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Goa University G.R. Kare College of Law, Margao, Goa LL.M. Semester IV Human Rights IV July 2014 Jun 2012 July 2011 Jan 2011, July 2010, Jan 2009, July 2008, Jan 2008, July 2007, Jan 2007, July 2006 Jan 2006, 2005

Goa University G.R. Kare College of Law, Margao, Goa LL.M ...Pregnancy Act, 1972 and how far it affects the rights of women in general and the right to be born of the foetus in particular

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Page 1: Goa University G.R. Kare College of Law, Margao, Goa LL.M ...Pregnancy Act, 1972 and how far it affects the rights of women in general and the right to be born of the foetus in particular

Goa University

G.R. Kare College of Law, Margao, Goa

LL.M. Semester IV

Human Rights IV

July 2014

Jun 2012

July 2011

Jan 2011,

July 2010,

Jan 2009,

July 2008,

Jan 2008,

July 2007,

Jan 2007,

July 2006

Jan 2006,

2005

Page 2: Goa University G.R. Kare College of Law, Margao, Goa LL.M ...Pregnancy Act, 1972 and how far it affects the rights of women in general and the right to be born of the foetus in particular

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LL.M. (Semester - IV) Examination, July 2014 HUMAN RIGHTS- IV

DBK-129

Duration : 3 Hours Total Marks: 75

Instructions : a) Answer any five questions. b) All questions carry equal marks.

1. Assess the ethical foundation of equality and its implications on affirmative action for selective groups.

2. Discuss the regulation on removal of human organs under the Transplantation of Human Organs Act, 1994, with special reference to regulatory measures on hospitals.

, 3. Discuss the modes of administering euthanasia and human rights implications in a global context.

4. Explain the various provisions of the Nuremberg Code of 1947 as to permissible medical experiments.

5. Discuss Right to Development and its positive outcome on human rights as a whole.

6. Examine critically the effect of "miracle seed's on genetic diversity.

7. Critically analyse the scheme and objective of the Medical Termination of Pregnancy Act, 1972 and how far it affects the rights of women in general and the right to be born of the foetus in particular. Provide suggestions for legislative change, if any required.

8. Discuss the various regulations on pre natal diagnostic techniques as under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.

Page 3: Goa University G.R. Kare College of Law, Margao, Goa LL.M ...Pregnancy Act, 1972 and how far it affects the rights of women in general and the right to be born of the foetus in particular

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Page 4: Goa University G.R. Kare College of Law, Margao, Goa LL.M ...Pregnancy Act, 1972 and how far it affects the rights of women in general and the right to be born of the foetus in particular

...

G -1295

\tl o:J-JLo)j

(-r1uMJ5~~ (Pages: 01)

(Total No. of Questions: 8]

LL.M. (Semester - IV) Examination, July 2011

HUMAN RIGHTS-IV

BSM-31

Duration: 3 Hours Total Marks : 75

Instructions : 1) A11swer a11y Five questions.

2) All questions carry equal marks.

(5 X 15 = 75]

Ql) Comment on the Medical Termination of Pregnancy Act, 1972, and how far it balances

the rights of women and of the foetus, with reference to ethical concerns involved.

Suggest suitable legislative change.

Q2) Examine critically the effect of "miracle seeds' on genetic diversity.

Q3) Evaluate right to development as a slate obligation under the various proclamations

of the Declaration on the Right to Development of the UN General assembly.

Q4) Discuss the modes of administering euthanasia and human rights implications in a global

context.

QS) Explain the various provisions of the Nuremberg Code of 1947 as to permissible

medical experiments.

Q6) Discuss Transplantation of Human Organs Act, 1994, with special reference to

regulatory measures on removal of human organs.

Q7) Evaluate the basis of equality as a human right attitude for selective discrimination .

Q8) Enumerate the significant features of the Convention on Human Rights and.

Biomedicine with special reference lo the entitlements listed therein.

