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Organized by JLU School of Law INTRODUCTION FEBRUARY 14 th – 16 th (IV edition of JLU Moot Court Competition) 2 n d S A A RC L A W - JLU MOOT C O URT COMPETITION 2 0 2 0

Transcript of INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our...

Page 1: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

South Asian Association for Regional Co - operation in Law, SAARCLAW, is an association of the legal

communities of the SAARC countries comprising judges, lawyers, academicians, law teachers, public officers

and a host of other law-related persons, duly registered with the SAARC Secretariat at Kathmandu and

awarded the status of a Regional Apex Body of SAARC . It owes its origin to the desire of the members of the

legal community to establish an association within the SAARC region to disseminate information and to

promote an understanding of the concerns and developments of the region.

"SAARCLAW-JLU Moot Court Competition 2019 was convened from February 15 to 17, 2019. The mega

event saw a gathering of distinguished jurists, legal luminaries, practitioners and budding lawyers from India

and other SAARC countries".

ABOUT SAARCLAW

ABOUT SAARCLAW - JLU MOOT COURT COMPETITION, 2019

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

Organized by JLU School of Law

INTRODUCTION

FEBRUARY 14 th – 16 th

(IV edition of JLU Moot Court Competition)

2nd SAARCLAW - JLUMOOT COURT

COMPETITION 2020

Page 2: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020 2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

My coach said I ran like a girl,I said if he could run a little faster he could too- Mia Hamm

“Ambitions define a man's future whereas education designs his pathway towards it.”

At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes

self- awareness and competency. Founded on life-enriching values, we are a completely government

recognized and approved state private university under section 2(f) of UGC Act 1956, Government of India.

Recognised as Global League Institute in 2015 & 2016 By The Great Place To Study Research Institute and

ranked as No1 Private University by Career 360 for 2017, the university has become vital part of Central India

in short span of 5 years. JLU is a practice-based University, which carries forward the legacy of Jagran Social

Welfare Society in being a pioneer in provision of quality education. The courses on offer through various

Schools embody the University’s longstanding commitment to leadership and innovation in higher education.

The curriculum for individual course is designed through a perfect blend of inputs from renowned

academicians and industry leaders who are a part of our academic advisory board. The academics at JLU are

of the highest global aliber and are committed to excellence in teaching and learning.

ABOUT JLU

The School of Law fosters comprehensive legal education to a diverse and talented body of students. The

students are exposed to new ideas, international perspectives, and innovative teaching in an encouraging

and open academic environment. With a high quality education bolstered by unique work experiences, our

graduating students are well equipped with the skills they need to succeed in a diverse set of fields, in India

and abroad. We are engaged in achieving the prime goal of producing competent legal professionals with

requisite knowledge, skills and character with a commitment towards justice, human values and social

welfare. All programs at JLU School of Law are approved by Bar Council of India.

ABOUT JLU SCHOOL OF LAW

Page 3: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020 2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

My coach said I ran like a girl,I said if he could run a little faster he could too- Mia Hamm

“Ambitions define a man's future whereas education designs his pathway towards it.”

At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes

self- awareness and competency. Founded on life-enriching values, we are a completely government

recognized and approved state private university under section 2(f) of UGC Act 1956, Government of India.

Recognised as Global League Institute in 2015 & 2016 By The Great Place To Study Research Institute and

ranked as No1 Private University by Career 360 for 2017, the university has become vital part of Central India

in short span of 5 years. JLU is a practice-based University, which carries forward the legacy of Jagran Social

Welfare Society in being a pioneer in provision of quality education. The courses on offer through various

Schools embody the University’s longstanding commitment to leadership and innovation in higher education.

The curriculum for individual course is designed through a perfect blend of inputs from renowned

academicians and industry leaders who are a part of our academic advisory board. The academics at JLU are

of the highest global aliber and are committed to excellence in teaching and learning.

ABOUT JLU

The School of Law fosters comprehensive legal education to a diverse and talented body of students. The

students are exposed to new ideas, international perspectives, and innovative teaching in an encouraging

and open academic environment. With a high quality education bolstered by unique work experiences, our

graduating students are well equipped with the skills they need to succeed in a diverse set of fields, in India

and abroad. We are engaged in achieving the prime goal of producing competent legal professionals with

requisite knowledge, skills and character with a commitment towards justice, human values and social

welfare. All programs at JLU School of Law are approved by Bar Council of India.

ABOUT JLU SCHOOL OF LAW

Page 4: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

South Asian Association for Regional Co - operation in Law, SAARCLAW, is an association of the legal

communities of the SAARC countries comprising judges, lawyers, academicians, law teachers, public officers

and a host of other law-related persons, duly registered with the SAARC Secretariat at Kathmandu and

awarded the status of a Regional Apex Body of SAARC . It owes its origin to the desire of the members of the

legal community to establish an association within the SAARC region to disseminate information and to

promote an understanding of the concerns and developments of the region.

"SAARCLAW-JLU Moot Court Competition 2019 was convened from February 15 to 17, 2019. The mega

event saw a gathering of distinguished jurists, legal luminaries, practitioners and budding lawyers from India

and other SAARC countries".

ABOUT SAARCLAW

ABOUT SAARCLAW - JLU MOOT COURT COMPETITION, 2019

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

Organized by JLU School of Law

INTRODUCTION

FEBRUARY 14 th – 16 th

(IV edition of JLU Moot Court Competition)

2nd SAARCLAW - JLUMOOT COURT

COMPETITION 2020

Organized by JLU School of Law

MOOT PROPOSITION

FEBRUARY 14 th – 16 th

(IV edition of JLU Moot Court Competition)

2nd SAARCLAW - JLUMOOT COURT

COMPETITION 2020

Page 5: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

Organized by JLU School of Law

MOOT PROPOSITION

FEBRUARY 14 th – 16 th

(IV edition of JLU Moot Court Competition)

2nd SAARCLAW - JLUMOOT COURT

COMPETITION 2020

Page 6: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020 2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

1. The Penal Code of Union of Prosperia i.e., Prosperian Penal Code, 1860 criminalised causing miscarriage

of a woman except where it is necessary for the purpose of saving the life of the woman. The provisions

are similar to Union of Prosperian Penal Code, 1860 as reproduced in Annexure A.

2. However, in 1971 Medical Termination of Pregnancy Act (MTP Act) was passed in Union of Prosperia

which decriminalised only certain kinds of abortion. Relevant provisions are reproduced in Annexure B.

3. The Constitution of Union of Prosperia, which is identical to Union of Prosperian Constitution recognizes

various rights enumerated in Part III of its Constitution. The Supreme Court of Union of Prosperia has

given wide interpretation to Right to Life recognized by its Constitution although those rights are not

specifically enumerated in the Constitution. Relevant provisions of the Constitution as reproduced in

Annexure C.

4. The Union of Prosperia, is a secular country located in South Asia. From 180 BC, many other countries

invaded Prosperia and many dynasties ruled Prosperia around the year 1000. In the 1600s, European

countries invaded Prosperia and the British controlled most of Prosperia by 1856. In the early 1900s,

people of Prosperia peacefully started to protest against British control. Prosperia got its independence

in the year 1947.

5. Prosperia has rich social composition, as many religions have originated in the country and few religions

of foreign origin have also flourished here. Prosperia has the distinction of being the land from where

various religions have originated and at the same time the country is home to several indigenous faiths

tribal religions which have survived the influence of major religions for centuries and are holding the

ground firmly. Regional co-existence of diverse religious groups in the country makes it really unique.

Around 80% of Prosperians are Hindus, 14% Muslims while 2% follow Christianity and remaining 4%

follow other religions since time immemorial. There is no intervention of the State in religious matters.

The Constitution of Union of Prosperia provides for freedom of religion as a fundamental right, to give to

its people the freedom of worship and religion and to outlaw discrimination on the ground of religion.

All religions are governed by their personal laws which are governing marriage, divorce, succession, etc.

Religious diversity and religious tolerance were both established in the country by law & custom.

6. Ms. Smita, an unmarried woman was in a live-inrelationship with her partner, Firoz. She is the Head of

Sales & Marketing in a leading Multi-National Company. She discovers that she is eleven weeks pregnant

and this conception happened due to the failure of contraceptive device used. As it was an unplanned

pregnancy, she did not want to go ahead with it. She contends that the pregnancy will be an obstacle in

her career therefore; she went to have an abortion. However, the Medical Practitioner refused to do

abortion as it was not in accordance with the provisions of the MTP Act.

7. Mrs. Meena discovers in 22nd week of her pregnancy that her foetus suffers from a cardiac anomaly

which would require multiple corrective surgeries. However, according to the medical practitioner even

after these surgeries the child may not survive for more than six months after birth. Mrs. Meena then

ANNEXURE A

112. Causing miscarriage: Whoever voluntarily causes a woman with child to miscarry, shall if such

miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished

with imprisonment of either description for a term which may extend to three years, or with fine, or with

both; and, if the woman be quick with child, shall be punished with imprisonment of either description

for a term which may extend to seven years, and shall also be liable to fine.

Explanation - A woman who causes herself to miscarry, is within the meaning of this section.

113. Causing miscarriage without woman's consent: Whoever commits the offence defined in the last

preceding section without the consent of the woman, whether the woman is quick with child or not,

shall be punished with [imprisonment for life], or with imprisonment of either description for a term

which may extend to ten years, and shall also be liable to fine.

114. Death caused by act done with intent to cause miscarriage: Whoever, with intent to cause the

miscarriage of a woman with child, does any act which causes the death of such woman, shall be

punished with imprisonment of either description for a term which may extend to ten years, and shall

also be liable to fine;

If act done without woman's consent - and if the act is done without the consent of the woman, shall

be punished either with [imprisonment for life], or with the punishment above mentioned.

Explanation - It is not essential to this offence that the offender should know that the act is likely to

cause death.

115. Act done with intent to prevent child being born alive or to cause it to die after birth: Whoever

before the birth of any child does any act with the intention of thereby preventing that child from being

born alive or causing it to die after its birth, and does by such act prevent that child from being born

alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of

saving the life of the mother, be punished with imprisonment of either description for a term which may

extend to ten years, or with fine, or with both.

316. Causing death of quick unborn child by act amounting to culpable homicide: Whoever does any act

under such circumstances, that if he thereby caused death he would be guilty of culpable homicide,

and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of

either description for a term which may extend to ten years, and shall also be liable to fine.

ANNEXURE B

1. Definitions - In this Act, unless the context otherwise requires,- (a) "guardian" means a person having

the care of the person of a minor or a lunatic;

b. "lunatic" has the meaning assigned to it in Sec.3 of the Indian Lunacy Act, 1912 (4 of 1912) ;

wanted to have an abortion but was refused by her medical Practitioner as the condition was not life

threatening for her.

8. Ms. Supriya, a rape victim came to know that she is 25 weeks pregnant. This pregnancy constantly

reminded her of the horror she had been through. Therefore, she decided to have an abortion. However,

her request for abortion was denied by the Medical Practitioner.

9. Tara is married to Sumit for three years. She had been a victim of domestic violence as Sumit used to

physically abuse her in the past. She decided to end the marriage but her family forced her to stay with

Sumit and give another chance to her marriage. After few years of marriage, Tara got pregnant. In the

19th week of her pregnancy, she discovers that Sumit is a drug addict. When she confronted Sumit, he

got angry and hit her. She was seriously injured and had to be hospitalized. She realises that Sumit is

incorrigible. So, she decides to end the marriage and further she decides not to give birth to Sumit’s

child. She went to a Medical Practitioner who refuses to perform an abortion as she was in the 21st week

of her pregnancy.

10. Mrs. Preeti, a married woman is 29 weeks pregnant. Her marital life is happy and she has a supporting

husband. However, one fine day she at the advance stage of her pregnancy tells her husband that she

does not feel like going ahead with the pregnancy. They approach the doctor in 30th week of her

pregnancy; doctor refuses to perform an abortion since it is not necessary for saving her life.

11. These 6 women have approached the Supreme Court of Union of Prosperia by means of writ petition

challenging the refusal of abortions and also the constitutionality of various provisions of MTP Act.

12. Religious group called ‘Save the Life’ has filed an application in the court opposing their prayer saying

abortion is against the religion.

ISSUES

I. Whether the Writ Petition maintainable before the Supreme Court?

II. Whether Ms. Smita can claim absolute right to termination of pregnancy at 11th week of pregnancy?

III. Whether the law enforced in X which says that pregnancy beyond 20th week can be terminated only if it

is necessary to save the life of the woman constitutionally valid?

IV. Whether Preeti can claim absolute right to termination of pregnancy at 30th week of pregnancy like

Smita?

V. Whether the right claimed by the religious group ‘Save the Life’ enjoys protection under the Constitution

of X and if yes whether it override the reproductive rights of these women?

VI. Whether a foetus enjoys Right to life under the Constitution of?

Note - Laws of Union of Prosperia are pari-materia with that of India.

c. "minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875), is to

be deemed not to have attained his majority,

d. "registered medical practitioner" means a medical practitioner who possesses any recognized

medical qualification as defined in Cl.(h) of Sec. 2 of the Indian Medical Council Act, 1956 (102 of

1956), whose name has been entered in a State Medical Register and who has such experience or

training in gynaecology and obstetrics as may be prescribed by rules made under this Act.

2. When Pregnancies may be terminated by registered medical practitioners.- (1) Notwithstanding

anything contained in the Union of Prosperian Penal Code (45 of 1860), a registered medical

practitioner shall not be guilty of any offence under that Code or under any other law for the time being

in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.

3. Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical

practitioner,-

a. where the length of the pregnancy does not exceed twelve weeks if such medical practitioner is, or

b. where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not

less than two registered medical practitioners are. Of opinion, formed in good faith, that,-

i. the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of

grave injury physical or mental health ; or

ii. there is a substantial risk that if the child were born, it would suffer from such physical or mental

abnormalities as to be seriously handicapped.

Explanation-1: Where any, pregnancy is alleged by the pregnant woman to have been caused by rape,

the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental

health of the pregnant woman.

