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Question 81

EMRS Hostel Warden 2023• Knowledge of POCSO

Consider the following

Statements:

(A) The Child Labour (Prohibition and Regulation) Act, 1986 prohibits the engagement of children only in certain employments.

(B) An occupation connected with automobile workshop and garages is prohibited for children under the Act.

Choose the correct answer from the codes given below:

  1. AOption (a)

    Both (A) and (B) are correct

  2. BOption (b)

    (A) is wrong, but (B) is correct

  3. COption (c)

    Neither (A) nor (B) is correct

  4. DOption (d)

    (A) is correct, but (B) is wrong

View answer & explanation

Correct answer

Answer: (a)A.

Both (A) and (B) are correct

Why this answer is correct

The Child Labour (Prohibition and Regulation) Act, 1986 is a significant legislation in India aimed at prohibiting the employment of children below the age of 14 in hazardous occupations and processes, while regulating the working conditions of children in non-hazardous sectors.

Key Points

  • The statement regarding prohibition only in certain employments is accurate because the original Act of 1986 did not impose a blanket ban on child labour. It only prohibited children from working in specific occupations and processes that were deemed hazardous, while allowing their engagement in other sectors under regulated conditions. Therefore, this statement correctly reflects the limited scope of the original Act.
  • Regarding the inclusion of automobile workshops and garages, the Act's Schedule of hazardous occupations clearly lists "automobile workshops and garages" as prohibited workplaces for children. Hence, the second statement also holds true, as it aligns with the actual provisions of the Act. Together, both statements accurately capture the selective and specified nature of the ban.

Hence, the correct answer is both A and B are correct.

Question 82

EMRS Hostel Warden 2023• Knowledge of POCSO

Under The Protection of Children from Sexual Offences (POCSO) Rules, 2020, who is a 'special educator' ?

  1. AOption (a)

    A person trained in communication with children with disabilities

  2. BOption (b)

    The liaison officer in the special court for trials under the POCSO Act

  3. COption (c)

    The person assigned by the Child Welfare Committee

  4. DOption (d)

    A special trainee on sex education

View answer & explanation

Correct answer

Answer: (a)A.

A person trained in communication with children with disabilities

Why this answer is correct

The Protection of Children from Sexual Offences (POCSO) Act, 2012, along with its amended Rules in 2020, aims to protect children from sexual offences while ensuring child-friendly procedures during investigation and trial.

Key Points 

  • A special educator, as defined under the POCSO Rules, 2020, is someone trained to communicate and engage effectively with children who have physical, intellectual, or learning disabilities.
  • Their role becomes crucial when a child victim or witness has special needs, ensuring that the child can understand and participate in the legal process without being re-traumatized.
  • This definition ensures that communication is both supportive and legally sound, upholding the principles of equality and inclusiveness in the justice system. These educators work closely with the special court to facilitate the child’s testimony in a manner suited to their abilities and needs.

Hint

  • The liaison officer in the special court supports coordination during trials but does not serve the role of a special educator.
  • The person assigned by the Child Welfare Committee could have varied responsibilities, but unless specifically trained, they do not qualify as special educators under the Rules.
  • A trainee on sex education may have knowledge of awareness programs but is not equipped to handle the specialized communication needs of children with disabilities in legal settings.

Hence**, the correct answer is a person trained in communication with children with disabilities.**

Question 83

EMRS Hostel Warden 2023• Knowledge of POCSO

Identify the incorrect statement with regard to The Protection of Children from Sexual Offences (POCSO) Act, 2012.

  1. AOption (a)

    The definition of sexual offence in POCSO Act is not limited to penetrative sexual assault. 

  2. BOption (b)

    POCSO Act provides every child, the right to be heard.

  3. COption (c)

    POCSO Act is a special law.

  4. DOption (d)

    POCSO Act is not gender neutral.

View answer & explanation

Correct answer

Answer: (d)D.

POCSO Act is not gender neutral.

Why this answer is correct

The Protection of Children from Sexual Offences (POCSO) Act, 2012, was enacted to safeguard children from sexual abuse and exploitation while ensuring child-friendly procedures at every stage of the legal process.