Page 5: Goa University G.R. Kare College of Law, Margao, Goa LL.M ...Pregnancy Act, 1972 and how far it affects the rights of women in general and the right to be born of the foetus in particular

G -1295 (Pages: 01)

[Total No. of Questions : 8]

LL.M. (Semester- IV) Examination, July 2011

HUMAN RIGHTS- IV

BSM-31

Duration : 3 Hours Total Marks : 75

Instructions .: 1) Answer any Five questions.

2) All questions carry equal marks.

[5 X 15 = 75]

Ql) Comment on the Medical Termination of Pregnancy Act, 1972, and how far it balances

the rights of women and of the foetus, with reference to ethical concerns involved.

Suggest suitable legislative change.

Q2) Examine critically the effect of "miracle seeds' on genetic diversity.

Q3) Evaluate right to development as a state obligation under the various proclamations

of the Declaration on the Right to Development of the UN General assembly.

Q4) Discuss the modes of administering euthanasia and human rights implications in a global

context.

QS) Explain the various provisions of the Nuremberg Code of.1947 as to permissible

medical experiments.

Q6) Discuss Transplantation of Human Organs Act, 1994, with special reference to

regulatory measures on removal of human organs.

· Q7) Evaluate the basis of. equality as a human right attitude for selective discrimination:

Q8) Enumerate the significant features of the Convention on Human Rights and

Biomedicine with special reference to the entitlements listed therein.

Page 6: Goa University G.R. Kare College of Law, Margao, Goa LL.M ...Pregnancy Act, 1972 and how far it affects the rights of women in general and the right to be born of the foetus in particular

1111111111111111111111

LL.M. (IV Semester) Examination, January 2011 HUMAN RIGHTS (Paper- IV)

Duration : 3 Hours

Instructions : 1) Answer any five questions. 2) All questions carry equal marks.

BM-61

Max. Marks : 7 5

(15x5=75)

1. Discuss the Medical Termination of Pregnancy Act, 1971 and bring out clearly when Pregnancies may be terminated by registered medical practitioner and the place where they may be terminated.

2. Outline the purpose ofTransplantation ofHuman Organs Act, 1994 and discuss in detail provisions on Removal of Human Organs.

3. Discuss the various objectives of the Atomic Energy Act, 1962 and bring out clearly the General powers of Central Government in controlling the misuse of Atomic energy.

4. Discuss the right to development as a universal and inalienable right and an integral part of human rights.

5. Discuss "Distinct Miracle seeds" and the "Distinct Genetic Diversities".

6. What is ethics ? Explain equality principle and its implication.

7. Examine the legal framework in India to protect the human rights of the disabled and prevention of discrimination towards of disabled.

8. Discuss the Nuremberg Code of 1947 on permissible medical experiments.

Page 7: Goa University G.R. Kare College of Law, Margao, Goa LL.M ...Pregnancy Act, 1972 and how far it affects the rights of women in general and the right to be born of the foetus in particular

I IUlllllillllll~ 1111111111 11111111

Duration: 3 Hours

LL.M. (Sem.- IV) Examination, July 2010 HUMAN RIGHTS (Paper- IV)

Instructions : 1) Answer any five questions. 2) All questions carry equal marks.

BSM - 120

Max. Marks: 75

(15x5=75)

1. Outline the main provisions of Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 and discuss in details the provisions on Regulation ofPre-natal Diagnostic Techniques.

2. Explain the purpose of the Transplantation of Human Organs Act, 1994 and discuss in detail Offences and Penalties.

3. Explain the Atomic Energy Act, 1962 and discuss in detail principles relating to payment of compensation to victims.

4. Discuss Right to Development and how it encompasses the whole section of human rights, civil, cultural, political etc.

5. Critically evaluate the various issues and consequences resulting from the destruction of genetic diversity by the use of"Terrninator Seeds".

