UGC-NET (NTA) Human Rights and Duties, SEPTEMBER-2024

Under the Indian Patents Act, 1970 (as amended), certain categories of inventions are excluded from patentability, especially on grounds of public interest and health. The following are not patentable:
A. Discoveries of living things - Mere discoveries of living or non-living substances occurring in nature (including plants, animals, and microorganisms) are not inventions under Section 3(c).
B. Traditional knowledge - As per Section 3(p), inventions which are traditional knowledge or aggregation or duplication of known properties of traditionally known components are not patentable.
C. Any treatment method to render humans and animals free of disease - Section 3(i) excludes methods of medical treatment, surgical or therapeutic processes for humans or animals.
D. Inventions that are novel and inventive are, in fact, patentable, provided they meet other criteria like industrial applicability and nonobviousness.
Hence, A, B and C are not patentable, making Option 3 correct.

On the occasion of the World Day to Combat Desertification and Drought (WDCDD) 2024, the theme declared by David Cooper, Executive Secretary of the UN Convention to Combat Desertification, is:
• "United for Land. Our Legacy. Our Future." This comprehensive theme emphasizes:
• The need for global solidarity and unity to restore degraded lands.
• Passing on a healthy planet as a legacy to future generations.
• Ensuring sustainable land use to combat desertification and promote resilience.
Other options listed (A to D) are either partial or incorrect formulations of the official theme. Thus, Option 4: E only is correct.

The Bharatiya Nyaya Sanhita (BNS), 2023, which will replace the Indian Penal Code (IPC), includes several newly codified offences reflecting the changing socio-legal landscape. Notably, the following are inserted as distinct offences:
A. Hate speech - BNS introduces specific provisions to penalize provocative speech promoting enmity on grounds of religion, caste, language, etc.
C. Terrorism - A separate definition and punishment for terrorism has been included to align with international standards.
D. Mob lynching - Recognized as a specific crime for the first time, addressing targeted violence by groups.
B. Same-sex marriage is not a criminal offence, and it is not addressed in BNS, as it is a civil matter, not a penal provision.
Therefore, the correct answer is Option 4: А, Cand Donly.

UNESCO (United Nations Educational, Scientific and Cultural Organization) contributes to peace through international cooperation in education, science, culture, and communication. The following statements are correct:
A. Gender equality is a global priority - UNESCO's strategic objectives prioritize gender equality and women's empowerment in all sectors.
C. Peace must be founded on dialogue and mutual understanding - This is a core belief in UNESCO's constitution, emphasizing intellectual and moral solidarity.
D. Promotes international- cooperation in its mandated areas to build peace, eradicate poverty, and promote sustainable development.
B is incorrect - While culture is a major domain, tourism is not a core priority area of UNESCО, though it may be indirectly involved through cultural heritage preservation.
Hence, the correct set is A, C and D, making Option 4 correct.

Certain Fundamental Rights in the Constitution of India are guaranteed only to Indian citizens, not to foreigners. These include:
A. Equality of opportunity in public employment (Article 16) Only citizens can claim reservation, and equal treatment in matters of employment under the State.
B. Cultural and Educational Rights of minorities (Articles 29 and 30) - These rights protect the language, script, and culture of minorities, and grant them the right to establish and administer educational institutions.
C. Equality before law (Article 14) - Available to both citizens and non-citizens, as it ensures equal protection of laws within the territory of India. D. Freedom of religion (Article 25) - Also applies to both citizens and non-citizens, subject to public order, morality, and health.
Therefore, only A and B are rights exclusive to citizens, making Option 2 the correct answer.

The "Special Procedures" of the United Nations Human Rights Council (UNHRC) are mechanisms that allow thematic or countryspecific human rights monitoring and reporting. These procedures are not judicial in nature but function as investigative and advocacy tools. They consist of:
A. Special Rapporteurs - Independent human rights experts appointed to investigate and report on human rights situations either thematically (e.g., right to food, torture) or in specific countries.
B. Independent Experts - Similar to Rapporteurs, they work on thematic mandates, such as rights of older persons, or albinism.
C. Working Groups - Composed of five independent experts, each from a different UN regicnal group. Examples include the Working Group on Arbitrary Detention.
D is incorrect - While NGOs and Civil Society Organizations (CSOs) support the work of special procedures by providing inputs or collaborating, they are not part of the Special Procedures mechanism itself.
Thus, only A, B, and C are formally part of the Special Procedure structure.

The term "Food Petitions" refers to the public interest litigations (PILs) filed in the 1990s and early 2000s concerning right to food and starvation deaths in India. The Supreme Court responded to these cases by treating right to food as part of Article 21 (Right to Life).
A. Kishen Pattnayak vs. State of Orissa (1989)- This was one of the earliest cases that highlighted starvation deaths in Kalahandi district, leading to demand for food security measures.
B. Indian People's Front vs. State of Orissa - A similar petition demanding government action in response to food insecurity and malnutrition.
C. Saifuddin vs. State of Bombay - This case was related to religious freedom, not food rights.
D. Bandhua Mukti Morcha vs. Union of India - Focused on bonded labor and human dignity, not specifically food-related issues.
Hence, only A and B qualify as "Food Petitions", making Option 1 correct.

Kautilya, in his Arthashastra, proposed a realist and strategic foreign policy framework that includes a combination of ethical governance and tactical diplomacy.
His ideas are known for Mandala Theory and six measures of foreign policy (peace, war, neutrality, etc.).
A. Cultivation of Allies - Emphasized forming alliances to counter threats, especially aligning with the enemy's enemy.
B. Enemies can be eliminated - Acknowledged the strategic necessity of eliminating threats, even through deceit or war.
D. Ruler must behave justly in victory and defeat - Advocated ethical conduct, especially in victory, to maintain legitimacy and long-term power.
C is incorrect - Kautilya actually preferred peace over war, arguing war should be used only when diplomacy fails and when it serves national interest. Hence, Option 1 is correct.

The Bharatiya Nagarik Suraksha Sanhita 70. (BNSS), 2023, intended to replace the Code of Criminal Procedure (CrPC), 1973, introduces progressive reforms with focus on victim-centric justice, transparency, and digital transformation.
A. Right to file Zero FIR and E-FIR - Allows citizens to file an FIR at any police station irrespective of jurisdiction and through electronic means, promoting ease of access.
B. Right to have a copy of FIR without delay - Ensures transparency and accountability by making it mandatory for police to furnish FIR copy promptly.
C. Right of the victim to be heard before withdrawal of a case - A significant addition empowering victims with a say in the continuation or withdrawal of a case, ensuring their rights are considered.
D is incorrect - The BNSS allows police custody beyond seven days, up to 15 days in total, though subject to judicial scrutiny and within the overall 60/90-day limit. Thus, the correct provisions are A, B, and С, making Option 3 correct.

The concept of a "Soft State" was introduced by Gunnar Myrdal, a Swedish economist, in his book "Asian Drama: An Inquiry into the Poverty of Nations" (1968). It refers to the institutional weakness of states that leads to ineffective governance and enforcement.
A. Selective use or absence of use of coercive instruments - Characterizes inconsistent or lenient application of laws, leading to a gap between law and practice.
B. Lenient attitude of state towards social deviance - Tolerance towards law-breaking behavior, such as corruption, caste violence, etc., reflects a soft state's failure.
С. Introduced by Gunnar Myrdal in 'Asian Drama' - The term was specifically used to describe South Asian countries, including India, where laws exist but enforcement is weak.
D. is incorrect - The use of coercion by army, police, and judiciary is a hallmark of a strong state, not a soft one. Hence, Option 1 is the most accurate representation of the term "Soft State".