Explanation-2: Where any pregnancy occurs as a result of failure of any device or method used by any

married woman or her husband for the purpose of limiting the number of children, the anguish caused

by such unwanted pregnancy may be presumed to constitute a grave injury to the mental health of the

pregnant woman.

(3) In determining whether the continuance of pregnancy would involve such risk of injury to the health

as is mentioned in sub-section (2), account may be taken of the pregnant woman's actual or reasonable

foreseeable environment.

(4) (a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having

attained the age of eighteen years, is a lunatic, shall be terminated except with the consent in writing

of her guardian.

(b) Save as otherwise provided in C1.(a), no pregnancy shall be terminated except with the consent of

the pregnant woman.

4. Place where pregnancy may be terminated.-No termination of pregnancy shall be made in accordance

with this Act at any place other than,-

a. a hospital established or maintained by Government, or

b. a place for the time being approved for the purpose of this Act by Government.

5(1). The provisions of section 4, and so much of the provisions of sub-section (2) of section 3 as relate to

the length of the pregnancy and the opinion of not less than two registered medical practitioners, shall

not apply to the termination of a pregnancy by a registered medical practitioner in a case where he is

of opinion, formed in good faith, that the termination of such pregnancy is immediately necessary to

save the life of the pregnant woman.

(2). Notwithstanding anything contained in the Union of Prosperian Penal Code (45 of 1860), the

termination of pregnancy by a person who is not a registered medical practitioner shall be an offence

punishable with rigorous imprisonment for a term which shall not be less than two years but which may

extend to seven years under that Code, and that Code shall, to this extent, stand modified.

(3). Whoever terminates any pregnancy in a place other than that mentioned in section 4, shall be

punishable with rigorous imprisonment for a term which shall not be less than two years but which may

extend to seven years.

(4). Any person being owner of a place which is not approved under clause (b) of section 4 shall be

punishable with rigorous imprisonment for a term which shall not be less than two years but which may

extend to seven years.

Explanation-1: For the purposes of this section, the expression “owner” in relation to a place means

any person who is the administrative head or otherwise responsible for the working or maintenance of

a hospital or place, by whatever name called, where the pregnancy may be terminated under this Act.

Explanation-2: For the purposes of this section, so much of the provisions of clause (d) of section 2 as

relate to the possession, by registered medical practitioner, of experience or training in gynaecology

and obstetrics shall not apply”.

ANNEXURE C

13. (1) All laws in force in the territory of Union of Prosperia immediately before the commencement of this

Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such

inconsistency, be void.

14. The State shall not deny to any person equality before the law or the equal protection of the laws within

the territory of Union of Prosperia.

21. No person shall be deprived of his life or personal liberty except according to procedure established

by law

25. (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are

equally entitled to freedom of conscience and the right freely to profess, practise and propagate

religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making

any law—

a. Regulating or restricting any economic, financial, political or other secular activity which may be

associated with religious practice;

b. Providing for social welfare and reform or the throwing open of Hindu religious institutions of a

public character to all classes and sections of Hindus.

Explanation-I: The wearing and carrying of kirpans shall be deemed to be included in the profession of

the Sikh religion.

Explanation-II: In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a

reference to persons professing the Sikh, Jain or Buddhist religion, and the reference to Hindu religious

institutions shall be construed accordingly.

32.(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights

conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature

of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate,

for the enforcement of any of the rights conferred by this Part.

My coach said I ran like a girl,I said if he could run a little faster he could too- Mia Hamm

Page 7: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020 2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

1. The Penal Code of Union of Prosperia i.e., Prosperian Penal Code, 1860 criminalised causing miscarriage

of a woman except where it is necessary for the purpose of saving the life of the woman. The provisions

are similar to Union of Prosperian Penal Code, 1860 as reproduced in Annexure A.

2. However, in 1971 Medical Termination of Pregnancy Act (MTP Act) was passed in Union of Prosperia

which decriminalised only certain kinds of abortion. Relevant provisions are reproduced in Annexure B.

3. The Constitution of Union of Prosperia, which is identical to Union of Prosperian Constitution recognizes

various rights enumerated in Part III of its Constitution. The Supreme Court of Union of Prosperia has

given wide interpretation to Right to Life recognized by its Constitution although those rights are not

specifically enumerated in the Constitution. Relevant provisions of the Constitution as reproduced in

Annexure C.

4. The Union of Prosperia, is a secular country located in South Asia. From 180 BC, many other countries

invaded Prosperia and many dynasties ruled Prosperia around the year 1000. In the 1600s, European

countries invaded Prosperia and the British controlled most of Prosperia by 1856. In the early 1900s,

people of Prosperia peacefully started to protest against British control. Prosperia got its independence

in the year 1947.

5. Prosperia has rich social composition, as many religions have originated in the country and few religions

of foreign origin have also flourished here. Prosperia has the distinction of being the land from where

various religions have originated and at the same time the country is home to several indigenous faiths

tribal religions which have survived the influence of major religions for centuries and are holding the

ground firmly. Regional co-existence of diverse religious groups in the country makes it really unique.

Around 80% of Prosperians are Hindus, 14% Muslims while 2% follow Christianity and remaining 4%

follow other religions since time immemorial. There is no intervention of the State in religious matters.

The Constitution of Union of Prosperia provides for freedom of religion as a fundamental right, to give to

its people the freedom of worship and religion and to outlaw discrimination on the ground of religion.

All religions are governed by their personal laws which are governing marriage, divorce, succession, etc.

Religious diversity and religious tolerance were both established in the country by law & custom.

6. Ms. Smita, an unmarried woman was in a live-inrelationship with her partner, Firoz. She is the Head of

Sales & Marketing in a leading Multi-National Company. She discovers that she is eleven weeks pregnant

and this conception happened due to the failure of contraceptive device used. As it was an unplanned

pregnancy, she did not want to go ahead with it. She contends that the pregnancy will be an obstacle in

her career therefore; she went to have an abortion. However, the Medical Practitioner refused to do

abortion as it was not in accordance with the provisions of the MTP Act.

7. Mrs. Meena discovers in 22nd week of her pregnancy that her foetus suffers from a cardiac anomaly

which would require multiple corrective surgeries. However, according to the medical practitioner even

after these surgeries the child may not survive for more than six months after birth. Mrs. Meena then

ANNEXURE A

112. Causing miscarriage: Whoever voluntarily causes a woman with child to miscarry, shall if such

miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished

with imprisonment of either description for a term which may extend to three years, or with fine, or with

both; and, if the woman be quick with child, shall be punished with imprisonment of either description

for a term which may extend to seven years, and shall also be liable to fine.

Explanation - A woman who causes herself to miscarry, is within the meaning of this section.

113. Causing miscarriage without woman's consent: Whoever commits the offence defined in the last

preceding section without the consent of the woman, whether the woman is quick with child or not,

shall be punished with [imprisonment for life], or with imprisonment of either description for a term

which may extend to ten years, and shall also be liable to fine.

114. Death caused by act done with intent to cause miscarriage: Whoever, with intent to cause the

miscarriage of a woman with child, does any act which causes the death of such woman, shall be

punished with imprisonment of either description for a term which may extend to ten years, and shall

also be liable to fine;

If act done without woman's consent - and if the act is done without the consent of the woman, shall

be punished either with [imprisonment for life], or with the punishment above mentioned.

Explanation - It is not essential to this offence that the offender should know that the act is likely to

cause death.

115. Act done with intent to prevent child being born alive or to cause it to die after birth: Whoever

before the birth of any child does any act with the intention of thereby preventing that child from being

born alive or causing it to die after its birth, and does by such act prevent that child from being born

alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of

saving the life of the mother, be punished with imprisonment of either description for a term which may

extend to ten years, or with fine, or with both.

316. Causing death of quick unborn child by act amounting to culpable homicide: Whoever does any act

under such circumstances, that if he thereby caused death he would be guilty of culpable homicide,

and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of

either description for a term which may extend to ten years, and shall also be liable to fine.

ANNEXURE B

1. Definitions - In this Act, unless the context otherwise requires,- (a) "guardian" means a person having

the care of the person of a minor or a lunatic;

b. "lunatic" has the meaning assigned to it in Sec.3 of the Indian Lunacy Act, 1912 (4 of 1912) ;

wanted to have an abortion but was refused by her medical Practitioner as the condition was not life

threatening for her.

8. Ms. Supriya, a rape victim came to know that she is 25 weeks pregnant. This pregnancy constantly

reminded her of the horror she had been through. Therefore, she decided to have an abortion. However,

her request for abortion was denied by the Medical Practitioner.

9. Tara is married to Sumit for three years. She had been a victim of domestic violence as Sumit used to

physically abuse her in the past. She decided to end the marriage but her family forced her to stay with

Sumit and give another chance to her marriage. After few years of marriage, Tara got pregnant. In the

19th week of her pregnancy, she discovers that Sumit is a drug addict. When she confronted Sumit, he

got angry and hit her. She was seriously injured and had to be hospitalized. She realises that Sumit is

incorrigible. So, she decides to end the marriage and further she decides not to give birth to Sumit’s

child. She went to a Medical Practitioner who refuses to perform an abortion as she was in the 21st week

of her pregnancy.

10. Mrs. Preeti, a married woman is 29 weeks pregnant. Her marital life is happy and she has a supporting

husband. However, one fine day she at the advance stage of her pregnancy tells her husband that she

does not feel like going ahead with the pregnancy. They approach the doctor in 30th week of her

pregnancy; doctor refuses to perform an abortion since it is not necessary for saving her life.

11. These 6 women have approached the Supreme Court of Union of Prosperia by means of writ petition

challenging the refusal of abortions and also the constitutionality of various provisions of MTP Act.

12. Religious group called ‘Save the Life’ has filed an application in the court opposing their prayer saying

abortion is against the religion.

ISSUES

I. Whether the Writ Petition maintainable before the Supreme Court?

II. Whether Ms. Smita can claim absolute right to termination of pregnancy at 11th week of pregnancy?

III. Whether the law enforced in X which says that pregnancy beyond 20th week can be terminated only if it

is necessary to save the life of the woman constitutionally valid?

IV. Whether Preeti can claim absolute right to termination of pregnancy at 30th week of pregnancy like

Smita?

V. Whether the right claimed by the religious group ‘Save the Life’ enjoys protection under the Constitution

of X and if yes whether it override the reproductive rights of these women?

VI. Whether a foetus enjoys Right to life under the Constitution of?

Note - Laws of Union of Prosperia are pari-materia with that of India.

c. "minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875), is to

be deemed not to have attained his majority,

d. "registered medical practitioner" means a medical practitioner who possesses any recognized

medical qualification as defined in Cl.(h) of Sec. 2 of the Indian Medical Council Act, 1956 (102 of

1956), whose name has been entered in a State Medical Register and who has such experience or

training in gynaecology and obstetrics as may be prescribed by rules made under this Act.

2. When Pregnancies may be terminated by registered medical practitioners.- (1) Notwithstanding

anything contained in the Union of Prosperian Penal Code (45 of 1860), a registered medical

practitioner shall not be guilty of any offence under that Code or under any other law for the time being

in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.

3. Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical

practitioner,-

a. where the length of the pregnancy does not exceed twelve weeks if such medical practitioner is, or

b. where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not

less than two registered medical practitioners are. Of opinion, formed in good faith, that,-

i. the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of

grave injury physical or mental health ; or

ii. there is a substantial risk that if the child were born, it would suffer from such physical or mental

abnormalities as to be seriously handicapped.

Explanation-1: Where any, pregnancy is alleged by the pregnant woman to have been caused by rape,

the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental

health of the pregnant woman.

Explanation-2: Where any pregnancy occurs as a result of failure of any device or method used by any

married woman or her husband for the purpose of limiting the number of children, the anguish caused

by such unwanted pregnancy may be presumed to constitute a grave injury to the mental health of the

pregnant woman.

(3) In determining whether the continuance of pregnancy would involve such risk of injury to the health

as is mentioned in sub-section (2), account may be taken of the pregnant woman's actual or reasonable

foreseeable environment.

(4) (a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having

attained the age of eighteen years, is a lunatic, shall be terminated except with the consent in writing

of her guardian.

(b) Save as otherwise provided in C1.(a), no pregnancy shall be terminated except with the consent of

the pregnant woman.

4. Place where pregnancy may be terminated.-No termination of pregnancy shall be made in accordance

with this Act at any place other than,-

a. a hospital established or maintained by Government, or

b. a place for the time being approved for the purpose of this Act by Government.

5(1). The provisions of section 4, and so much of the provisions of sub-section (2) of section 3 as relate to

the length of the pregnancy and the opinion of not less than two registered medical practitioners, shall

not apply to the termination of a pregnancy by a registered medical practitioner in a case where he is

of opinion, formed in good faith, that the termination of such pregnancy is immediately necessary to

save the life of the pregnant woman.

(2). Notwithstanding anything contained in the Union of Prosperian Penal Code (45 of 1860), the

termination of pregnancy by a person who is not a registered medical practitioner shall be an offence

punishable with rigorous imprisonment for a term which shall not be less than two years but which may

extend to seven years under that Code, and that Code shall, to this extent, stand modified.

(3). Whoever terminates any pregnancy in a place other than that mentioned in section 4, shall be

punishable with rigorous imprisonment for a term which shall not be less than two years but which may

extend to seven years.

(4). Any person being owner of a place which is not approved under clause (b) of section 4 shall be

punishable with rigorous imprisonment for a term which shall not be less than two years but which may

extend to seven years.

Explanation-1: For the purposes of this section, the expression “owner” in relation to a place means

any person who is the administrative head or otherwise responsible for the working or maintenance of

a hospital or place, by whatever name called, where the pregnancy may be terminated under this Act.

Explanation-2: For the purposes of this section, so much of the provisions of clause (d) of section 2 as

relate to the possession, by registered medical practitioner, of experience or training in gynaecology

and obstetrics shall not apply”.

ANNEXURE C

13. (1) All laws in force in the territory of Union of Prosperia immediately before the commencement of this

Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such

inconsistency, be void.

14. The State shall not deny to any person equality before the law or the equal protection of the laws within

the territory of Union of Prosperia.