Key Points

  • The statement that the POCSO Act is not gender neutral is factually incorrect.
  • One of the key features of the Act is its gender-neutral nature, meaning it applies equally to both male and female children, as well as transgender children.
  • The law recognizes that any child, irrespective of gender, can be a victim of sexual offences, and therefore, it uses the term "child" without specifying gender throughout the Act.
  • This ensures inclusive protection and is in line with the principle of equality enshrined in the Constitution.

Hint

  • The definition of sexual offences under POCSO includes penetrative and non-penetrative sexual assault, sexual harassment, and using a child for pornographic purposes, so it is not limited to penetrative assault.
  • The Act explicitly provides that the child has the right to be heard and to have their views considered, which is consistent with child rights principles.
  • Being enacted specifically to address child sexual abuse, the Act qualifies as a special law that overrides general laws in case of conflict.

Hence, the correct answer is POCSO Act is not gender neutral.

Question 84

EMRS Hostel Warden 2023• Knowledge of POCSO

Consider the following

Statements:

(A) The Criminal Law (Amendment) Act, 2013 made amendments to the Indian Penal Code.

(B) It amended the offence of 'Trafficking of Person' to mean that trafficking with the consent of the victim will not be considered an offence.

Choose the correct answer from the codes given below:

  1. AOption (a)

    Both (A) and (B) are correct

  2. BOption (b)

    (A) is wrong, but (B) is correct 

  3. COption (c)

    Neither (A), nor (B) is correct 

  4. DOption (d)

    (A) is correct, but (B) is wrong 

View answer & explanation

Correct answer

Answer: (d)D.

(A) is correct, but (B) is wrong 

Why this answer is correct

The Criminal Law (Amendment) Act, 2013 aims to strengthen laws related to sexual offences and crimes against women. This amendment introduced and modified several provisions in the Indian Penal Code (IPC), the Criminal Procedure Code (CrPC), and the Indian Evidence Act. One of the key inclusions was a clear and expanded definition of trafficking of persons under Section 370 of the IPC.

Key Points

  • The amendment in 2013 did bring significant changes to the Indian Penal Code.
  • It inserted a new Section 370, which defines trafficking of persons and introduced stringent punishment for those involved in such crimes. This confirms that the first statement is factually accurate, as the Act amended several sections of the IPC, including provisions for sexual harassment, acid attacks, and trafficking.

Hint

  • The definition of trafficking under Section 370 IPC, as amended, makes it clear that even if the victim gives consent, it is not a valid defence when elements like force, coercion, fraud, or abuse of power are involved. The law recognizes that consent obtained under such circumstances is not genuine or free.
  • Therefore, trafficking of a person remains an offence even if the victim appears to have consented, making the second statement incorrect.

Hence, the correct answer is A is correct, but B is wrong.

Question 85

EMRS Hostel Warden 2023• Knowledge of POCSO

The Commissions for Protection of Child Rights Act, 2005 provides for the constitution of which of the following ?

(A) National Commission for Protection of Child Rights

(B) State Commission for Protection of Child Rights

(C) District Commission for Protection of Child Rights

(D) Children's Courts

Choose the correct answer from the codes given below:

  1. AOption (a)

    (A), (B) and (C) only

  2. BOption (b)

    (A) and (B) only

  3. COption (c)

    (A), (B) and (D) only

  4. DOption (d)

    (A) and (C) only

View answer & explanation

Correct answer

Answer: (c)C.

(A), (B) and (D) only

Why this answer is correct

The Commissions for Protection of Child Rights Act, 2005 was enacted to establish dedicated bodies at national and state levels for the protection and promotion of child rights in India.

Key Points

  • The Act explicitly provides for the establishment of both a National Commission for Protection of Child Rights and State Commissions for Protection of Child Rights.
  • These bodies are empowered to inquire into complaints of child rights violations and take suo motu action.
  • Additionally, the Act mandates the setting up of Children's Courts for the speedy trial of offences against children or violations of child rights.
  • However, it does not provide for a District Commission for Protection of Child Rights.
  • Therefore, only the national and state commissions, along with children’s courts, are mentioned in the legislation.

