The Author Gives Which of the Following Suggestions to the Concerned Ministry? - Legal Reasoning

Advertisements
Advertisements
MCQ

Direction: The passage given below is followed by a set of question. Choose the most appropriate answer to each question.

On May 14, the Ministry of Home Affairs issued a Request for Proposal (RFP) to select a private agency for creating a National Database of Sexual Offenders for India. The said RFP states that the purpose of establishing the database of sex offenders is to help in the early detection and prevention of crime against women, arrests of persons accused of criminal offences and to keep a watch on habitual offenders. Media reports suggest that the public will have access to the details regarding convicted sex offenders and law enforcement officials will have access to data about persons on trial for sexual offences. This registry seems to be one more knee-jerk and populist reaction to the problem of sexual violence against women and children in India.

The ministry seems to have launched this initiative without analysing the evidence on the limited efficacy of such registries in other jurisdictions in reducing rates of repeat offending and without examining its appropriateness in the Indian context. Various states in the US have had such publicly accessible registries for around 28 years and multiple studies have shown that they have limited public safety benefits and significant social costs. Sex offender registries are predicated on the assumption that convicted sex offenders have a high likelihood of committing offences after serving their sentences. This assumption is not borne out by data. In India, the percentage of recidivism among arrested persons according to data collected by the National Crime Records Bureau (NCRB) for 2016 is only 6.4%.

The registry is being proposed in response to widely-reported horrific incidents of rape. The logic seems to be that if the police have a list of offenders living in the area, investigation becomes simpler and people, especially parents, can be more vigilant if they are aware of offenders living around them. However in India, as per the NCRB data for 2016, in 94.6% of reported cases of rape against women and children, the perpetrator is known to the victim. Such a registry offers little protection from such offenders. In fact, the fear of the offender being included in the registry may exacerbate the problem of underreporting by making people apprehensive about reporting sexual violence involving family members and acquaintances.

Once the general public has unfettered access to data about sex offenders online, it can open a Pandora's Box. The fears of offenders being ostracised and vilified become very real. Among a host of foreseeable problems, they will find it particularly tough to find employment or housing. India has already witnessed cases of lynchings of people suspected to be child kidnappers. It is not paranoid to expect the public reaction to convicted offenders to be much worse. Once offenders are pushed into the margins, their access to treatment, supervision and support systems becomes diminished, which may be quite counterproductive. If the state imposes restrictions on where such offenders can live, the housing crisis they will face will be exacerbated. They may become homeless or be compelled to live in areas far from home where they may face less scrutiny. The stigma and ostracisation that such offenders will face will invariably extend to their families. Studies in the US have shown that a combination of social ostracisation, lack of psychiatric support and the inability to find a job or housing, can even increase chances of recidivism; thus, defeating the very purpose of the registry. In such circumstances, registration in such a database can turn into a 'scarlet letter' like badge of shame that can punish offenders much beyond their sentences and make their rehabilitation and reintegration into society next to impossible.

As per the National Family Health Survey (NFHS) data from 2015-2016, we know that 85% of cases of sexual violence against women, which excludes cases of marital rape and assault, go unreported. Such a registry does not begin to address this problem.

Before implementing this registry, the Ministry of Home Affairs must create a research base on recidivism among sex offenders and the risk factors and hold a much broader public debate on the need for the registry. This is not to say that sexual offences are not an urgent problem. In the Indian context, the focus needs to be shifted to tackling barriers to reporting, training law enforcement officials and providing support to survivors rather than this ill-conceived registry.

The author gives which of the following suggestions to the concerned ministry?

Options

  • To create a database for answering queries of the Amnesty international

  • To not make such a database of sex offenders public

  • To do a proper risk analysis of making such a database public

  • To not compile a list of repeat offenders

Advertisements

Solution

To do a proper risk analysis of making such a database public

Explanation:

Refer to the line, "Before implementing this registry, the Ministry of Home Affairs must create a research base on recidivism among sex offenders and the risk factors and hold a much broader public debate on the need for the registry." Hence, to do a proper risk analysis of making such a database public is the correct answer. The author doesn't suggest that such a database should not be made public at all.