6. What are ethics? Explain the concept of practical ethics and its implications on the equality principles.

7. Discuss the emergence of Alternative Paradigm for Human Rights.

8. Discuss the Declaration of Helsinki (1964) on ethical principles for medical communities.

Page 8: Goa University G.R. Kare College of Law, Margao, Goa LL.M ...Pregnancy Act, 1972 and how far it affects the rights of women in general and the right to be born of the foetus in particular

IIUI~II mmu1~m 1~ n1~11

LL.M. IV Semester Examination, January 2009 HUMAN RIGHTS (Paper -IV)

Duration : 3 Hours

Instructions : 1) Answer any five questions. 2) All questions carry equal marks.

NNK-37

Max Marks: 75

1. As per the Medical Termination of Pregnancy Act 1971, there are certain grounds on which a pregnancy may be terminated. Explain and evaluate these grounds on the basis of Human Rights protection of the unborn child.

2. Examine in detail, how far the regulation on genetic counseling centers according to the Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act 1994 protects the human rights of an unborn child. Critically evaluate how far these regulations are effective.

3. The transplantation of Human Organs Act, 1994 is meant to prevent commercialization of human organs. However, the Act permits removal, preservation and transplantation of human organs. Discuss these regulations in terms of a human rights perspective. ·

4. The Atomic Energy Act, 1962lays down special provisions as to safety as well as disclosure of information. Examine how far, they relate to the Human Right to health.

5. The Information Technology Act, 2000 lays down certain provision to protect the privacy of individual users. Examine the affectivity of these provisions as a measure of protection of the human right to privacy of individuals.

6. Examine the provisions of the Nuremberg Code 1947 regarding permissible medical experiments as a measure to protect human rights.

7. Examine how far the human right to development is enshrined and protected by the UN Declaration on the Right to Development of 4th December 1986.

8. Write short note on any two:

a) Right to preserve indigenous culture and practices.

b) Supreme courts role in protecting Human rights.

c) Ethics of cloning.

Page 9: Goa University G.R. Kare College of Law, Margao, Goa LL.M ...Pregnancy Act, 1972 and how far it affects the rights of women in general and the right to be born of the foetus in particular

llllllllllllllllllllll m~ II Jim

LL.M. (Semester IV) Examination, July 2008 HUMAN RIGHTS (Paper IV)

Duration : 3 Hours

Instructions: 1) Answer any five questions. 2) All questions carry equal marks.

NNK-37

Max. Marks : 75

1. The transplantation of Human Organs Act, 1994 permits removal, preservation and transplantation of human organs. Discuss these regulations in terms of a Human Right~ perspective.

2. Universal declaration on the human genome and Human Rights 1997 enshrines the basic principles of human dignity and hu1nan genome. Discuss.

3. Examine how human genome is protected during scientific research according to the convention for the protection of human rights and dignity of the human being with regard to the application of biology and medicine : Convention of Human Rights and bio-medicine of 1997.

4. Examine critically how the concept of equality can be used as an ethical value in practice to protect human rights.

5. Critically evaluate as to how the Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act 1994 protects the human rights of unborn child.

6. Examine critically how advances in bio-technology can be a hindrance to protection of human rights.

7. Examine critically how the development can be used to protect and promote human rights.

8. Write short note on any two :

a) Protection of indigenous people through intellectual property rights

b) Right to information as human rights

c) Right to development.

Page 10: Goa University G.R. Kare College of Law, Margao, Goa LL.M ...Pregnancy Act, 1972 and how far it affects the rights of women in general and the right to be born of the foetus in particular

LL.M. (Semester - IV) Examination, January 2008 HUMAN RIGHTS (Paper- IV)

TNY-6

Time : 3 Hours Total Marks : 7 5

Instructions: a) Answer any five questions. b) Each question carries 15 marks.