21. No person shall be deprived of his life or personal liberty except according to procedure established

by law

25. (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are

equally entitled to freedom of conscience and the right freely to profess, practise and propagate

religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making

any law—

a. Regulating or restricting any economic, financial, political or other secular activity which may be

associated with religious practice;

b. Providing for social welfare and reform or the throwing open of Hindu religious institutions of a

public character to all classes and sections of Hindus.

Explanation-I: The wearing and carrying of kirpans shall be deemed to be included in the profession of

the Sikh religion.

Explanation-II: In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a

reference to persons professing the Sikh, Jain or Buddhist religion, and the reference to Hindu religious

institutions shall be construed accordingly.

32.(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights

conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature

of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate,

for the enforcement of any of the rights conferred by this Part.

My coach said I ran like a girl,I said if he could run a little faster he could too- Mia Hamm

Page 8: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020 2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

ANNEXURE A

112. Causing miscarriage: Whoever voluntarily causes a woman with child to miscarry, shall if such

miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished

with imprisonment of either description for a term which may extend to three years, or with fine, or with

both; and, if the woman be quick with child, shall be punished with imprisonment of either description

for a term which may extend to seven years, and shall also be liable to fine.

Explanation - A woman who causes herself to miscarry, is within the meaning of this section.

113. Causing miscarriage without woman's consent: Whoever commits the offence defined in the last

preceding section without the consent of the woman, whether the woman is quick with child or not,

shall be punished with [imprisonment for life], or with imprisonment of either description for a term

which may extend to ten years, and shall also be liable to fine.

114. Death caused by act done with intent to cause miscarriage: Whoever, with intent to cause the

miscarriage of a woman with child, does any act which causes the death of such woman, shall be

punished with imprisonment of either description for a term which may extend to ten years, and shall

also be liable to fine;

If act done without woman's consent - and if the act is done without the consent of the woman, shall

be punished either with [imprisonment for life], or with the punishment above mentioned.

Explanation - It is not essential to this offence that the offender should know that the act is likely to

cause death.

115. Act done with intent to prevent child being born alive or to cause it to die after birth: Whoever

before the birth of any child does any act with the intention of thereby preventing that child from being

born alive or causing it to die after its birth, and does by such act prevent that child from being born

alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of

saving the life of the mother, be punished with imprisonment of either description for a term which may

extend to ten years, or with fine, or with both.

316. Causing death of quick unborn child by act amounting to culpable homicide: Whoever does any act

under such circumstances, that if he thereby caused death he would be guilty of culpable homicide,

and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of

either description for a term which may extend to ten years, and shall also be liable to fine.

ANNEXURE B

1. Definitions - In this Act, unless the context otherwise requires,- (a) "guardian" means a person having

the care of the person of a minor or a lunatic;

b. "lunatic" has the meaning assigned to it in Sec.3 of the Indian Lunacy Act, 1912 (4 of 1912) ;

wanted to have an abortion but was refused by her medical Practitioner as the condition was not life

threatening for her.

8. Ms. Supriya, a rape victim came to know that she is 25 weeks pregnant. This pregnancy constantly

reminded her of the horror she had been through. Therefore, she decided to have an abortion. However,

her request for abortion was denied by the Medical Practitioner.

9. Tara is married to Sumit for three years. She had been a victim of domestic violence as Sumit used to

physically abuse her in the past. She decided to end the marriage but her family forced her to stay with

Sumit and give another chance to her marriage. After few years of marriage, Tara got pregnant. In the

19th week of her pregnancy, she discovers that Sumit is a drug addict. When she confronted Sumit, he

got angry and hit her. She was seriously injured and had to be hospitalized. She realises that Sumit is

incorrigible. So, she decides to end the marriage and further she decides not to give birth to Sumit’s

child. She went to a Medical Practitioner who refuses to perform an abortion as she was in the 21st week

of her pregnancy.

10. Mrs. Preeti, a married woman is 29 weeks pregnant. Her marital life is happy and she has a supporting

husband. However, one fine day she at the advance stage of her pregnancy tells her husband that she

does not feel like going ahead with the pregnancy. They approach the doctor in 30th week of her

pregnancy; doctor refuses to perform an abortion since it is not necessary for saving her life.

11. These 6 women have approached the Supreme Court of Union of Prosperia by means of writ petition

challenging the refusal of abortions and also the constitutionality of various provisions of MTP Act.

12. Religious group called ‘Save the Life’ has filed an application in the court opposing their prayer saying

abortion is against the religion.

ISSUES

I. Whether the Writ Petition maintainable before the Supreme Court?

II. Whether Ms. Smita can claim absolute right to termination of pregnancy at 11th week of pregnancy?

III. Whether the law enforced in X which says that pregnancy beyond 20th week can be terminated only if it

is necessary to save the life of the woman constitutionally valid?

IV. Whether Preeti can claim absolute right to termination of pregnancy at 30th week of pregnancy like

Smita?

V. Whether the right claimed by the religious group ‘Save the Life’ enjoys protection under the Constitution

of X and if yes whether it override the reproductive rights of these women?

VI. Whether a foetus enjoys Right to life under the Constitution of?

Note - Laws of Union of Prosperia are pari-materia with that of India.

c. "minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875), is to

be deemed not to have attained his majority,

d. "registered medical practitioner" means a medical practitioner who possesses any recognized

medical qualification as defined in Cl.(h) of Sec. 2 of the Indian Medical Council Act, 1956 (102 of

1956), whose name has been entered in a State Medical Register and who has such experience or

training in gynaecology and obstetrics as may be prescribed by rules made under this Act.

2. When Pregnancies may be terminated by registered medical practitioners.- (1) Notwithstanding

anything contained in the Union of Prosperian Penal Code (45 of 1860), a registered medical

practitioner shall not be guilty of any offence under that Code or under any other law for the time being

in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.

3. Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical

practitioner,-

a. where the length of the pregnancy does not exceed twelve weeks if such medical practitioner is, or

b. where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not

less than two registered medical practitioners are. Of opinion, formed in good faith, that,-

i. the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of

grave injury physical or mental health ; or

ii. there is a substantial risk that if the child were born, it would suffer from such physical or mental

abnormalities as to be seriously handicapped.

Explanation-1: Where any, pregnancy is alleged by the pregnant woman to have been caused by rape,

the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental

health of the pregnant woman.

Explanation-2: Where any pregnancy occurs as a result of failure of any device or method used by any

married woman or her husband for the purpose of limiting the number of children, the anguish caused

by such unwanted pregnancy may be presumed to constitute a grave injury to the mental health of the

pregnant woman.

(3) In determining whether the continuance of pregnancy would involve such risk of injury to the health

as is mentioned in sub-section (2), account may be taken of the pregnant woman's actual or reasonable

foreseeable environment.

(4) (a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having

attained the age of eighteen years, is a lunatic, shall be terminated except with the consent in writing

of her guardian.

(b) Save as otherwise provided in C1.(a), no pregnancy shall be terminated except with the consent of

the pregnant woman.

My coach said I ran like a girl,I said if he could run a little faster he could too- Mia Hamm

4. Place where pregnancy may be terminated.-No termination of pregnancy shall be made in accordance

with this Act at any place other than,-

a. a hospital established or maintained by Government, or

b. a place for the time being approved for the purpose of this Act by Government.

5(1). The provisions of section 4, and so much of the provisions of sub-section (2) of section 3 as relate to

the length of the pregnancy and the opinion of not less than two registered medical practitioners, shall

not apply to the termination of a pregnancy by a registered medical practitioner in a case where he is

of opinion, formed in good faith, that the termination of such pregnancy is immediately necessary to

save the life of the pregnant woman.

(2). Notwithstanding anything contained in the Union of Prosperian Penal Code (45 of 1860), the

termination of pregnancy by a person who is not a registered medical practitioner shall be an offence

punishable with rigorous imprisonment for a term which shall not be less than two years but which may

extend to seven years under that Code, and that Code shall, to this extent, stand modified.

(3). Whoever terminates any pregnancy in a place other than that mentioned in section 4, shall be

punishable with rigorous imprisonment for a term which shall not be less than two years but which may

extend to seven years.

(4). Any person being owner of a place which is not approved under clause (b) of section 4 shall be

punishable with rigorous imprisonment for a term which shall not be less than two years but which may

extend to seven years.

Explanation-1: For the purposes of this section, the expression “owner” in relation to a place means

any person who is the administrative head or otherwise responsible for the working or maintenance of

a hospital or place, by whatever name called, where the pregnancy may be terminated under this Act.

Explanation-2: For the purposes of this section, so much of the provisions of clause (d) of section 2 as

relate to the possession, by registered medical practitioner, of experience or training in gynaecology

and obstetrics shall not apply”.

ANNEXURE C

13. (1) All laws in force in the territory of Union of Prosperia immediately before the commencement of this

Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such

inconsistency, be void.

14. The State shall not deny to any person equality before the law or the equal protection of the laws within

the territory of Union of Prosperia.

21. No person shall be deprived of his life or personal liberty except according to procedure established

by law

25. (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are

equally entitled to freedom of conscience and the right freely to profess, practise and propagate

religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making

any law—

a. Regulating or restricting any economic, financial, political or other secular activity which may be

associated with religious practice;

b. Providing for social welfare and reform or the throwing open of Hindu religious institutions of a

public character to all classes and sections of Hindus.

Explanation-I: The wearing and carrying of kirpans shall be deemed to be included in the profession of

the Sikh religion.

Explanation-II: In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a

reference to persons professing the Sikh, Jain or Buddhist religion, and the reference to Hindu religious

institutions shall be construed accordingly.

32.(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights

conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature

of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate,

for the enforcement of any of the rights conferred by this Part.

Page 9: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020 2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

ANNEXURE A

112. Causing miscarriage: Whoever voluntarily causes a woman with child to miscarry, shall if such

miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished

with imprisonment of either description for a term which may extend to three years, or with fine, or with

both; and, if the woman be quick with child, shall be punished with imprisonment of either description

for a term which may extend to seven years, and shall also be liable to fine.

Explanation - A woman who causes herself to miscarry, is within the meaning of this section.

113. Causing miscarriage without woman's consent: Whoever commits the offence defined in the last

preceding section without the consent of the woman, whether the woman is quick with child or not,

shall be punished with [imprisonment for life], or with imprisonment of either description for a term

which may extend to ten years, and shall also be liable to fine.

114. Death caused by act done with intent to cause miscarriage: Whoever, with intent to cause the

miscarriage of a woman with child, does any act which causes the death of such woman, shall be

punished with imprisonment of either description for a term which may extend to ten years, and shall

also be liable to fine;

If act done without woman's consent - and if the act is done without the consent of the woman, shall

be punished either with [imprisonment for life], or with the punishment above mentioned.

Explanation - It is not essential to this offence that the offender should know that the act is likely to

cause death.

115. Act done with intent to prevent child being born alive or to cause it to die after birth: Whoever

before the birth of any child does any act with the intention of thereby preventing that child from being

born alive or causing it to die after its birth, and does by such act prevent that child from being born

alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of

saving the life of the mother, be punished with imprisonment of either description for a term which may

extend to ten years, or with fine, or with both.

316. Causing death of quick unborn child by act amounting to culpable homicide: Whoever does any act

under such circumstances, that if he thereby caused death he would be guilty of culpable homicide,

and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of

either description for a term which may extend to ten years, and shall also be liable to fine.

ANNEXURE B

1. Definitions - In this Act, unless the context otherwise requires,- (a) "guardian" means a person having

the care of the person of a minor or a lunatic;

b. "lunatic" has the meaning assigned to it in Sec.3 of the Indian Lunacy Act, 1912 (4 of 1912) ;

wanted to have an abortion but was refused by her medical Practitioner as the condition was not life

threatening for her.

8. Ms. Supriya, a rape victim came to know that she is 25 weeks pregnant. This pregnancy constantly

reminded her of the horror she had been through. Therefore, she decided to have an abortion. However,

her request for abortion was denied by the Medical Practitioner.

9. Tara is married to Sumit for three years. She had been a victim of domestic violence as Sumit used to

physically abuse her in the past. She decided to end the marriage but her family forced her to stay with

Sumit and give another chance to her marriage. After few years of marriage, Tara got pregnant. In the

19th week of her pregnancy, she discovers that Sumit is a drug addict. When she confronted Sumit, he

got angry and hit her. She was seriously injured and had to be hospitalized. She realises that Sumit is

incorrigible. So, she decides to end the marriage and further she decides not to give birth to Sumit’s

child. She went to a Medical Practitioner who refuses to perform an abortion as she was in the 21st week

of her pregnancy.

10. Mrs. Preeti, a married woman is 29 weeks pregnant. Her marital life is happy and she has a supporting

husband. However, one fine day she at the advance stage of her pregnancy tells her husband that she

does not feel like going ahead with the pregnancy. They approach the doctor in 30th week of her

pregnancy; doctor refuses to perform an abortion since it is not necessary for saving her life.

11. These 6 women have approached the Supreme Court of Union of Prosperia by means of writ petition

challenging the refusal of abortions and also the constitutionality of various provisions of MTP Act.

12. Religious group called ‘Save the Life’ has filed an application in the court opposing their prayer saying

abortion is against the religion.

ISSUES

I. Whether the Writ Petition maintainable before the Supreme Court?

II. Whether Ms. Smita can claim absolute right to termination of pregnancy at 11th week of pregnancy?

III. Whether the law enforced in X which says that pregnancy beyond 20th week can be terminated only if it

is necessary to save the life of the woman constitutionally valid?

IV. Whether Preeti can claim absolute right to termination of pregnancy at 30th week of pregnancy like

Smita?

V. Whether the right claimed by the religious group ‘Save the Life’ enjoys protection under the Constitution

of X and if yes whether it override the reproductive rights of these women?

VI. Whether a foetus enjoys Right to life under the Constitution of?

Note - Laws of Union of Prosperia are pari-materia with that of India.

c. "minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875), is to

be deemed not to have attained his majority,

d. "registered medical practitioner" means a medical practitioner who possesses any recognized

medical qualification as defined in Cl.(h) of Sec. 2 of the Indian Medical Council Act, 1956 (102 of

1956), whose name has been entered in a State Medical Register and who has such experience or

training in gynaecology and obstetrics as may be prescribed by rules made under this Act.

