All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

Practice Mode:
87.

A, a divorcee, applies to a prominent government school in her city for the admission of her child. The child, who is otherwise eligible for admission, is denied admission in the school as his father's name is not mentioned in the application. The school does not accept the mother as the natural guardian of the child stating that only the father of a minor could be the natural guardian. A moves the Court and claims the decision of the school was discriminatory towards women and deprived mothers of the guardianship rights to their own children during the lifetime of the father. Which of the following statements is the mast accurate application of the principle below ?


Principle :

The State is prohibited from discriminating against any citizen on the grounds of religion, race, cast, sex, place of birth, or any of them. However, equal treatment of persons not similarly placed may result in greater discrimination and inequality.
A: A will not succeed as the government, which is empowered to treat persons not similarly situated in a different manner, runs the school.
B: A will not succeed as the father of the child is a natural guardian of the child and she cannot deny his name on the application form.
C: A will succeed as the school's policy discriminates on the basis of the gender of the parent and incorrectly holds that a mother cannot be a guardian of her child.
D: A will not succeed as equal treatment of the mother and the father will result in greater inequality and discrimination.
E: A will not succeed as a mother and a father are not equally placed and a mother cannot take a father's place in the child's life.

The answer is: C

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Explanation

The most accurate application of the principle in this case is:

C: A will succeed as the school's policy discriminates on the basis of the gender of the parent and incorrectly holds that a mother cannot be a guardian of her child.

Explanation:

The principle clearly states that the State is prohibited from discriminating against any citizen on the grounds of sex. In this case, the school's policy, which denies admission to a child because the mother is the applicant and does not recognize her as the natural guardian, discriminates on the basis of the gender of the parent (mother). This policy is in violation of the principle of non-discrimination on the grounds of sex.

Additionally, the principle also mentions that equal treatment of persons not similarly placed may result in greater discrimination and inequality. In this case, the school's policy is treating mothers differently from fathers when it comes to guardianship rights, which is discriminatory. Therefore, A will succeed in her claim that the school's policy is discriminatory towards women and wrongly denies mothers their guardianship rights to their own children during the lifetime of the father.