Vande Matram! This is article based on multiple choice
questions on feminist jurisprudence and gender justice in India. This
is a series.
1) Over the last decade, Indian courts have issued several
notable decisions recognizing women’s reproductive rights as part of the
__________ implicitly protected under the fundamental right to life.
a) inalienable survival rights
b) human rights
c) fundamental rights
d) none of the above
Ans. a) inalienable survival rights
If you say that someone has an inalienable right to
something, you are emphasizing that they have a right to it which cannot be
changed or taken away.
2) ___________ disproportionately harm women due to their
capacity to become pregnant and legal protection of these rights as human
rights is critical to enable gender justice and the equality of women.
a) Violation of right to life
b) Violations of reproductive rights
c) Violation of right to equality and non-discrimination
d) Violations of fundamental rights
Ans. b) Violations of reproductive rights
3) India is signatory to _________ which recognizes
reproductive rights.
a) Abolition of Forced Labour Convention (AFLC)
b) Employment Service Convention, (ESC)
c) Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW)
d) Labour Statistics Convention (LSC)
Ans. c) Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW)
4) India is signatory to _________ which recognizes
reproductive rights.
a) International Convention to Facilitate the Importation of
Commercial Samples and Advertising Material (ICFICSAM)
b) Aircraft Protocol to the Cape Town Treaty (APCTT)
c) Animal Production and Health Commission for Asia and the
Pacific (APHCAP)
d) International Covenant on Civil and Political Rights
(ICCPR)
Ans. d) International Covenant on Civil and Political Rights
(ICCPR)
5) India is signatory to _________ which recognizes
reproductive rights.
a) International Covenant on Economic, Social and Cultural
Rights (ICESCR)
b) Kyoto Protocol (KP)
c) Employment Policy Convention (EPC)
d) Genocide Convention (GC)
Ans. a) International Covenant on Economic, Social and
Cultural Rights (ICESCR)
6) India is signatory to _________ which recognizes
reproductive rights.
a) Optional Protocol on the Sale of Children, Child
Prostitution and Child Pornography (OPSCCPCP)
b) Convention on the Rights of the Child (CRC)
c) Convention on the Rights of Persons with Disabilities
(CRPD)
d) Constitution of the International Organization for
Migration (CIOM)
Ans. b) Convention on the Rights of the Child (CRC)
7) __________ of the Indian Constitution and the judiciary
has established that the government has a constitutional obligation to respect
international law and treaty obligations.
a) Article 51(a)
b) Article 51(b)
c) Article 51(c)
d) Article 51(d)
Ans. c) Article 51(c)
8) Although India was among the first countries in the world
to develop legal and policy frameworks ___________, women and girls continue to
experience significant barriers to full enjoyment of their reproductive rights,
including poor quality of health services and denials of women’s and girls’ decision-making
authority.
a) for criminalization of abortions
b) imparting justice to rape victims
c) guaranteeing forceful
family planning operations of majority community
d) guaranteeing access to abortion and contraception
Ans. d) guaranteeing access to abortion and contraception
9) In which cases the Delhi High Court stated that “these
petitions focus on two inalienable survival rights that form part of the right to
life: the right to health which would include the right to access and receive a
minimum standard of treatment and care in public health facilities and in
particular the reproductive rights of the mother.”
a) Laxmi Mandal v. Deen Dayal Harinagar Hospital & Ors.
b) Jaitun v. Maternity Home, MCD, Jangpura & Ors.
c) Both a) and b)
d) None of these
Ans. c) Both a) and b)
Laxmi Mandal v. Deen Dayal Harinagar Hospital & Ors. and
Jaitun v. Maternity Home, MCD, Jangpura & Ors., these two cases were concerning
denials of maternal health care to two women living below the poverty line. In
these cases by citing CEDAW and ICESCR, the decision held that “no woman, more
so a pregnant woman should be denied the facility of treatment at any stage
irrespective of her social and economic background…This is where the
inalienable right to health which is so inherent in the right to life gets
enforced.”
10) The High Court of Madhya Pradesh in __________, opined that
“the inability of women to survive pregnancy and child birth violates her
fundamental right to live as guaranteed under Article 21 of the Constitution of
India” and “it is the primary duty of the government to ensure that every woman
survives pregnancy and child birth.”
a) Mayank Rastogi vs Sh. V K Bansal & Osrs
b) Shankaria vs State Of Madhya Pradesh
c) Chander Kanta Bansal vs Rajinder Singh Anand
d) Sandesh Bansal v. Union of India
Ans. d) Sandesh Bansal v. Union of India
Importantly, the Bansal decision specifically rejected
financial constraints as a justification for reproductive rights violations,
and established that government obligations under Article 21 require immediate
implementation of maternal health guarantees in the National Rural Health
Mission, including basic infrastructure, such as access to blood, water, and electricity,
in health facilities; timely maternal health services and skilled personnel;
and effective referral and grievance redressal mechanisms where maternal health
care is denied.
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