1. Evaluate the importance given for human rights protection under the Medical Termination of Pregnancy Act, 1971.

2. Explain and analyze the basic human rights values in the declaration of Halsinki by the World Medical Association.

3. What is Human Genome ? Critically analyze the international legal regime for protection of Human Genome.

4. How far the development in Biotechnology is in conflict with Human Rights Protection in a developing country like India ?

5. Discuss the basic principles of the Universal Declaration of Human Rights of Bio-ethics and Human Rights of October 2005.

6. Examine the declaration of Right to development and various aspects of Human Rights protection.

7. Evaluate how far professional ethics can be used as an effective method in the protection of Human Rights.

8. Answer the following:

a) Rights of Disabled

b) Digital Signature.

Page 11: Goa University G.R. Kare College of Law, Margao, Goa LL.M ...Pregnancy Act, 1972 and how far it affects the rights of women in general and the right to be born of the foetus in particular

TNY- 04

LL.lV1. Degree (Semestt:r- IV) Examination, July 2007 HUIVIAN RIGHTS (Paper- IV)

i me : 3 Hours Total Marks : 75

Instructions: a) Answer any five questions. b) Each question carries 15 marks.

1. Freedom of scientific research shouldn't infringe upon the Human Rights of underprivileged. Comment.

.-'

2. Examine the basic principles of Declaration of Halsinki on World Medical Association ,

3. How far the genetic manipulation will have impact on the India farming sector ? Cri lically evaluate.

4. Critically analyze scientific advancement and its effects on our environment in lhl! present contexl.

5. Selective discrin1ination and Human Rights Protectjon go hand in hand. Comment on this aspect.

6. Critically analyze the basic principles of the Universal Declaration on Bioethics and Human Rights of October 2005.

Examine the various protections to Human Dignity in the Universal Declaration on the Human Genome and Human Rights 1997.

Answer the following :

a) Rights of indigenous people

b) Practical ethics.

Page 12: Goa University G.R. Kare College of Law, Margao, Goa LL.M ...Pregnancy Act, 1972 and how far it affects the rights of women in general and the right to be born of the foetus in particular

. .. -- LL.M. (Semester IV) Examination, January 2007 HUMAN RIGHTS (Paper- IV)

Duration : 3 Hours

Instructions : 1) Answer any 5 questions. 2) All questions cany equal marks.

MAH-12

Max. Marks: 75

I. According to the transplantation of the Human Organs Act 1994 eyaluate the /

regulation as to registration of hospitr ls ,and the offences for violation of the provisions of the Act.

2. The Prenatal Diagnostics Techniques Act 1974 prevents sex, determination as a basis to prevent selective abortion of foetus. Comment.

3. Examine the main provisions of the additional protocol of the Convention for the Protection of Human Rights and dignity of human being with regard to prohibition of cloning of human beings.

4 . Examine the various proclamations of human dignity and human genome of the Universal Declaration of Human Genome and Human Rights 1997.

5. Critically evaluate the seven steps for human development set out by the World Development Indicators. How far India fulfills these indicators ?

6. Explain in your opinion how far the Genetic Manipulation Technology in the production of seeds is harmful to the Indian farming sector.

7. Evaluate the basis of equality as a human right attitude for selective discrimination.

8. Write short notes :

a) Safety and atomic energy

b) Digital signature.

Page 13: Goa University G.R. Kare College of Law, Margao, Goa LL.M ...Pregnancy Act, 1972 and how far it affects the rights of women in general and the right to be born of the foetus in particular
Page 14: Goa University G.R. Kare College of Law, Margao, Goa LL.M ...Pregnancy Act, 1972 and how far it affects the rights of women in general and the right to be born of the foetus in particular

uration: 3 Hours

LL.M. (Semester IV) Examination, 2006 HUMAN RIGHTS (Paper IV)

Instructions: 1) Answer any 5 questions. 2) All questions carry equal marks.

Max Marks:~

1. How far the Transplantation of the Human Organs Act 1994 regulates removal and transplantation of human organs.

Critically evaluate the provisions for registration of genetic counselling centers and regulation of their activities under Prenalll Diagnostic Technology Act 1974.