2. When Pregnancies may be terminated by registered medical practitioners.- (1) Notwithstanding

anything contained in the Union of Prosperian Penal Code (45 of 1860), a registered medical

practitioner shall not be guilty of any offence under that Code or under any other law for the time being

in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.

3. Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical

practitioner,-

a. where the length of the pregnancy does not exceed twelve weeks if such medical practitioner is, or

b. where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not

less than two registered medical practitioners are. Of opinion, formed in good faith, that,-

i. the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of

grave injury physical or mental health ; or

ii. there is a substantial risk that if the child were born, it would suffer from such physical or mental

abnormalities as to be seriously handicapped.

Explanation-1: Where any, pregnancy is alleged by the pregnant woman to have been caused by rape,

the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental

health of the pregnant woman.

Explanation-2: Where any pregnancy occurs as a result of failure of any device or method used by any

married woman or her husband for the purpose of limiting the number of children, the anguish caused

by such unwanted pregnancy may be presumed to constitute a grave injury to the mental health of the

pregnant woman.

(3) In determining whether the continuance of pregnancy would involve such risk of injury to the health

as is mentioned in sub-section (2), account may be taken of the pregnant woman's actual or reasonable

foreseeable environment.

(4) (a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having

attained the age of eighteen years, is a lunatic, shall be terminated except with the consent in writing

of her guardian.

(b) Save as otherwise provided in C1.(a), no pregnancy shall be terminated except with the consent of

the pregnant woman.

My coach said I ran like a girl,I said if he could run a little faster he could too- Mia Hamm

4. Place where pregnancy may be terminated.-No termination of pregnancy shall be made in accordance

with this Act at any place other than,-

a. a hospital established or maintained by Government, or

b. a place for the time being approved for the purpose of this Act by Government.

5(1). The provisions of section 4, and so much of the provisions of sub-section (2) of section 3 as relate to

the length of the pregnancy and the opinion of not less than two registered medical practitioners, shall

not apply to the termination of a pregnancy by a registered medical practitioner in a case where he is

of opinion, formed in good faith, that the termination of such pregnancy is immediately necessary to

save the life of the pregnant woman.

(2). Notwithstanding anything contained in the Union of Prosperian Penal Code (45 of 1860), the

termination of pregnancy by a person who is not a registered medical practitioner shall be an offence

punishable with rigorous imprisonment for a term which shall not be less than two years but which may

extend to seven years under that Code, and that Code shall, to this extent, stand modified.

(3). Whoever terminates any pregnancy in a place other than that mentioned in section 4, shall be

punishable with rigorous imprisonment for a term which shall not be less than two years but which may

extend to seven years.

(4). Any person being owner of a place which is not approved under clause (b) of section 4 shall be

punishable with rigorous imprisonment for a term which shall not be less than two years but which may

extend to seven years.

Explanation-1: For the purposes of this section, the expression “owner” in relation to a place means

any person who is the administrative head or otherwise responsible for the working or maintenance of

a hospital or place, by whatever name called, where the pregnancy may be terminated under this Act.

Explanation-2: For the purposes of this section, so much of the provisions of clause (d) of section 2 as

relate to the possession, by registered medical practitioner, of experience or training in gynaecology

and obstetrics shall not apply”.

ANNEXURE C

13. (1) All laws in force in the territory of Union of Prosperia immediately before the commencement of this

Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such

inconsistency, be void.

14. The State shall not deny to any person equality before the law or the equal protection of the laws within

the territory of Union of Prosperia.

21. No person shall be deprived of his life or personal liberty except according to procedure established

by law

25. (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are

equally entitled to freedom of conscience and the right freely to profess, practise and propagate

religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making

any law—

a. Regulating or restricting any economic, financial, political or other secular activity which may be

associated with religious practice;

b. Providing for social welfare and reform or the throwing open of Hindu religious institutions of a

public character to all classes and sections of Hindus.

Explanation-I: The wearing and carrying of kirpans shall be deemed to be included in the profession of

the Sikh religion.

Explanation-II: In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a

reference to persons professing the Sikh, Jain or Buddhist religion, and the reference to Hindu religious

institutions shall be construed accordingly.

32.(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights

conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature

of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate,

for the enforcement of any of the rights conferred by this Part.

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ANNEXURE A

112. Causing miscarriage: Whoever voluntarily causes a woman with child to miscarry, shall if such

miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished

with imprisonment of either description for a term which may extend to three years, or with fine, or with

both; and, if the woman be quick with child, shall be punished with imprisonment of either description

for a term which may extend to seven years, and shall also be liable to fine.

Explanation - A woman who causes herself to miscarry, is within the meaning of this section.

113. Causing miscarriage without woman's consent: Whoever commits the offence defined in the last

preceding section without the consent of the woman, whether the woman is quick with child or not,

shall be punished with [imprisonment for life], or with imprisonment of either description for a term

which may extend to ten years, and shall also be liable to fine.

114. Death caused by act done with intent to cause miscarriage: Whoever, with intent to cause the

miscarriage of a woman with child, does any act which causes the death of such woman, shall be

punished with imprisonment of either description for a term which may extend to ten years, and shall

also be liable to fine;

If act done without woman's consent - and if the act is done without the consent of the woman, shall

be punished either with [imprisonment for life], or with the punishment above mentioned.

Explanation - It is not essential to this offence that the offender should know that the act is likely to

cause death.

115. Act done with intent to prevent child being born alive or to cause it to die after birth: Whoever

before the birth of any child does any act with the intention of thereby preventing that child from being

born alive or causing it to die after its birth, and does by such act prevent that child from being born

alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of

saving the life of the mother, be punished with imprisonment of either description for a term which may

extend to ten years, or with fine, or with both.

316. Causing death of quick unborn child by act amounting to culpable homicide: Whoever does any act

under such circumstances, that if he thereby caused death he would be guilty of culpable homicide,

and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of

either description for a term which may extend to ten years, and shall also be liable to fine.

ANNEXURE B

1. Definitions - In this Act, unless the context otherwise requires,- (a) "guardian" means a person having

the care of the person of a minor or a lunatic;

b. "lunatic" has the meaning assigned to it in Sec.3 of the Indian Lunacy Act, 1912 (4 of 1912) ;

wanted to have an abortion but was refused by her medical Practitioner as the condition was not life

threatening for her.

8. Ms. Supriya, a rape victim came to know that she is 25 weeks pregnant. This pregnancy constantly

reminded her of the horror she had been through. Therefore, she decided to have an abortion. However,

her request for abortion was denied by the Medical Practitioner.

9. Tara is married to Sumit for three years. She had been a victim of domestic violence as Sumit used to

physically abuse her in the past. She decided to end the marriage but her family forced her to stay with

Sumit and give another chance to her marriage. After few years of marriage, Tara got pregnant. In the

19th week of her pregnancy, she discovers that Sumit is a drug addict. When she confronted Sumit, he

got angry and hit her. She was seriously injured and had to be hospitalized. She realises that Sumit is

incorrigible. So, she decides to end the marriage and further she decides not to give birth to Sumit’s

child. She went to a Medical Practitioner who refuses to perform an abortion as she was in the 21st week

of her pregnancy.

10. Mrs. Preeti, a married woman is 29 weeks pregnant. Her marital life is happy and she has a supporting

husband. However, one fine day she at the advance stage of her pregnancy tells her husband that she

does not feel like going ahead with the pregnancy. They approach the doctor in 30th week of her

pregnancy; doctor refuses to perform an abortion since it is not necessary for saving her life.

11. These 6 women have approached the Supreme Court of Union of Prosperia by means of writ petition

challenging the refusal of abortions and also the constitutionality of various provisions of MTP Act.

12. Religious group called ‘Save the Life’ has filed an application in the court opposing their prayer saying

abortion is against the religion.

ISSUES

I. Whether the Writ Petition maintainable before the Supreme Court?

II. Whether Ms. Smita can claim absolute right to termination of pregnancy at 11th week of pregnancy?

III. Whether the law enforced in X which says that pregnancy beyond 20th week can be terminated only if it

is necessary to save the life of the woman constitutionally valid?

IV. Whether Preeti can claim absolute right to termination of pregnancy at 30th week of pregnancy like

Smita?

V. Whether the right claimed by the religious group ‘Save the Life’ enjoys protection under the Constitution

of X and if yes whether it override the reproductive rights of these women?

VI. Whether a foetus enjoys Right to life under the Constitution of?

Note - Laws of Union of Prosperia are pari-materia with that of India.

c. "minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875), is to

be deemed not to have attained his majority,

d. "registered medical practitioner" means a medical practitioner who possesses any recognized

medical qualification as defined in Cl.(h) of Sec. 2 of the Indian Medical Council Act, 1956 (102 of

1956), whose name has been entered in a State Medical Register and who has such experience or

training in gynaecology and obstetrics as may be prescribed by rules made under this Act.

2. When Pregnancies may be terminated by registered medical practitioners.- (1) Notwithstanding

anything contained in the Union of Prosperian Penal Code (45 of 1860), a registered medical

practitioner shall not be guilty of any offence under that Code or under any other law for the time being

in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.

3. Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical

practitioner,-

a. where the length of the pregnancy does not exceed twelve weeks if such medical practitioner is, or

b. where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not

less than two registered medical practitioners are. Of opinion, formed in good faith, that,-

i. the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of

grave injury physical or mental health ; or

ii. there is a substantial risk that if the child were born, it would suffer from such physical or mental

abnormalities as to be seriously handicapped.

Explanation-1: Where any, pregnancy is alleged by the pregnant woman to have been caused by rape,

the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental

health of the pregnant woman.

Explanation-2: Where any pregnancy occurs as a result of failure of any device or method used by any

married woman or her husband for the purpose of limiting the number of children, the anguish caused

by such unwanted pregnancy may be presumed to constitute a grave injury to the mental health of the

pregnant woman.

(3) In determining whether the continuance of pregnancy would involve such risk of injury to the health

as is mentioned in sub-section (2), account may be taken of the pregnant woman's actual or reasonable

foreseeable environment.

(4) (a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having

attained the age of eighteen years, is a lunatic, shall be terminated except with the consent in writing

of her guardian.

(b) Save as otherwise provided in C1.(a), no pregnancy shall be terminated except with the consent of

the pregnant woman.

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020 2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

4. Place where pregnancy may be terminated.-No termination of pregnancy shall be made in accordance

with this Act at any place other than,-

a. a hospital established or maintained by Government, or

b. a place for the time being approved for the purpose of this Act by Government.

5(1). The provisions of section 4, and so much of the provisions of sub-section (2) of section 3 as relate to

the length of the pregnancy and the opinion of not less than two registered medical practitioners, shall

not apply to the termination of a pregnancy by a registered medical practitioner in a case where he is

of opinion, formed in good faith, that the termination of such pregnancy is immediately necessary to

save the life of the pregnant woman.

(2). Notwithstanding anything contained in the Union of Prosperian Penal Code (45 of 1860), the

termination of pregnancy by a person who is not a registered medical practitioner shall be an offence

punishable with rigorous imprisonment for a term which shall not be less than two years but which may

extend to seven years under that Code, and that Code shall, to this extent, stand modified.

(3). Whoever terminates any pregnancy in a place other than that mentioned in section 4, shall be

punishable with rigorous imprisonment for a term which shall not be less than two years but which may

extend to seven years.

(4). Any person being owner of a place which is not approved under clause (b) of section 4 shall be

punishable with rigorous imprisonment for a term which shall not be less than two years but which may

extend to seven years.

Explanation-1: For the purposes of this section, the expression “owner” in relation to a place means

any person who is the administrative head or otherwise responsible for the working or maintenance of

a hospital or place, by whatever name called, where the pregnancy may be terminated under this Act.

Explanation-2: For the purposes of this section, so much of the provisions of clause (d) of section 2 as

relate to the possession, by registered medical practitioner, of experience or training in gynaecology

and obstetrics shall not apply”.

ANNEXURE C

13. (1) All laws in force in the territory of Union of Prosperia immediately before the commencement of this

Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such

inconsistency, be void.

14. The State shall not deny to any person equality before the law or the equal protection of the laws within

the territory of Union of Prosperia.

21. No person shall be deprived of his life or personal liberty except according to procedure established

by law

25. (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are

equally entitled to freedom of conscience and the right freely to profess, practise and propagate

religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making

any law—

a. Regulating or restricting any economic, financial, political or other secular activity which may be

associated with religious practice;

b. Providing for social welfare and reform or the throwing open of Hindu religious institutions of a

public character to all classes and sections of Hindus.

Explanation-I: The wearing and carrying of kirpans shall be deemed to be included in the profession of

the Sikh religion.

Explanation-II: In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a

reference to persons professing the Sikh, Jain or Buddhist religion, and the reference to Hindu religious

institutions shall be construed accordingly.

32.(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights

conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature

of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate,

for the enforcement of any of the rights conferred by this Part.

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

My coach said I ran like a girl,I said if he could run a little faster he could too- Mia Hamm

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ANNEXURE A

112. Causing miscarriage: Whoever voluntarily causes a woman with child to miscarry, shall if such

miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished

with imprisonment of either description for a term which may extend to three years, or with fine, or with

both; and, if the woman be quick with child, shall be punished with imprisonment of either description

for a term which may extend to seven years, and shall also be liable to fine.

Explanation - A woman who causes herself to miscarry, is within the meaning of this section.

113. Causing miscarriage without woman's consent: Whoever commits the offence defined in the last

preceding section without the consent of the woman, whether the woman is quick with child or not,

shall be punished with [imprisonment for life], or with imprisonment of either description for a term

which may extend to ten years, and shall also be liable to fine.

114. Death caused by act done with intent to cause miscarriage: Whoever, with intent to cause the

miscarriage of a woman with child, does any act which causes the death of such woman, shall be

punished with imprisonment of either description for a term which may extend to ten years, and shall

also be liable to fine;

If act done without woman's consent - and if the act is done without the consent of the woman, shall

be punished either with [imprisonment for life], or with the punishment above mentioned.

Explanation - It is not essential to this offence that the offender should know that the act is likely to

cause death.