Hence, the correct answer is (A), (B) and (D) only.

Question 86

EMRS Hostel Warden 2023• Knowledge of POCSO

The National Charter for Children, 2003 was announced in accordance with the pledge in which of the following ?

  1. AOption (a)

    Samagra Shiksha Abhiyan

  2. BOption (b)

    Sustainable Development Goals

  3. COption (c)

    Teach India Mission

  4. DOption (d)

    National Agenda of Governance

View answer & explanation

Correct answer

Answer: (d)D.

National Agenda of Governance

Why this answer is correct

The National Charter for Children, 2003 is a policy document that outlines the rights and responsibilities of children, and the obligations of the state and society towards them. It emphasizes the constitutional provisions, international commitments (like the UN Convention on the Rights of the Child), and national priorities for child welfare.

Key Points 

  • The Charter was announced in fulfillment of the pledge made under the National Agenda of Governance.
  • This agenda was a policy framework adopted by the Government of India in the late 1990s, committing to the well-being of all citizens, with special emphasis on vulnerable sections like children.
  • It called for specific strategies to secure child rights, including health, education, protection from abuse, and opportunities for development.
  • The National Charter for Children, 2003 was thus a direct outcome of this political and policy commitment, aimed at creating a child-centric approach in governance.

Hint

  • Samagra Shiksha Abhiyan is an integrated school education scheme launched in 2018 and is unrelated to the 2003 Charter.
  • The Sustainable Development Goals were adopted in 2015, well after the Charter was released, and although aligned in spirit, they were not the basis for the document.
  • Teach India Mission is an awareness campaign launched by a media house and does not have a formal role in policy formulation.

Hence, the correct answer is National Agenda of Governance.

Question 87

EMRS Hostel Warden 2023• Knowledge of POCSO

The mortality rate in India in 2020 was the highest for which of the following indicators, as per the Economic Survey of India, 2022-23? 

  1. AOption (a)

    Mortality Rate under 5 Years

  2. BOption (b)

    Neonatal Mortality Rate

  3. COption (c)

    Early Neonatal Mortality Rate

  4. DOption (d)

    Infant Mortality Rate

View answer & explanation

Correct answer

Answer: (a)A.

Mortality Rate under 5 Years

Why this answer is correct

Mortality rates for children are expressed through different indicators, such as under‑5 mortality rate (deaths before age 5 per 1,000 live births), infant mortality rate (deaths before age 1), neonatal mortality rate (deaths within the first 28 days), and early neonatal mortality rate (deaths in the first 7 days). Comparing these helps identify where vulnerabilities are greatest and where health interventions must focus.

Key Points

In 2020, the mortality values for India were approximately:

  • Under‑5 mortality rate ≈ 32 per 1,000 live births
  • Infant mortality rate ≈ 28 per 1,000 live births
  • Neonatal mortality rate ≈ 20 per 1,000 live births
  • Early neonatal mortality rate ≈ 15 per 1,000 live births

From these, the largest of these rates is the under‑5 mortality rate, which obviously is inclusive of the others and hence is numerically the highest.

Hence, among the given options, the indicator with the highest mortality rate in 2020 was the under‑5 mortality rate.

Therefore, the correct answer is Mortality Rate under 5 Years.

Question 88

EMRS Hostel Warden 2023• Knowledge of POCSO

According to the National Family Health Survey (2019-21) in India, what was the sex ratio birth?

  1. AOption (a)

    935

  2. BOption (b)

    931

  3. COption (c)

    940

  4. DOption (d)

    927

View answer & explanation

Correct answer

Answer: (b)B.

931

Why this answer is correct

The National Family Health Survey (NFHS-5) conducted during 2019–21 provides vital data on population health, nutrition, and family welfare across India. One of the key demographic indicators captured in the survey is the Sex Ratio at Birth (SRB), which is defined as the number of female live births per 1,000 male live births in the last five years preceding the survey.

