07 February 2024

Daily practice questions for CLAT - (07 February 2024)

The baby is currently viable that is he will show signs of life and have a strong possibility of survival so we would need a directive from the Supreme Court on whether a foeticide can be done before the abortion.’ This is what an AIIMS doctor wrote in an email to the Supreme Court on 10 October last year. The email changed the course of the debate on abortion in India. The email was written after a two-judge bench of the Supreme Court, on 9 October, allowed a 27-year-old woman, ‘X’, to terminate her 26-week pregnancy. However, after this email, the same bench delivered a split verdict, and then, a three-judge bench rejected the woman’s plea for abortion on 16 October, underlining the importance of balancing the rights of a woman to autonomy and choice, with the rights of an unborn child. And the mail has already begun changing the course of the lives of several women seeking an abortion in India. Last month, the Delhi High Court also recalled an order allowing a widow to terminate her 29-week pregnancy on the grounds that she was going through “immense trauma” and showing “suicidal tendencies” after the death of her husband. The order allowing abortion was recalled after the AIIMS wrote to the high court, saying that at 30 weeks and six days, the foetus “will be alive after delivery”. The debate on the right of a woman to terminate her pregnancy as against the right of an unborn child has been gaining steam in India. And advocate, Dr Amit Mishra, is at the centre of it all. He was representing the women in both these cases, and has brought several such cases to the Delhi High Court as well as the Supreme Court in the last one-and-a-half years. Currently, the Medical Termination of Pregnancy (MTP) Act, allows an abortion up to 20 weeks by a registered medical practitioner and up to 24 weeks of pregnancy only for certain categories of women, including survivors of sexual assault or rape or incest. “The court wants to balance the right of the mother with the rights of the foetus. The judgment refusing abortion to the mother and granting the order in favour of the foetus now the government is citing this case as a precedent in other cases in high courts.” The government is added as a respondent in abortion petitions filed by women. It can then support or object to the petition, and a medical board is also usually constituted in a government hospital.

Question1:- The Medical termination of Pregnancy Act, came into force in which year?
  • A. 1970
  • B. 1971
  • C. 1972
  • D. 1973
Answer is C is correct. The Medical Termination of Pregnancy (MTP) Act was enacted by the Indian Parliament in 1971 and came into force on April 1, 1972. The MTP Act applies to all of India except Jammu and Kashmir. Therefore, option C is the correct option.
Question2:- In which case, Supreme Court allowed Married Woman to Abort Unplanned Pregnancy at 26 Weeks Citing Mental & Financial Reasons?
  • A. X. vs. State of Delhi NCR
  • B. Shailja vs. State of Haryana
  • C. Atul @ Ashutosh vs. State Of Madhya Pradesh
  • D. None of the above
Answer is C is correct. In case Atul @ Ashutosh vs. State Of Madhya Pradesh, the Supreme Court allowed a married woman to terminate her pregnancy at 26 weeks for mental and financial reasons. The petitioner, Padmakshi Sharma, said she was suffering from post-partum depression and was not able to raise a third child financially, emotionally, or mentally. The petitioner also said she suffered from post-partum psychosis after her previous delivery in September 2022. Therefore, C is the correct option.
Question3:- Constitutional bench of Supreme Court of India consists of minimum how many judges?
  • A. 3
  • B. 4
  • C. 5
  • D. 7
Answer is C is correct. The Supreme Court of India's Constitution Bench is made up of at least five judges. These judges sit together to decide cases that involve a significant question of law regarding the interpretation of the Constitution of India. Therefore, C is the correct option.
Question4:- Consider the following statement with respect to MTP Act, 2021
Statement I: The MTP Act of 2021 allows doctors in India to perform abortions up to 20 weeks
Statement II: Abortion can be made on the ground of rape, incest, and changes in relationship status.
  • A. Only I
  • B. Only II
  • C. Both I and II
  • D. None of the above
Answer is C is correct. The MTP Act of 2021 allows doctors in India to perform abortions up to 20 weeks and conditional abortions up to 24 weeks in certain cases, including rape, incest, and changes in relationship status. Therefore, C is the correct option.