Explain the basic principles of the Declaration of Helsinki of the World Medical Association.

Examine the various provisions as to protection of human genome and protection of persons undergoing research according to the Convention for the Protection of Human rights and human technology of the Human Being 1997.

Critically evaluate the need to have integrated approach towards environment, development and human rights.

Examine what are the benefits and disadvantages of the biotechnology development in a predominantly agricultural country like India.

. How far the principle of practical ethics and equality as an attitude could help in the protection of human rights ?

Write short notes:

a) Secure electronic records

b) Rights of the disabled.

Page 15: Goa University G.R. Kare College of Law, Margao, Goa LL.M ...Pregnancy Act, 1972 and how far it affects the rights of women in general and the right to be born of the foetus in particular

LL.M. SEMESTER IV :! ~on . 2..~ 0 6

HUMAN RIGHTS PAPER IV

Duration : 3 Hours. Maximum Marks : 75

Instructions : I) Answer any 5 questions. 2) All questions cany equal marks.

I. Critically evaluate the provisions of the Transplantation of Human Organs Act 1994 in terms of prevention of trafficking in human organs.

2. Evaluate to what extent the Medical Termination of Pregnancy Act 1971 prevents and regulates intentional termination of pregnancy.

3. Explain the various provisions of the Nuremberg Code of 194 7 as to permissible medical experiments.

4. Critically analyze the various proclamations of the Declaration on the Right to Development of the UN General Assembly of 4th December 1986 on the obligation of the state to promote and protect right to development.

5. Evaluate the need to protect human rights and also to encourage development according to Article I of the Declaration on the Right to Development.

6. Examine critically how far the politics of Green Revolution has damaged the formation of development.

7. Evaluate critically the basic principles of practical ethics as criteria for protection of human rights.

8. Write short notes: a. Human Genome b. Right to Information.

*******

Page 16: Goa University G.R. Kare College of Law, Margao, Goa LL.M ...Pregnancy Act, 1972 and how far it affects the rights of women in general and the right to be born of the foetus in particular

HU~tfAN lUGl-l TS PAJ?ER IV

Duration : 3 fk,urs. Maximun1 Marks : 75

Instructions : I) Answer wny 5 cp~~stions :2) A ll cp estions carry f:qua] narks .

1. Vv"hat an; ethics? [~~plain th•~ ~o:ncept o:· pYactical ethic·:; and its implic;ltions on the cGual i ty principle.

2. (';-it ically t~·v a!uate ll'e vcu·ious issues a-.:..cl t..:onsequenc:es resulting from tte destruction of genet ic diversity hy the use (ff '"':Cerrn i:i1r.ttnr Seeds~'.

3. \V'hat are the basic :~,rinciplE:s o f Helskle Dedaration J un.e 1964 and the Declaration of Right to Developn11.~nt ofDecce:rnber 19B(}?

4. Vv'hat are the general restrictions irnposed in the use of human being for medical experiments according to the Convention ofHurnan Rigl1ts and bio medics of 1977.

5. Critically e'valuate tite provisio.-~s o f1h~ Jufcnm.ation Tec:bnology Act in protection of privacy and punishment for the invasiont)f p.ri:v;~cy.

6. Critically e'valuate ltl tt~rms of ~ !)c ial ju..::t:i ::1:: The Deve]op.ment Report of the World Sumn1it for Social Developnlt:~I l.t 1 995.

7. Analyze (.f itic.ally tbe need to balaJ1C:e be:t>h 'e,~n develo~n-r1~mt and protection of human rights in Hw Indian context.

8. Examine the critically the p:rov ~sioJ t3 oftli.r.! Prenatal Dia~~nostic Teclmique 1994 relating to regulation of l)rcnatHl diagn<:.st i{; lechnique~i .

* :f· * ;;. * * ·~