115. Act done with intent to prevent child being born alive or to cause it to die after birth: Whoever

before the birth of any child does any act with the intention of thereby preventing that child from being

born alive or causing it to die after its birth, and does by such act prevent that child from being born

alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of

saving the life of the mother, be punished with imprisonment of either description for a term which may

extend to ten years, or with fine, or with both.

316. Causing death of quick unborn child by act amounting to culpable homicide: Whoever does any act

under such circumstances, that if he thereby caused death he would be guilty of culpable homicide,

and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of

either description for a term which may extend to ten years, and shall also be liable to fine.

ANNEXURE B

1. Definitions - In this Act, unless the context otherwise requires,- (a) "guardian" means a person having

the care of the person of a minor or a lunatic;

b. "lunatic" has the meaning assigned to it in Sec.3 of the Indian Lunacy Act, 1912 (4 of 1912) ;

wanted to have an abortion but was refused by her medical Practitioner as the condition was not life

threatening for her.

8. Ms. Supriya, a rape victim came to know that she is 25 weeks pregnant. This pregnancy constantly

reminded her of the horror she had been through. Therefore, she decided to have an abortion. However,

her request for abortion was denied by the Medical Practitioner.

9. Tara is married to Sumit for three years. She had been a victim of domestic violence as Sumit used to

physically abuse her in the past. She decided to end the marriage but her family forced her to stay with

Sumit and give another chance to her marriage. After few years of marriage, Tara got pregnant. In the

19th week of her pregnancy, she discovers that Sumit is a drug addict. When she confronted Sumit, he

got angry and hit her. She was seriously injured and had to be hospitalized. She realises that Sumit is

incorrigible. So, she decides to end the marriage and further she decides not to give birth to Sumit’s

child. She went to a Medical Practitioner who refuses to perform an abortion as she was in the 21st week

of her pregnancy.

10. Mrs. Preeti, a married woman is 29 weeks pregnant. Her marital life is happy and she has a supporting

husband. However, one fine day she at the advance stage of her pregnancy tells her husband that she

does not feel like going ahead with the pregnancy. They approach the doctor in 30th week of her

pregnancy; doctor refuses to perform an abortion since it is not necessary for saving her life.

11. These 6 women have approached the Supreme Court of Union of Prosperia by means of writ petition

challenging the refusal of abortions and also the constitutionality of various provisions of MTP Act.

12. Religious group called ‘Save the Life’ has filed an application in the court opposing their prayer saying

abortion is against the religion.

ISSUES

I. Whether the Writ Petition maintainable before the Supreme Court?

II. Whether Ms. Smita can claim absolute right to termination of pregnancy at 11th week of pregnancy?

III. Whether the law enforced in X which says that pregnancy beyond 20th week can be terminated only if it

is necessary to save the life of the woman constitutionally valid?

IV. Whether Preeti can claim absolute right to termination of pregnancy at 30th week of pregnancy like

Smita?

V. Whether the right claimed by the religious group ‘Save the Life’ enjoys protection under the Constitution

of X and if yes whether it override the reproductive rights of these women?

VI. Whether a foetus enjoys Right to life under the Constitution of?

Note - Laws of Union of Prosperia are pari-materia with that of India.

c. "minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875), is to

be deemed not to have attained his majority,

d. "registered medical practitioner" means a medical practitioner who possesses any recognized

medical qualification as defined in Cl.(h) of Sec. 2 of the Indian Medical Council Act, 1956 (102 of

1956), whose name has been entered in a State Medical Register and who has such experience or

training in gynaecology and obstetrics as may be prescribed by rules made under this Act.

2. When Pregnancies may be terminated by registered medical practitioners.- (1) Notwithstanding

anything contained in the Union of Prosperian Penal Code (45 of 1860), a registered medical

practitioner shall not be guilty of any offence under that Code or under any other law for the time being

in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.

3. Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical

practitioner,-

a. where the length of the pregnancy does not exceed twelve weeks if such medical practitioner is, or

b. where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if not

less than two registered medical practitioners are. Of opinion, formed in good faith, that,-

i. the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of

grave injury physical or mental health ; or

ii. there is a substantial risk that if the child were born, it would suffer from such physical or mental

abnormalities as to be seriously handicapped.

Explanation-1: Where any, pregnancy is alleged by the pregnant woman to have been caused by rape,

the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental

health of the pregnant woman.

Explanation-2: Where any pregnancy occurs as a result of failure of any device or method used by any

married woman or her husband for the purpose of limiting the number of children, the anguish caused

by such unwanted pregnancy may be presumed to constitute a grave injury to the mental health of the

pregnant woman.

(3) In determining whether the continuance of pregnancy would involve such risk of injury to the health

as is mentioned in sub-section (2), account may be taken of the pregnant woman's actual or reasonable

foreseeable environment.

(4) (a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having

attained the age of eighteen years, is a lunatic, shall be terminated except with the consent in writing

of her guardian.

(b) Save as otherwise provided in C1.(a), no pregnancy shall be terminated except with the consent of

the pregnant woman.

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020 2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

4. Place where pregnancy may be terminated.-No termination of pregnancy shall be made in accordance

with this Act at any place other than,-

a. a hospital established or maintained by Government, or

b. a place for the time being approved for the purpose of this Act by Government.

5(1). The provisions of section 4, and so much of the provisions of sub-section (2) of section 3 as relate to

the length of the pregnancy and the opinion of not less than two registered medical practitioners, shall

not apply to the termination of a pregnancy by a registered medical practitioner in a case where he is

of opinion, formed in good faith, that the termination of such pregnancy is immediately necessary to

save the life of the pregnant woman.

(2). Notwithstanding anything contained in the Union of Prosperian Penal Code (45 of 1860), the

termination of pregnancy by a person who is not a registered medical practitioner shall be an offence

punishable with rigorous imprisonment for a term which shall not be less than two years but which may

extend to seven years under that Code, and that Code shall, to this extent, stand modified.

(3). Whoever terminates any pregnancy in a place other than that mentioned in section 4, shall be

punishable with rigorous imprisonment for a term which shall not be less than two years but which may

extend to seven years.

(4). Any person being owner of a place which is not approved under clause (b) of section 4 shall be

punishable with rigorous imprisonment for a term which shall not be less than two years but which may

extend to seven years.

Explanation-1: For the purposes of this section, the expression “owner” in relation to a place means

any person who is the administrative head or otherwise responsible for the working or maintenance of

a hospital or place, by whatever name called, where the pregnancy may be terminated under this Act.

Explanation-2: For the purposes of this section, so much of the provisions of clause (d) of section 2 as

relate to the possession, by registered medical practitioner, of experience or training in gynaecology

and obstetrics shall not apply”.

ANNEXURE C

13. (1) All laws in force in the territory of Union of Prosperia immediately before the commencement of this

Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such

inconsistency, be void.

14. The State shall not deny to any person equality before the law or the equal protection of the laws within

the territory of Union of Prosperia.

21. No person shall be deprived of his life or personal liberty except according to procedure established

by law

25. (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are

equally entitled to freedom of conscience and the right freely to profess, practise and propagate

religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making

any law—

a. Regulating or restricting any economic, financial, political or other secular activity which may be

associated with religious practice;

b. Providing for social welfare and reform or the throwing open of Hindu religious institutions of a

public character to all classes and sections of Hindus.

Explanation-I: The wearing and carrying of kirpans shall be deemed to be included in the profession of

the Sikh religion.

Explanation-II: In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a

reference to persons professing the Sikh, Jain or Buddhist religion, and the reference to Hindu religious

institutions shall be construed accordingly.

32.(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights

conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature

of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate,

for the enforcement of any of the rights conferred by this Part.

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

My coach said I ran like a girl,I said if he could run a little faster he could too- Mia Hamm

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2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

ORGANIZING COMMITTEE

CHIEF PATRONS

Shri Hari Mohan Gupta

Chancellor, Jagran Lakecity University

Mr. Abhishek Mohan Gupta

Pro Chancellor, Jagran Lakecity University

PATRONS

Prof. (Dr.) Anoop Swarup

Vice Chancellor, Jagran Lakecity University

Prof. (Dr.) Yogendra Kumar Shrivastava

Director, JLU School of Law

FACULTY COMMITTEE

Mr. Omkareshwar Pathak, Assistant Professor Faculty In-Charge, Moot Court Committee (Convener)

Dr. Deevanshu Shrivastava, Assistant Professor (Core committee member, Moot Court Committee)

Mr. Ankit Singh, Assistant Professor (Core committee member, Moot Court Committee)

Mrs. Apoorva Bajpai, Assistant Professor (Core committee member, Moot Court Committee)

Mr. Rohit Mishra, Assistant Professor (Core committee member, Moot Court Committee)

Ms. Apoorva Dixit, Assistant Professor (Core committee member, Moot Court Committee)

Ms. Silky Gupta, Assistant Professor (Core committee member, Moot Court Committee)

Ms. Vaishali Baderiya, Assistant Professor (Core committee member, Moot Court Committee)

STUDENT COMMITTEE

Convener – Ayush Malviya, 5th year

Co-convener – Umang Mehta, 4th Year

Organized by JLU School of Law

RULES & GUIDELINES

FEBRUARY 14 th – 16 th

(IV edition of JLU Moot Court Competition)

2nd SAARCLAW - JLUMOOT COURT

COMPETITION 2020

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2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020 2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

My coach said I ran like a girl,I said if he could run a little faster he could too- Mia Hamm

1. STRUCTURE OF THE COMPETITION

The Competition will be structured as per the following format:

a. Preliminary Rounds

b. Quarter Final Rounds

c. Semi Final Rounds

d. Final Round

2. LANGUAGE

The language of the Competition shall be English.

3. ELIGIBLITY

• Students pursuing 3 years/ 5 years undergraduate LL.B. degree course are eligible to participate in this competition.

• Only one team can participate from each institution.

4. TEAM COMPOSITION

• The team composition, for the competition, shall comprise of either two members (being designated

as Speakers ) OR three members (two of them shall be designated as Speakers and one Researcher).

A fourth or third team member can participate as Observer, subject to the payment of Registration

fees for Observer. The Observer will not be permitted to argue as Speaker in any case whatsoever.

• Each team must have minimum of one participant as female speaker.

• The Researcher may be permitted to argue as Speaker in case of illness or any unforeseen event, but

the permission of the Moot Court Convener in such case shall be mandatory.

5. DRESS CODE

The participants shall adhere to following dress code when present in any court room during

the Competition.

a. Girls: White salwar and kurta or white shirt and black trousers along with black coat and black shoes.

b. Boys: White shirt, black trousers and black tie along with black coat and black shoes.

Note: The participating teams shall also adhere to the above mentioned dress code while attending the inaugural and valedictory ceremonies of the Competition.

6. PARTICIPATION AND REGISTRATION PROCEDURE

• Teams must register by January 2, 2020 by sending an email to [email protected] with the subject

“Registration for SAARCLAW JLU Moot Court Competition 2020”. On receiving the registrations, 40

• Each Team must send a soft copy of their memorials for evaluation by February 01, 2020 before

11:59 P.M. to [email protected] with the subject “Memorials for SAARCLAW JLU Moot Court

Competition, 2020”. Memorials submitted beyond the deadline shall incur a liability of 3 points for

the first day of delay, and 5 points each day for every subsequent day. No extensions will be granted

with respect to this deadline. However, teams submitting soft copies of memorials any time after

February 05, 2020 will be subject to immediate disqualification. Memorials shall be sent as an

attachment with the mail in the form of single file for each side of memorial.

• GUIDELINES FOR FORMATTING:

1. Memorial Structure: The memorial must have following pages only:

i. Cover Page – The cover page shall contain the case title, side of the memorial, year of

competition, name of the Court and team Code on top right corner.

ii. Table of Contents

iii. List of Abbreviations

iv. Index of Authorities

v. Statement of Jurisdiction

vi. Statement of Facts

vii. Issues Raised

viii. Summary of Arguments

ix. Pleadings /Arguments Advanced

x. Prayer

2. Team Code: The team code must be ascribed on the top right corner of the cover page.

3. Content Specifications: The following content specifications must be strictly adhered to:

i. Font and Size (General) - Times New Roman, 12 pts

ii. Line Spacing (General) - 1.5 lines

iii. Font and Size (Footnotes) - Times New Roman, 10 pts

iv. Line Spacing (Footnotes) - Single line

v. Page Margins - 1 inch on all sides

vi. The Hard Copies of the Memorial shall be printed on only one side.

vii. The citation should be in compliance with the 20th edition of Bluebook.

teams will be allowed to participate in the Competition on First come-First serve basis. The same will

be notified immediately to the respective teams through electronic mail. Selected teams must

confirm their participation by January 7, 2020 by sending an email to [email protected] along with

a scanned copy of Registration form, Demand Draft and Travel details form. Each Team shall be

allotted a Team Code upon confirmation of participation.

• The duly filled in hard copies of the Registration Form along with a demand draft of INR

6000/- (Indian Rupees Six Thousand Only) or US $70( US Dollar seventy only for foreign teams)

must reach the Organizers latest by January 17, 2020. In case the team comprises of an observer

also, the amount for the demand draft shall be INR 7,500/- (Indian Rupees Seven Thousand Five

Hundred Only). The demand draft will have to be made in favour of ‘Jagran Lakecity University,

Bhopal’ payable at Bhopal.

• The participating teams must send their Registration Forms accompanied with demand draft and

travel plan only through Speed Post. The teams shall solely be responsible for any kind of delay in

receipt of Registration Form. The Registration form along with Demand Draft and Travel Plan should

be sent to the following address:

Prof. (Dr.) Yogendra Kumar Srivastava

S-643, Nehru Nagar,

Bhopal-462003 (M.P.) India

7. MEMORIALS

• All memorials submitted for all purposes of the Competition shall strictly adhere to the rules of the

competition. Each Team participating in the Competition must prepare one Written submission on

behalf of Petitioner/Applicant(s) and one on behalf of the Respondent(s). Further each team has to

submit 6 hard copies of their written submissions from each side. Non-compliance will entail a

penalty of 1 point per copy not submitted.

