Intra University Moot Court Competition

Moot Proposition

Indica is a secular and democratic republic. The Constitution of Indica professes freedom of
religion. However, the personal laws in the state of Indica have been a bone of contention in
respect of many practices that have been in vogue. The population of Indica may be majorly
seen to be comprising of Hindus, who are in majority, and the Muslims amongst others who
are in minority. One of the high courts in the State of Indica long back had held that personal
law is does not fall within the meaning of ‘law’ as provided under Article 13 of the
Constitution of Indica which is drafted akin to same provision of the Indian Constitution.
Moreover, in a number of cases, it has been reiterated that secularism is one of the basic
features of the Constitution and cannot be abrogated. Freedom of religion is also guaranteed
as one of the fundamental rights.

Be that as it may, the practice of triple Talaq has generated many a debate, in legal as well as
in political circles. Demands have been made to declare the practice as being
unconstitutional. On the contrary, supporters of triple talaq have contended that in view of
the constitutional protection accorded to the personal law, it will not be in consonance with
the constitutional text and spirit to declare the practice as being unconstitutional.

Amid all this, the government of the day brought about a Bill in the Parliament, namely, The
Muslim Women (Protection of Rights on Marriage) Bill, 2019, which is passed by the Houses
of the Parliament, receives the assent of the President as required to be done under the
relevant provision of the Constitution, and becomes a law. The Act appended herewith is now
before the Supreme Court of Indica as the constitutionality of the Act has been challenged.