CLAT Common Law Admission Test Solved Paper 2011 – English, Aptitude Part 20

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176. Assume now that Elizabeth was only an economy class passenger and was not entitled to use the airline’s lounge. However, she manages to gain entry and finds the earring in the lounge. The rest of the above facts remain the same. Will her illegal entry into the Lounge affect Elizabeth’s right to keep the earring (or be compensated for its value)?

(a) Yes, the airline claims that Elizabeth’s entry into the lounge was illegal and therefore has no right over anything she found there

(b) No, because Elizabeth’s class of travel has no bearing on the outcome in this case

(c) Cannot be determined as we need to know how Elizabeth was able to access the airline’s lounge

(d) None of the above

Ans: (b)

177. To the original fact scenario, the following fact is added: In the lounge there are numerous signboards which proclaim, ‘Any unattended item will be confiscated by Dolphin Airlines’. In this case, you would

(a) Order the airline to pay compensation to Elizabeth because the board in the lounge cannot grant property rights over unattended objects to the airline

(b) Deny Elizabeth compensation because the signboard makes it evident that the airline, as owner of the lounge, is exercising all rights over all unattended items in the lounge and the earring is one such item

(c) Deny Elizabeth compensation because she knew any unattended item belonged to the airline

(d) Order the airline to pay compensation to Elizabeth because the property rights of the airline are relevant only if the item is unattended. The moment Elizabeth found the earring, it belonged to her

Ans: (a)

Problem 6 (Q. Nos. 178 to 182)

Rules

A. The State shall not discriminate, either directly or indirectly, on the grounds of sex, race, religion, caste, creed, sexual orientation, marital status, disability, pregnancy, place of birth, gender orientation or any other status.

B. Direct discrimination occurs when for a reason related to one or more prohibited grounds a person or group of persons is treated less favorably than another person or another group of persons in a comparable situation.

C. Indirect discrimination occurs when a provision, criterion or practice which is neutral on the face of it would have the effect of putting persons having a status or a characteristic associated with one or more prohibited grounds at a particular disadvantage compared with other persons.

D. Discrimination shall be justified when such discrimination is necessary to promote the well-being of disadvantaged groups, such as women, dalits, religious minorities, sexual minorities, or disabled persons.

Facts

On 2nd October 2010, the Governor of the state of Bihar ordered the release of all women prisoners who were serving sentence of less than one-year imprisonment to mark the occasion of Mahatma Gandhi’s birthday.

178. Which of the following is correct with respect to the Governor’s order?

(a) It discriminates directly on the ground of sex

(b) It discriminates indirectly on the ground of sex

(c) It does not discriminate on the ground of sex

(d) It discriminates directly as well as indirectly on the ground of sex

Ans: (a)

179. Is the governor’s order justified under Rule D?

(a) Yes, because it is for the well-being of women prisoners

(b) No, because it is not necessary for the well-being of women prisoners

(c) No, because it does not promote the well-being of women prisoners or the society

(d) None of the above

Ans: (c)

180. Assume that the Governor also made a second order requiring the release of all persons under the age of 25 and over the age of 65 who were serving a sentence of less than one year’s imprisonment. Under the Rules, this order is

(a) Directly discriminatory

(b) Indirectly discriminatory

(c) Not discriminatory

(d) Discriminatory, but justifiable

Ans: (a)

181. Assume further that the government made a third order, releasing all graduate prisoners who are serving a sentence of less than one year’s imprisonment. Which of the following statistics would have to be true for this order to be indirectly discriminatory?

(a) Only 13% of the prison population in Bihar have a graduation degree

(b) Of the graduate prisoners, 89% belong to upper castes

(c) Only 25% women in Bihar get a graduation degree

(d) All of the above

Ans: (b)

Rule

E. A discriminatory act shall be justified if its effect is to promote the well-being of disadvantaged groups, such as women, dalits, religious minorities, sexual minorities, or disabled persons.

182. Would the first order of release of all women prisoners be justified under Rule E?

(a) Yes, because it promotes the well-being of women

(b) No, because it does not promote the well-being of women prisoners

(c) No, because it does not promote the well-being of all disadvantaged groups equally

(d) None of the above

Ans: (b)