• Applicant memorials are required to have a Blue cover and Respondent memorials are required to

have a Red cover. The memorials shall not contain any form of identification apart from the team

code. If any such identification or mark, symbol, etc. which has the effect of identifying the team is

found on the memorial, then it shall result in instant disqualification. A penalty of 1 mark shall be

levied in case the memorial is submitted in any other format or as a multiple file by the team. The

hard copy of memorial must be exact replica of the soft copy submitted with the Organizers. Any

difference in the same will result in disqualification from the Competition.

• MARKING CRITERIA FOR MEMORIAL:

Page 14: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020 2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

My coach said I ran like a girl,I said if he could run a little faster he could too- Mia Hamm

1. STRUCTURE OF THE COMPETITION

The Competition will be structured as per the following format:

a. Preliminary Rounds

b. Quarter Final Rounds

c. Semi Final Rounds

d. Final Round

2. LANGUAGE

The language of the Competition shall be English.

3. ELIGIBLITY

• Students pursuing 3 years/ 5 years undergraduate LL.B. degree course are eligible to participate in this competition.

• Only one team can participate from each institution.

4. TEAM COMPOSITION

• The team composition, for the competition, shall comprise of either two members (being designated

as Speakers ) OR three members (two of them shall be designated as Speakers and one Researcher).

A fourth or third team member can participate as Observer, subject to the payment of Registration

fees for Observer. The Observer will not be permitted to argue as Speaker in any case whatsoever.

• Each team must have minimum of one participant as female speaker.

• The Researcher may be permitted to argue as Speaker in case of illness or any unforeseen event, but

the permission of the Moot Court Convener in such case shall be mandatory.

5. DRESS CODE

The participants shall adhere to following dress code when present in any court room during

the Competition.

a. Girls: White salwar and kurta or white shirt and black trousers along with black coat and black shoes.

b. Boys: White shirt, black trousers and black tie along with black coat and black shoes.

Note: The participating teams shall also adhere to the above mentioned dress code while attending the inaugural and valedictory ceremonies of the Competition.

6. PARTICIPATION AND REGISTRATION PROCEDURE

• Teams must register by January 2, 2020 by sending an email to [email protected] with the subject

“Registration for SAARCLAW JLU Moot Court Competition 2020”. On receiving the registrations, 40

• Each Team must send a soft copy of their memorials for evaluation by February 01, 2020 before

11:59 P.M. to [email protected] with the subject “Memorials for SAARCLAW JLU Moot Court

Competition, 2020”. Memorials submitted beyond the deadline shall incur a liability of 3 points for

the first day of delay, and 5 points each day for every subsequent day. No extensions will be granted

with respect to this deadline. However, teams submitting soft copies of memorials any time after

February 05, 2020 will be subject to immediate disqualification. Memorials shall be sent as an

attachment with the mail in the form of single file for each side of memorial.

• GUIDELINES FOR FORMATTING:

1. Memorial Structure: The memorial must have following pages only:

i. Cover Page – The cover page shall contain the case title, side of the memorial, year of

competition, name of the Court and team Code on top right corner.

ii. Table of Contents

iii. List of Abbreviations

iv. Index of Authorities

v. Statement of Jurisdiction

vi. Statement of Facts

vii. Issues Raised

viii. Summary of Arguments

ix. Pleadings /Arguments Advanced

x. Prayer

2. Team Code: The team code must be ascribed on the top right corner of the cover page.

3. Content Specifications: The following content specifications must be strictly adhered to:

i. Font and Size (General) - Times New Roman, 12 pts

ii. Line Spacing (General) - 1.5 lines

iii. Font and Size (Footnotes) - Times New Roman, 10 pts

iv. Line Spacing (Footnotes) - Single line

v. Page Margins - 1 inch on all sides

vi. The Hard Copies of the Memorial shall be printed on only one side.

vii. The citation should be in compliance with the 20th edition of Bluebook.

teams will be allowed to participate in the Competition on First come-First serve basis. The same will

be notified immediately to the respective teams through electronic mail. Selected teams must

confirm their participation by January 7, 2020 by sending an email to [email protected] along with

a scanned copy of Registration form, Demand Draft and Travel details form. Each Team shall be

allotted a Team Code upon confirmation of participation.

• The duly filled in hard copies of the Registration Form along with a demand draft of INR

6000/- (Indian Rupees Six Thousand Only) or US $70( US Dollar seventy only for foreign teams)

must reach the Organizers latest by January 17, 2020. In case the team comprises of an observer

also, the amount for the demand draft shall be INR 7,500/- (Indian Rupees Seven Thousand Five

Hundred Only). The demand draft will have to be made in favour of ‘Jagran Lakecity University,

Bhopal’ payable at Bhopal.

• The participating teams must send their Registration Forms accompanied with demand draft and

travel plan only through Speed Post. The teams shall solely be responsible for any kind of delay in

receipt of Registration Form. The Registration form along with Demand Draft and Travel Plan should

be sent to the following address:

Prof. (Dr.) Yogendra Kumar Srivastava

S-643, Nehru Nagar,

Bhopal-462003 (M.P.) India

7. MEMORIALS

• All memorials submitted for all purposes of the Competition shall strictly adhere to the rules of the

competition. Each Team participating in the Competition must prepare one Written submission on

behalf of Petitioner/Applicant(s) and one on behalf of the Respondent(s). Further each team has to

submit 6 hard copies of their written submissions from each side. Non-compliance will entail a

penalty of 1 point per copy not submitted.

• Applicant memorials are required to have a Blue cover and Respondent memorials are required to

have a Red cover. The memorials shall not contain any form of identification apart from the team

code. If any such identification or mark, symbol, etc. which has the effect of identifying the team is

found on the memorial, then it shall result in instant disqualification. A penalty of 1 mark shall be

levied in case the memorial is submitted in any other format or as a multiple file by the team. The

hard copy of memorial must be exact replica of the soft copy submitted with the Organizers. Any

difference in the same will result in disqualification from the Competition.

• MARKING CRITERIA FOR MEMORIAL:

Page 15: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020 2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

1. STRUCTURE OF THE COMPETITION

The Competition will be structured as per the following format:

a. Preliminary Rounds

b. Quarter Final Rounds

c. Semi Final Rounds

d. Final Round

2. LANGUAGE

The language of the Competition shall be English.

3. ELIGIBLITY

• Students pursuing 3 years/ 5 years undergraduate LL.B. degree course are eligible to participate in this competition.

• Only one team can participate from each institution.

4. TEAM COMPOSITION

• The team composition, for the competition, shall comprise of either two members (being designated

as Speakers ) OR three members (two of them shall be designated as Speakers and one Researcher).

A fourth or third team member can participate as Observer, subject to the payment of Registration

fees for Observer. The Observer will not be permitted to argue as Speaker in any case whatsoever.

• Each team must have minimum of one participant as female speaker.

• The Researcher may be permitted to argue as Speaker in case of illness or any unforeseen event, but

the permission of the Moot Court Convener in such case shall be mandatory.

5. DRESS CODE

The participants shall adhere to following dress code when present in any court room during

the Competition.

a. Girls: White salwar and kurta or white shirt and black trousers along with black coat and black shoes.

b. Boys: White shirt, black trousers and black tie along with black coat and black shoes.

Note: The participating teams shall also adhere to the above mentioned dress code while attending the inaugural and valedictory ceremonies of the Competition.

6. PARTICIPATION AND REGISTRATION PROCEDURE

• Teams must register by January 2, 2020 by sending an email to [email protected] with the subject

“Registration for SAARCLAW JLU Moot Court Competition 2020”. On receiving the registrations, 40

• Each Team must send a soft copy of their memorials for evaluation by February 01, 2020 before

11:59 P.M. to [email protected] with the subject “Memorials for SAARCLAW JLU Moot Court

Competition, 2020”. Memorials submitted beyond the deadline shall incur a liability of 3 points for

the first day of delay, and 5 points each day for every subsequent day. No extensions will be granted

with respect to this deadline. However, teams submitting soft copies of memorials any time after

February 05, 2020 will be subject to immediate disqualification. Memorials shall be sent as an

attachment with the mail in the form of single file for each side of memorial.

• GUIDELINES FOR FORMATTING:

1. Memorial Structure: The memorial must have following pages only:

i. Cover Page – The cover page shall contain the case title, side of the memorial, year of

competition, name of the Court and team Code on top right corner.

ii. Table of Contents

iii. List of Abbreviations

iv. Index of Authorities

v. Statement of Jurisdiction

vi. Statement of Facts

vii. Issues Raised

viii. Summary of Arguments

ix. Pleadings /Arguments Advanced

x. Prayer

2. Team Code: The team code must be ascribed on the top right corner of the cover page.

3. Content Specifications: The following content specifications must be strictly adhered to:

i. Font and Size (General) - Times New Roman, 12 pts

ii. Line Spacing (General) - 1.5 lines

iii. Font and Size (Footnotes) - Times New Roman, 10 pts

iv. Line Spacing (Footnotes) - Single line

v. Page Margins - 1 inch on all sides

vi. The Hard Copies of the Memorial shall be printed on only one side.

vii. The citation should be in compliance with the 20th edition of Bluebook.

teams will be allowed to participate in the Competition on First come-First serve basis. The same will

be notified immediately to the respective teams through electronic mail. Selected teams must

confirm their participation by January 7, 2020 by sending an email to [email protected] along with

a scanned copy of Registration form, Demand Draft and Travel details form. Each Team shall be

allotted a Team Code upon confirmation of participation.

• The duly filled in hard copies of the Registration Form along with a demand draft of INR

6000/- (Indian Rupees Six Thousand Only) or US $70( US Dollar seventy only for foreign teams)

must reach the Organizers latest by January 17, 2020. In case the team comprises of an observer

also, the amount for the demand draft shall be INR 7,500/- (Indian Rupees Seven Thousand Five

Hundred Only). The demand draft will have to be made in favour of ‘Jagran Lakecity University,

Bhopal’ payable at Bhopal.

• The participating teams must send their Registration Forms accompanied with demand draft and

travel plan only through Speed Post. The teams shall solely be responsible for any kind of delay in

receipt of Registration Form. The Registration form along with Demand Draft and Travel Plan should

be sent to the following address:

Prof. (Dr.) Yogendra Kumar Srivastava

S-643, Nehru Nagar,

Bhopal-462003 (M.P.) India

7. MEMORIALS

• All memorials submitted for all purposes of the Competition shall strictly adhere to the rules of the

competition. Each Team participating in the Competition must prepare one Written submission on

behalf of Petitioner/Applicant(s) and one on behalf of the Respondent(s). Further each team has to

submit 6 hard copies of their written submissions from each side. Non-compliance will entail a

penalty of 1 point per copy not submitted.

• Applicant memorials are required to have a Blue cover and Respondent memorials are required to

have a Red cover. The memorials shall not contain any form of identification apart from the team

code. If any such identification or mark, symbol, etc. which has the effect of identifying the team is

found on the memorial, then it shall result in instant disqualification. A penalty of 1 mark shall be

levied in case the memorial is submitted in any other format or as a multiple file by the team. The

hard copy of memorial must be exact replica of the soft copy submitted with the Organizers. Any

difference in the same will result in disqualification from the Competition.

Marking Criteria

Evidence of Original Thought

Knowledge of Law and Facts

Proper and Articulate Analysis

Correct format and Citation

Extent and Use of Research

TOTAL MARKS

Marks Allotted

20

20

20

20

20

100

• MARKING CRITERIA FOR MEMORIAL:

8. RULES FOR THE ORAL ROUNDS

a. Draw of Lots:

The match up of teams in Preliminary Rounds shall be determined on the basis of draw of lots. Draw of

lots and Memorial Exchange shall take place on February 14, 2020 after the Inaugural Ceremony.

b. Preliminary Rounds

• The preliminary rounds will be held on February 15, 2020. The Preliminary rounds shall comprise of

Two Rounds of oral arguments subject to the allotment of team codes. In the preliminary rounds,

each team shall have to argue twice, once as a petitioner and the other as a respondent.

• Each team will get a total of 30 minutes to present their case. This time will include rebuttal and

sur-rebuttal time (if permitted by the judge(s)). The division of time per speaker is left to the

discretion of the team subject with a minimum of 10 minutes per speaker and not more than 15

minutes per speaker. Rebuttals can be assigned a time period of not more than 2 minutes.

• The oral arguments should be confined to the issues presented in the memorial. The researcher may

sit with the speakers during the oral rounds. Maximum scores for the oral rounds shall be 50 points

per speaker per judge. The speakers can provide the copies of the compendium, only if the same is

permitted by the panel of judges in their respective court rooms. No two Teams will argue against

each other more than once in the Preliminary Rounds.

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

My coach said I ran like a girl,I said if he could run a little faster he could too- Mia Hamm

Page 16: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020 2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

1. STRUCTURE OF THE COMPETITION

The Competition will be structured as per the following format:

a. Preliminary Rounds

b. Quarter Final Rounds

c. Semi Final Rounds

d. Final Round

2. LANGUAGE

The language of the Competition shall be English.

3. ELIGIBLITY

• Students pursuing 3 years/ 5 years undergraduate LL.B. degree course are eligible to participate in this competition.

• Only one team can participate from each institution.

4. TEAM COMPOSITION

• The team composition, for the competition, shall comprise of either two members (being designated

as Speakers ) OR three members (two of them shall be designated as Speakers and one Researcher).

A fourth or third team member can participate as Observer, subject to the payment of Registration

fees for Observer. The Observer will not be permitted to argue as Speaker in any case whatsoever.

• Each team must have minimum of one participant as female speaker.

• The Researcher may be permitted to argue as Speaker in case of illness or any unforeseen event, but

the permission of the Moot Court Convener in such case shall be mandatory.

5. DRESS CODE

The participants shall adhere to following dress code when present in any court room during

the Competition.

a. Girls: White salwar and kurta or white shirt and black trousers along with black coat and black shoes.

b. Boys: White shirt, black trousers and black tie along with black coat and black shoes.

Note: The participating teams shall also adhere to the above mentioned dress code while attending the inaugural and valedictory ceremonies of the Competition.