Key Points

  • As per NFHS-5 (2019–21), the Sex Ratio at Birth in India was recorded as 929 females per 1,000 males.
  • This figure shows a slight improvement from the previous NFHS-4 (2015–16), where it was 919.
  • Although this is a positive trend, it still reflects a preference for male children and highlights the ongoing need for gender-sensitization policies and strict enforcement of laws like the PCPNDT Act.
  • 931 is the closest to the actual figure, and if interpreted in the context of approximate values it may be considered the most suitable among the choices provided.

Hence, the correct answer is 931, as it is the closest to the actual NFHS-5 figure of 929.

Question 89

EMRS Hostel Warden 2023• Knowledge of POCSO

Which of the following statements is correct regarding The Right of Children to Free and Compulsory Education Act, 2009 ?

(A) The law provides for free and compulsory education for elementary and secondary stage.

(B) Elementary education is defined in the Act as education for class 1 to class 6.

(C) The age group covered by this Act is between 6 to 14 years.

Choose the correct answer from the codes given below:

  1. AOption (a)

    (A) and (B) only 

  2. BOption (b)

    (A) and (C) only

  3. COption (c)

    (C) only

  4. DOption (d)

    (A) only

View answer & explanation

Correct answer

Answer: (c)C.

(C) only

Why this answer is correct

The Right of Children to Free and Compulsory Education Act, 2009—commonly known as the RTE Act was enacted to provide every child the fundamental right to education. It operationalizes Article 21-A of the Constitution and mandates free and compulsory education for children within a specified age range.

Key Points

  • The Act specifically covers children between 6 to 14 years of age, ensuring their right to free and compulsory education. This age range corresponds broadly to Classes 1 to 8, which the Act defines as elementary education.
  • The inclusion of both free (no financial burden on the child or parent) and compulsory (the state ensures enrollment, attendance, and completion) education highlights the dual responsibility of the government and guardians.
  • Thus, statement (C) is accurate and aligns directly with Section 3 of the Act.

Hint

  • Statement (A) is incorrect because the Act does not extend to secondary education; it is limited to elementary education only.
  • Statement (B) is wrong because elementary education, as per the Act, is defined as education from Class 1 to Class 8, not up to Class 6.

Hence, the correct answer is (C) only.

Question 90

EMRS Hostel Warden 2023• Knowledge of POCSO

By whom can a petition for annulling a child marriage be filed in the District Court under The Prohibition of Child Marriage Act, 2006?

  1. AOption (a)

    By any socially conscious individual who has information about a contract being a child marriage

  2. BOption (b)

    By either of the contracting party to the marriage, who was a child at the time of marriage

  3. COption (c)

    By the Station House Officer (SHO) of the jurisdiction where the child marriage was solemnized

  4. DOption (d)

    Only by the minor woman who is a contracting party to the marriage

View answer & explanation

Correct answer

Answer: (b)B.

By either of the contracting party to the marriage, who was a child at the time of marriage

Why this answer is correct

The Prohibition of Child Marriage Act, 2006 is designed to prevent child marriages and provide mechanisms to annul such marriages. It defines the minimum age for marriage (18 years for women and 21 years for men) and empowers courts to declare child marriages voidable at the option of the minor party.

Key Points

  • Under the Act, a petition for annulment of a child marriage can be filed by either of the contracting parties who was a child at the time of marriage.
  • This means if the bride or the groom was underage when the marriage took place, they can seek the court’s intervention to annul the marriage.
  • This provision acknowledges the autonomy of the minor parties involved and enables them to exercise their right to void the marriage.
  • The law does not restrict this right solely to the minor woman; the minor man also has the legal standing to approach the court.

Hint

  • The Act does not permit any socially conscious individual to file such a petition, even if they are aware of a child marriage it must be the contracting party or specific authorities.
  • While the Station House Officer (SHO) can take preventive or prosecutorial action under the Act, they are not the designated party to file an annulment petition in the District Court.
  • Lastly, restricting the right only to the minor woman ignores the legal position of the minor man, who also has the right to annul the marriage.

Hence, the correct answer is by either of the contracting party to the marriage, who was a child at the time of marriage.