Concept: Indian Penal Code (Entrance Exams)
  Is there an error in this question or solution?

RELATED QUESTIONS

In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess.

Rules 
A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words 'in the course of the employment' means in the course of the work which the employee is contracted to do and which is incidental to it.

Facts 
Messrs. ZafarAbidi and Co. (Company) manufactures bidis with the help of persons known as `pattadars'. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed hours of work or for any fixed number of days. Neither are they required to roll up any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not and pays the pattadars on the basis of the number of bids that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby foodstall. Aashish Mathew has applied for compensation from the Company. In case the paladars were compulsorily required to work in the factory for a minimum number of hours every day, then it would be correct to state that:

In case the paladars were compulsorily required to work in the factory for a minimum number of hours every day, then it would be correct to state that:


Principle: Killing is not murder if it is committed in a sudden fight without pre-meditation in a heat of passion upon a sudden quarrel.

Facts: X and Y were buying liquor from a liquor shop at 7 pm. Y abused X and there was the quarrel between them. X told Y that he will not spare him and Y shouted that his house is adjoining the shop only and if X had the guts, he can come anytime.  X went back to his shop which was nearby, procured a knife and went to Y‘s residence at 9 pm and stabbed him to death. 


Which of the following is the oldest law code in India?


Mark the best option:
Capital offences result in


There is no offence of adultery if it is committed, with the consent of –


A puts his hand in pocket B for stealing money but the pocket was empty. A is guilty of –


Abetting the commission of suicide is dealt under :


Escape from confinement negligently suffered by a public servant is dealt under :


Indian penal code 1860 was drafted by


The following persons are not judge


Dishonestly' has been defined as doing anything with the intention to cause wrongful gain to one person & wrongful loss to another, under


A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z.


An accused is entitled to statutory bail (default bail) if the police failed to file the charge-sheet ___________ within of his arrest for the offence punishable with 'imprisonment up to 10 years'.


If a witness makes a statement in Court, knowing it to be false, he commits the offence of


Answer the question which follows form the application of the under mentioned legal principle.

Principle: False imprisonment is a total restraint of the liberty of a person, for however short a time, without lawful excuse.

A was driving down a road heading to her house. As she reached close to her house, she found that a few people led by B, protesting against an unfair law had blocked the road. There was no alternate road to her house and hence she was stuck there for around 5 minutes.


A handed over ₹5,000 to her neighbour B, who was an employee of a bank, and asked him to deposit the money in her account, instead of doing so, B spent the money. A sues the bank for damages.


Principle: Whoever intending to take dishonestly (with an intention to cause wrongful loss to another or wrongful gain to himself) any moveable property without that person's consent, moves that property in order to such taking is said to commit theft. (Common for Q. No. 18 and 19) A had lent his watch to B for a period of a month. Two days after he had done so, he walked into B's office to find the watch on B's table. He decided to take the watch back. A was prosecuted for theft.


Principle: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces that person so put in fear to deliver to any person any property, commits extortion. 
A entered B's house, caught hold of B, S daughter C and threatened to stab her if A did not give him ₹10,000 immediately. B did so. A is prosecuted for extortion.


Principle: Whoever enters into or upon property in the possession of another with the intent to commit an offense or to intimidate, insult or annoy any person in possession of such property or having lawfully entered into or upon such property, unlawfully remains there with an intent to intimidate, insult or annoy any such person, or with the intent to commit an offense commits criminal trespass. A went to Delhi Law College to participate in a competition. After participating in the competition, A hid inside the campus so that he could steal a few books from the library.


The question contains some basic principles and fact situations in which these basic principles have to be applied. You have to select the best option.

Principle: Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others is said to have committed an offense.

Facts: Mr. Mangeskar owns a Yamaha motorcycle which has very good pick up and speed. He is studying in the IV semester of Mechanical Engineering degree course. One day it was getting late for college as he woke up late in the morning. He got ready and was rushing to college so that he would not miss the class. He was riding the motor cycle at a speed of 140 km per hour in Bangalore city which was crowded. He was very good in riding the motorcycle. People who were using the road got annoyed/ scared with the way Mr. Mangeskar was riding the motorcycle.


Share
Notifications



      Forgot password?
Use app×