6. PARTICIPATION AND REGISTRATION PROCEDURE

• Teams must register by January 2, 2020 by sending an email to [email protected] with the subject

“Registration for SAARCLAW JLU Moot Court Competition 2020”. On receiving the registrations, 40

• Each Team must send a soft copy of their memorials for evaluation by February 01, 2020 before

11:59 P.M. to [email protected] with the subject “Memorials for SAARCLAW JLU Moot Court

Competition, 2020”. Memorials submitted beyond the deadline shall incur a liability of 3 points for

the first day of delay, and 5 points each day for every subsequent day. No extensions will be granted

with respect to this deadline. However, teams submitting soft copies of memorials any time after

February 05, 2020 will be subject to immediate disqualification. Memorials shall be sent as an

attachment with the mail in the form of single file for each side of memorial.

• GUIDELINES FOR FORMATTING:

1. Memorial Structure: The memorial must have following pages only:

i. Cover Page – The cover page shall contain the case title, side of the memorial, year of

competition, name of the Court and team Code on top right corner.

ii. Table of Contents

iii. List of Abbreviations

iv. Index of Authorities

v. Statement of Jurisdiction

vi. Statement of Facts

vii. Issues Raised

viii. Summary of Arguments

ix. Pleadings /Arguments Advanced

x. Prayer

2. Team Code: The team code must be ascribed on the top right corner of the cover page.

3. Content Specifications: The following content specifications must be strictly adhered to:

i. Font and Size (General) - Times New Roman, 12 pts

ii. Line Spacing (General) - 1.5 lines

iii. Font and Size (Footnotes) - Times New Roman, 10 pts

iv. Line Spacing (Footnotes) - Single line

v. Page Margins - 1 inch on all sides

vi. The Hard Copies of the Memorial shall be printed on only one side.

vii. The citation should be in compliance with the 20th edition of Bluebook.

teams will be allowed to participate in the Competition on First come-First serve basis. The same will

be notified immediately to the respective teams through electronic mail. Selected teams must

confirm their participation by January 7, 2020 by sending an email to [email protected] along with

a scanned copy of Registration form, Demand Draft and Travel details form. Each Team shall be

allotted a Team Code upon confirmation of participation.

• The duly filled in hard copies of the Registration Form along with a demand draft of INR

6000/- (Indian Rupees Six Thousand Only) or US $70( US Dollar seventy only for foreign teams)

must reach the Organizers latest by January 17, 2020. In case the team comprises of an observer

also, the amount for the demand draft shall be INR 7,500/- (Indian Rupees Seven Thousand Five

Hundred Only). The demand draft will have to be made in favour of ‘Jagran Lakecity University,

Bhopal’ payable at Bhopal.

• The participating teams must send their Registration Forms accompanied with demand draft and

travel plan only through Speed Post. The teams shall solely be responsible for any kind of delay in

receipt of Registration Form. The Registration form along with Demand Draft and Travel Plan should

be sent to the following address:

Prof. (Dr.) Yogendra Kumar Srivastava

S-643, Nehru Nagar,

Bhopal-462003 (M.P.) India

7. MEMORIALS

• All memorials submitted for all purposes of the Competition shall strictly adhere to the rules of the

competition. Each Team participating in the Competition must prepare one Written submission on

behalf of Petitioner/Applicant(s) and one on behalf of the Respondent(s). Further each team has to

submit 6 hard copies of their written submissions from each side. Non-compliance will entail a

penalty of 1 point per copy not submitted.

• Applicant memorials are required to have a Blue cover and Respondent memorials are required to

have a Red cover. The memorials shall not contain any form of identification apart from the team

code. If any such identification or mark, symbol, etc. which has the effect of identifying the team is

found on the memorial, then it shall result in instant disqualification. A penalty of 1 mark shall be

levied in case the memorial is submitted in any other format or as a multiple file by the team. The

hard copy of memorial must be exact replica of the soft copy submitted with the Organizers. Any

difference in the same will result in disqualification from the Competition.

Marking Criteria

Evidence of Original Thought

Knowledge of Law and Facts

Proper and Articulate Analysis

Correct format and Citation

Extent and Use of Research

TOTAL MARKS

Marks Allotted

20

20

20

20

20

100

• MARKING CRITERIA FOR MEMORIAL:

8. RULES FOR THE ORAL ROUNDS

a. Draw of Lots:

The match up of teams in Preliminary Rounds shall be determined on the basis of draw of lots. Draw of

lots and Memorial Exchange shall take place on February 14, 2020 after the Inaugural Ceremony.

b. Preliminary Rounds

• The preliminary rounds will be held on February 15, 2020. The Preliminary rounds shall comprise of

Two Rounds of oral arguments subject to the allotment of team codes. In the preliminary rounds,

each team shall have to argue twice, once as a petitioner and the other as a respondent.

• Each team will get a total of 30 minutes to present their case. This time will include rebuttal and

sur-rebuttal time (if permitted by the judge(s)). The division of time per speaker is left to the

discretion of the team subject with a minimum of 10 minutes per speaker and not more than 15

minutes per speaker. Rebuttals can be assigned a time period of not more than 2 minutes.

• The oral arguments should be confined to the issues presented in the memorial. The researcher may

sit with the speakers during the oral rounds. Maximum scores for the oral rounds shall be 50 points

per speaker per judge. The speakers can provide the copies of the compendium, only if the same is

permitted by the panel of judges in their respective court rooms. No two Teams will argue against

each other more than once in the Preliminary Rounds.

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

My coach said I ran like a girl,I said if he could run a little faster he could too- Mia Hamm

Page 17: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020 2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

• The oral rounds shall be judged on the following criteria:

• The winners of the preliminary rounds shall, i.e. total eight teams (8 teams) shall qualify for the

Quarter Final Rounds. For the purposes of qualification from the Preliminary Rounds to the Quarter

Finals, the number of rounds won by the team shall be considered as first criteria. In case there is a

tie, the winning difference of their respective rounds shall be taken into consideration. Further, in

case of tie after taking winning scores into consideration, the decision shall be taken on the basis of

the Memorial marks.

c. Quarter Final Rounds

• The Quarter Final Rounds shall also take place on February 15, 2020. The Teams qualifying to the

• Quarter Finals shall be on the basis of Two Rounds of Oral arguments of the Preliminary Rounds.

• Each team will get a total of 30 minutes to present their case which will include rebuttal and

sur-rebuttal time (if permitted by the judge(s)).

• The match up of teams in Quarter Final Rounds shall be determined on the basis of draw of lots.

d. Semi Final Rounds:

• The Semi Final rounds shall comprise of Four Teams. The Semi Final rounds shall take place on February

16, 2020. The winner of the Quarter Final rounds shall be declared qualified for the Semi Final Rounds.

Marking Criteria

Preparation and familiarity with facts

Structure of Legal Argument

Knowledge & Application of Law

Organization, Presentation, Speaking Ability

Responsiveness to Questions

Persuasiveness and Advocacy

Courtroom Etiquette

TOTAL MARKS

Marks Allotted

10

10

10

05

05

05

05

50

• The match up of teams in Semi Final Rounds shall be determined on the basis of draw of

lots. Each team will get a total of 45 minutes to present their case which will include rebuttal and

sur-rebuttal time (if permitted by the judge(s)).

e. Final Rounds:

• The Final Rounds shall also take place on February 16, 2020. The two teams who stand declared as

winners of the Semi Final Rounds shall qualify for the Final Rounds. Each team will get a total of 60

minutes to present their case which will include rebuttal and sur-rebuttal time (if permitted by the

judge(s)). The Winner of the Final Round shall be declared Winner of the Competition.

f. General Rules:

• In case of evaluation of all the Rounds, the Memorial Marks shall not be included to decide the merit.

But in case a tie takes place in the Quarter Final, Semi Final or Final Rounds, in that case, the marks of

the Preliminary Rounds shall be the basis for deciding the winner.

• The decision of the judges with regard to the outcome of the rounds shall be final.

g. Scouting

• Teams shall not be allowed to observe the orals of another team, unless they have been officially

knocked-out of the competition. Scouting is strictly prohibited. Scouting by any team shall entail

instant disqualification.

h. Date & Venue

• The SAARCLAW JLU Moot Court Competition will take place from 14th – 15th February, 2020 at JLU

School of Law, Jagran Lakecity University, Bhopal.

9. RESEARCHER’S TEST

• The “Researcher’s Test” shall take place on February 16, 2020. Only the Researcher, as indicated in

the team registration form, shall be eligible to take the researcher test. The speaker can only take

the Researcher’s Test, if the team comprises of 2 speakers only.

10. COLLABORATIONS AND AWARDS

This edition is supported by the SAARCLAW, South Asian Association for Regional Co - operation in

Law, SAARCLAW, is an association of the legal communities of the SAARC countries comprising

judges, lawyers, academicians, law teachers, public officers and a host of other law related persons,

duly registered with the SAARC Secretariat at Kathmandu and awarded the status of a Regional Apex

Body of SAARC.

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

My coach said I ran like a girl,I said if he could run a little faster he could too- Mia Hamm

Page 18: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020 2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

• The oral rounds shall be judged on the following criteria:

• The winners of the preliminary rounds shall, i.e. total eight teams (8 teams) shall qualify for the

Quarter Final Rounds. For the purposes of qualification from the Preliminary Rounds to the Quarter

Finals, the number of rounds won by the team shall be considered as first criteria. In case there is a

tie, the winning difference of their respective rounds shall be taken into consideration. Further, in

case of tie after taking winning scores into consideration, the decision shall be taken on the basis of

the Memorial marks.

c. Quarter Final Rounds

• The Quarter Final Rounds shall also take place on February 15, 2020. The Teams qualifying to the

• Quarter Finals shall be on the basis of Two Rounds of Oral arguments of the Preliminary Rounds.

• Each team will get a total of 30 minutes to present their case which will include rebuttal and

sur-rebuttal time (if permitted by the judge(s)).

• The match up of teams in Quarter Final Rounds shall be determined on the basis of draw of lots.

d. Semi Final Rounds:

• The Semi Final rounds shall comprise of Four Teams. The Semi Final rounds shall take place on February

16, 2020. The winner of the Quarter Final rounds shall be declared qualified for the Semi Final Rounds.

Marking Criteria

Preparation and familiarity with facts

Structure of Legal Argument

Knowledge & Application of Law

Organization, Presentation, Speaking Ability

Responsiveness to Questions

Persuasiveness and Advocacy

Courtroom Etiquette

TOTAL MARKS

Marks Allotted

10

10

10

05

05

05

05

50

• The match up of teams in Semi Final Rounds shall be determined on the basis of draw of

lots. Each team will get a total of 45 minutes to present their case which will include rebuttal and

sur-rebuttal time (if permitted by the judge(s)).

e. Final Rounds:

• The Final Rounds shall also take place on February 16, 2020. The two teams who stand declared as

winners of the Semi Final Rounds shall qualify for the Final Rounds. Each team will get a total of 60

minutes to present their case which will include rebuttal and sur-rebuttal time (if permitted by the

judge(s)). The Winner of the Final Round shall be declared Winner of the Competition.

f. General Rules:

• In case of evaluation of all the Rounds, the Memorial Marks shall not be included to decide the merit.

But in case a tie takes place in the Quarter Final, Semi Final or Final Rounds, in that case, the marks of

the Preliminary Rounds shall be the basis for deciding the winner.

• The decision of the judges with regard to the outcome of the rounds shall be final.

g. Scouting

• Teams shall not be allowed to observe the orals of another team, unless they have been officially

knocked-out of the competition. Scouting is strictly prohibited. Scouting by any team shall entail

instant disqualification.

h. Date & Venue

• The SAARCLAW JLU Moot Court Competition will take place from 14th – 15th February, 2020 at JLU

School of Law, Jagran Lakecity University, Bhopal.

9. RESEARCHER’S TEST

• The “Researcher’s Test” shall take place on February 16, 2020. Only the Researcher, as indicated in

the team registration form, shall be eligible to take the researcher test. The speaker can only take

the Researcher’s Test, if the team comprises of 2 speakers only.

10. COLLABORATIONS AND AWARDS

This edition is supported by the SAARCLAW, South Asian Association for Regional Co - operation in

Law, SAARCLAW, is an association of the legal communities of the SAARC countries comprising

judges, lawyers, academicians, law teachers, public officers and a host of other law related persons,

duly registered with the SAARC Secretariat at Kathmandu and awarded the status of a Regional Apex

Body of SAARC.

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

My coach said I ran like a girl,I said if he could run a little faster he could too- Mia Hamm

Page 19: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020 2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

Awards include cash prizes to the meritorious participants, trophies and access to research resources.The competition embraces following awards:

• Best Team: Rs.1,50,000 • Runners-Up: Rs.1,00,000

• Best Memorial: Rs. 25,000 • Best Speaker: Rs. 25,000

• Best Researcher: Rs. 15,000

11. ACCOMMODATION AND TRAVEL

• Accommodation and food shall be provided to all teams by the organisers from February 14 - 16, 2020.

• Teams willing to stay beyond or before the dates of the moot, as specified, will have to pay Rs. 2000/- per member per day.

• The interested students are required, to inform the Organizing Committee through their Travel & Accommodation Form, so as to enable them to make necessary arrangements. Under no circumstances the Organizer shall provide accommodation to any other person accompanying the team.

• Teams should send their travel plans by January 17, 2020.

12. CLARIFICATIONS:

Clarification regarding moot procedure can be sought from:

• Mr. Omkareshwar Pathak, Assistant Professor, School of Law, Jagran Lakecity University, +91-7223004927

• Mr. Deevanshu Shrivastava, Assistant Professor School of Law, Jagran Lakecity University, +91-9329285959

• Mr. Ayush Malviya, Student Convener, B.B.A.LL.B., 5th Year, +91-8103658450

Clarification regarding travel and accommodation can be sought from:

• Ms. Apoorva Dixit, Assistant Professor School of Law, Jagran Lakecity University, +91-9893088822

• Mr. Rohit Mishra, Assistant Professor School of Law, Jagran Lakecity University, +91-8103238755

• Umang Mehta, Student Co-Convener B.A.LL.B., 4th Year, +91-74155637783

Clarificarion regarding proposition be mailed to:

[email protected]

13. MISCELLANEOUS RULES:

• International teams are recommended to apply for the Indian visa at least 4-6 weeks before the competition dates. The Indian visa requirements will vary from country-to-country, thus it is advisable

to visit the Indian embassy's/consulate's website in your country for further details. India has recently started the TVOA facility (Tourist visa on arrival) for select countries. All foreign teams shall be issued an Invitation Letter by the Organizing Committee to facilitate the process of obtaining a visa. All foreign teams are required to write on [email protected], for pursuance of the same.

