I) and (II) are true.
- Both (I) and (II) are true.
- (I) is true and (II) is untrue.
- (II) is true and (I) is untrue.
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The Correct Option is B
Solution and Explanation
The correct option is (B) : Both (I) and (II) are true
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