• The Moot Court Committee, JLU School of Law, Jagran Lakecity University, Bhopal shall serve as

final arbiter of implementation and interpretation of these Rules.

• All clarifications regarding the Moot Problem should be sent to [email protected] by January 18, 2020. A full list of clarifications shall be sent to all the teams through email by January 25, 2020, if required.

• The Moot Court Committee reserves the right to modify any of the Competition Rules at any point of time. The Moot Court Committee shall communicate any changes made in the Competition Rules to the Teams.

• The Moot Court Committee reserves the right to take decisions on any matter not mentioned in the Competition Rules. Any such decision taken by the Moot Court Committee shall be final and binding.

• The Moot Court Committee reserves the right to interpret any of the Competition Rules. Such interpretation shall be final and binding.

• Penalty points may be deducted only by the Moot Court Committee. Under no circumstances shall the judges themselves deduct from the score of the Speakers any Penalty points. Judges shall score the Oral Rounds as if no violation occurred.

• Any team violating any of the specified rules will be penalized according to the following scheme:

Scheme of Deduction

Non-Compliance with Dress Code

Non-Compliance with Written submission of soft copy on time

Non-Compliance with Presentation of Written Submission

Non-Compliance with Formatting of Written Submission

Non-Compliance with Table of Contents, List of Abbreviations,Table of Authorities etc.

Non-Compliance with Uniform mode of Citation

Non-Compliance with Spiral Bound

Non-Compliance with Reveal of identification of teams

2 Marks

2 Marks

5 Marks

3 Marks

2 Marks

2 Marks

5 Marks

10 Marks

Marks Deducted

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

My coach said I ran like a girl,I said if he could run a little faster he could too- Mia Hamm

Page 20: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020 2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

Awards include cash prizes to the meritorious participants, trophies and access to research resources.The competition embraces following awards:

• Best Team: Rs.1,50,000 • Runners-Up: Rs.1,00,000

• Best Memorial: Rs. 25,000 • Best Speaker: Rs. 25,000

• Best Researcher: Rs. 15,000

11. ACCOMMODATION AND TRAVEL

• Accommodation and food shall be provided to all teams by the organisers from February 14 - 16, 2020.

• Teams willing to stay beyond or before the dates of the moot, as specified, will have to pay Rs. 2000/- per member per day.

• The interested students are required, to inform the Organizing Committee through their Travel & Accommodation Form, so as to enable them to make necessary arrangements. Under no circumstances the Organizer shall provide accommodation to any other person accompanying the team.

• Teams should send their travel plans by January 17, 2020.

12. CLARIFICATIONS:

Clarification regarding moot procedure can be sought from:

• Mr. Omkareshwar Pathak, Assistant Professor, School of Law, Jagran Lakecity University, +91-7223004927

• Mr. Deevanshu Shrivastava, Assistant Professor School of Law, Jagran Lakecity University, +91-9329285959

• Mr. Ayush Malviya, Student Convener, B.B.A.LL.B., 5th Year, +91-8103658450

Clarification regarding travel and accommodation can be sought from:

• Ms. Apoorva Dixit, Assistant Professor School of Law, Jagran Lakecity University, +91-9893088822

• Mr. Rohit Mishra, Assistant Professor School of Law, Jagran Lakecity University, +91-8103238755

• Umang Mehta, Student Co-Convener B.A.LL.B., 4th Year, +91-74155637783

Clarificarion regarding proposition be mailed to:

[email protected]

13. MISCELLANEOUS RULES:

• International teams are recommended to apply for the Indian visa at least 4-6 weeks before the competition dates. The Indian visa requirements will vary from country-to-country, thus it is advisable

to visit the Indian embassy's/consulate's website in your country for further details. India has recently started the TVOA facility (Tourist visa on arrival) for select countries. All foreign teams shall be issued an Invitation Letter by the Organizing Committee to facilitate the process of obtaining a visa. All foreign teams are required to write on [email protected], for pursuance of the same.

• The Moot Court Committee, JLU School of Law, Jagran Lakecity University, Bhopal shall serve as

final arbiter of implementation and interpretation of these Rules.

• All clarifications regarding the Moot Problem should be sent to [email protected] by January 18, 2020. A full list of clarifications shall be sent to all the teams through email by January 25, 2020, if required.

• The Moot Court Committee reserves the right to modify any of the Competition Rules at any point of time. The Moot Court Committee shall communicate any changes made in the Competition Rules to the Teams.

• The Moot Court Committee reserves the right to take decisions on any matter not mentioned in the Competition Rules. Any such decision taken by the Moot Court Committee shall be final and binding.

• The Moot Court Committee reserves the right to interpret any of the Competition Rules. Such interpretation shall be final and binding.

• Penalty points may be deducted only by the Moot Court Committee. Under no circumstances shall the judges themselves deduct from the score of the Speakers any Penalty points. Judges shall score the Oral Rounds as if no violation occurred.

• Any team violating any of the specified rules will be penalized according to the following scheme:

Scheme of Deduction

Non-Compliance with Dress Code

Non-Compliance with Written submission of soft copy on time

Non-Compliance with Presentation of Written Submission

Non-Compliance with Formatting of Written Submission

Non-Compliance with Table of Contents, List of Abbreviations,Table of Authorities etc.

Non-Compliance with Uniform mode of Citation

Non-Compliance with Spiral Bound

Non-Compliance with Reveal of identification of teams

2 Marks

2 Marks

5 Marks

3 Marks

2 Marks

2 Marks

5 Marks

10 Marks

Marks Deducted

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

My coach said I ran like a girl,I said if he could run a little faster he could too- Mia Hamm

Page 21: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

ORGANIZING COMMITTEE

CHIEF PATRONS

Shri Hari Mohan Gupta

Chancellor, Jagran Lakecity University

Mr. Abhishek Mohan Gupta

Pro Chancellor, Jagran Lakecity University

PATRONS

Prof. (Dr.) Anoop Swarup

Vice Chancellor, Jagran Lakecity University

Prof. (Dr.) Yogendra Kumar Shrivastava

Director, JLU School of Law

FACULTY COMMITTEE

Mr. Omkareshwar Pathak, Assistant Professor Faculty In-Charge, Moot Court Committee (Convener)

Dr. Deevanshu Shrivastava, Assistant Professor (Core committee member, Moot Court Committee)

Mr. Ankit Singh, Assistant Professor (Core committee member, Moot Court Committee)

Mrs. Apoorva Bajpai, Assistant Professor (Core committee member, Moot Court Committee)

Mr. Rohit Mishra, Assistant Professor (Core committee member, Moot Court Committee)

Ms. Apoorva Dixit, Assistant Professor (Core committee member, Moot Court Committee)

Ms. Silky Gupta, Assistant Professor (Core committee member, Moot Court Committee)

Ms. Vaishali Baderiya, Assistant Professor (Core committee member, Moot Court Committee)

STUDENT COMMITTEE

Convener – Ayush Malviya, 5th year

Co-convener – Umang Mehta, 4th Year

Organized by JLU School of Law

RULES & GUIDELINES

FEBRUARY 14 th – 16 th

(IV edition of JLU Moot Court Competition)

2nd SAARCLAW - JLUMOOT COURT

COMPETITION 2020

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

We hereby declare that the institution and its team members will abide by all the rules of the

competition set by the organizers and as notified to us from time to time throughout the period of

the competition. We also declare and confirm that all the information provided by the organizers in

the registration form is true and accurate to the best of our knowledge. In case of non compliance or

violation of any rules or regulations on our part, the organizing body shall reserve the right to cancel

our registration/candidature.

DECLARATION

Speaker 1(Name & Signature)

Speaker 2(Name & Signature)

Researcher(Name & Signature)

Observer(Name & Signature)

(Seal of the Institution)

Faculty in Charge(Name & Signature)

Head/ Dean of School(Name & Signature)

Organized by JLU School of Law

REGISTRATION FORM

FEBRUARY 14 th – 16 th

(IV edition of JLU Moot Court Competition)

2nd SAARCLAW - JLUMOOT COURT

COMPETITION 2020

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

Page 22: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

We hereby declare that the institution and its team members will abide by all the rules of the

competition set by the organizers and as notified to us from time to time throughout the period of

the competition. We also declare and confirm that all the information provided by the organizers in

the registration form is true and accurate to the best of our knowledge. In case of non compliance or

violation of any rules or regulations on our part, the organizing body shall reserve the right to cancel

our registration/candidature.

DECLARATION

Speaker 1(Name & Signature)

Speaker 2(Name & Signature)

Researcher(Name & Signature)

Observer(Name & Signature)

(Seal of the Institution)

Faculty in Charge(Name & Signature)

Head/ Dean of School(Name & Signature)

Organized by JLU School of Law

REGISTRATION FORM

FEBRUARY 14 th – 16 th

(IV edition of JLU Moot Court Competition)

2nd SAARCLAW - JLUMOOT COURT

COMPETITION 2020

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

Page 23: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020 2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

Tel: +91-755-6611129

Serial No.: ___________(For office use only) Date: _______________

REGISTRATION FORM

Name and Address of the Institution:

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

Contact No.: ______________________________________________________

E-mail Id: _________________________________________________________

Payment Details:

Details of fees Paid

Demand Draft No.

Dated

Name of the Bank

Details of Participants:

Date:_______________ Signature and Seal of Head of Institution

Participants Name Gender Mobile No. Signature Photograph

Speaker 1

Speaker 2

Researcher

Observer

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

My coach said I ran like a girl,I said if he could run a little faster he could too- Mia Hamm

Page 24: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020 2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

Tel: +91-755-6611129

Serial No.: ___________(For office use only) Date: _______________

REGISTRATION FORM

Name and Address of the Institution:

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

Contact No.: ______________________________________________________

E-mail Id: _________________________________________________________

Payment Details:

Details of fees Paid

Demand Draft No.

Dated

Name of the Bank

Details of Participants:

Date:_______________ Signature and Seal of Head of Institution

Participants Name Gender Mobile No. Signature Photograph

Speaker 1

Speaker 2

Researcher

Observer

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

My coach said I ran like a girl,I said if he could run a little faster he could too- Mia Hamm

Page 25: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

We hereby declare that the institution and its team members will abide by all the rules of the

competition set by the organizers and as notified to us from time to time throughout the period of

the competition. We also declare and confirm that all the information provided by the organizers in

the registration form is true and accurate to the best of our knowledge. In case of non compliance or

violation of any rules or regulations on our part, the organizing body shall reserve the right to cancel

our registration/candidature.

DECLARATION

Speaker 1(Name & Signature)

Speaker 2(Name & Signature)

Researcher(Name & Signature)

Observer(Name & Signature)

(Seal of the Institution)

Faculty in Charge(Name & Signature)

Head/ Dean of School(Name & Signature)

Organized by JLU School of Law

REGISTRATION FORM

FEBRUARY 14 th – 16 th

(IV edition of JLU Moot Court Competition)

2nd SAARCLAW - JLUMOOT COURT

COMPETITION 2020

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

Organized by JLU School of Law

TRAVEL DETAILS FORM

FEBRUARY 14 th – 16 th

(IV edition of JLU Moot Court Competition)

2nd SAARCLAW - JLUMOOT COURT

COMPETITION 2020

Page 26: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

Organized by JLU School of Law

TRAVEL DETAILS FORM

FEBRUARY 14 th – 16 th

(IV edition of JLU Moot Court Competition)

2nd SAARCLAW - JLUMOOT COURT

COMPETITION 2020

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Date Mode of Travel Time Travel Details

Arrival

Departure

Name of College/ University:

_________________________________________________________________________________________

Any Additional Information: _________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

TRAVEL DETAILS FORM

Please mail the scanned copy of the duly filled-in Registration Form and travel details form to [email protected] latest by January 7, 2020. Kindly mark CC mail to [email protected]. The hard copies of the registration form along with a demand draft and travel plan should reach the Organizers by January 17, 2020.

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm

2nd SAARCLAW - JLUMOOT COURTCOMPETITION 2020

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

Organized by JLU School of Law

SCHEDULE OF EVENTSSAARCLAW - JLU

FEBRUARY 14 th – 16 th

(IV edition of JLU Moot Court Competition)

2nd SAARCLAW - JLUMOOT COURT

COMPETITION 2020

Page 28: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

Organized by JLU School of Law

SCHEDULE OF EVENTSSAARCLAW - JLU

FEBRUARY 14 th – 16 th

(IV edition of JLU Moot Court Competition)

2nd SAARCLAW - JLUMOOT COURT

COMPETITION 2020

Page 29: INTRODUCTION - WordPress.com · At Jagran Lakecity University, we are committed to provide our students a holistic environment that promotes self- awareness and competency. Founded

OCTOBER 06, 2019 Release of Proposition

JANUARY 01, 2020 Last dates for teams to apply for provisional registration

JANUARY 07, 2020 Last date for registration via e-mail along with details of payment

JANUARY 17, 2020 Last date for submission of hard copies of registration form and travel plan by post

JANUARY 18, 2020 Last date for seeking clarifications

JANUARY 25, 2020 Release of clarifications

FEBRUARY 1, 2020 Submission of soft copies of memorials

FEBRUARY 8, 2020 Last date for submission of hard copies of memorials

FEBRUARY 14, 2020 Inaugural of SAARCLAW JLU Moot Court Competition, 2020

FEBRUARY 15, 2020 Preliminary & Quarter Finals Rounds & Researcher’s Test

FEBRUARY 16, 2020 Semi Finals, Final Round & Valedictory

2nd SAARCLAW - JLU MOOT COURT COMPETITION, 2020

FEBRUARY 14 th – 16 th

(IV edition of JLU Moot Court Competition)

2nd SAARCLAW - JLUMOOT COURT

COMPETITION 2020

My coach said I ran like a girl,I said if he could run a little faster he could too

- Mia Hamm