LAW OF CRIMES I (IPC)

TOPIC:- VOLUNTARY HEALTH ASSOCIATION OF PUNJAB

V.

UNION OF INDIA

SUBMITTED BY:-

RAM CHETTRI

BCOM LLB SEM -IV

ROLL NO. -17

GUIDED BY:-

ASST. PROF OF LAW

Indian Institute of Legal Studies

Dagapur, Matigara Siliguri, Darjeeling, West Bengal 734010
 IN THE HON’BLE SUPREME COURT OF INDIA

UNDER ARTICLE 32 OF CONSTITUTION OF INDIA

VOLUNTARY HEALTH ASSOCIATION OF PUNJAB

V.

UNION OF INDIA

MEMORIAL SUBMITTED ON BEHALF OF THE PETITIONERS

COUNSEL APPEARING ON BEHALF OF

MAGANBHAI ISHWARBHAI PATEL

 TABLE OF CONTENTS

INDEX OF AUTHORITIES

 LEGISLATION
 CASES REFERRED
 BOOKS REFERRED
 LAW LEXICON AND DICTIONARIES
 LEGAL DATABASES

LIST OF ABBREVIATIONS

STATEMENT OF JURISDICTION

STATEMENT OF FACTS

ISSUES RAISED

PLEADINGS

PRAYER
 INDEX OF AUTHORITIES

LEGISLATION

1. The Constitution of India, 1950.

CASES REFERRED

BOOKS REFERRED

Constitutional Law, Pandey, J.N., 8TH Edition, 2014

LAW LEXICON AND DICTIONARIES

1. B.A. Garner., Black’s Law Dictionary,6th edition

LEGAL DATABASES

1. www.indiancaselaws.org
2. www.indlaw.com
3. www.indiankanoon.org
4. www.lexisnexis.com
. LIST OF ABBREVIATIONS

& And

CPC The Code Of Civil Procedure

Hon’ble Honourable

ICA Indian Contract Act

@ at

Rs. Rupees

Sec. Section

LJ Lord Justice

AC Appeal Cases

AIR All India Reporter

Co. Company

SCR Supreme Court Report

U.O.I Union of India

 STATEMENT OF JURISDICTION

The Hon’ble Supreme Court of India has the jurisdiction to hear the instant matter filed as a writ
petition under Article 32 of The Constitution of India.

Article 32 in The Constitution Of India 1949 states:

Remedies for enforcement of rights conferred by this Part

(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

(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ),
Parliament may by law empower any other court to exercise within the local limits of its
jurisdiction all or any of the powers exercisable by the Supreme Court under clause ( 2 )

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for
by this Constitution
 STATEMENT OF FACTS

The order is about the problem of sex-selective abortion in India. The Court assed the present
situation and the various barriers that must be taken into account when States take steps to
address this problem by raising awareness of the legal status of the issue.

The Parliament has taken steps to prevent sex selective abortion by enacting a series of
legislative measures, with the primary one being the Preconception and Prenatal Diagnostic
Techniques (Prohibition on Sex selection) Act, 1994. While these legislative steps had been
taken, statistics demonstrated a lack of effectiveness of prevention of sex selective abortion and
that often time society at large did not perceive the gravity of the crime.

In response to the lack of success stemming from the legislation, Parliament issued Order
8.1.2013 which required states to self-report on steps being taken to enforce the legislation.
However, statistics revealed that again these measures were functionally unsatisfactory. It was
recorded that there was no proper monitoring of institutions where girls were vulnerable to
abortion and records showed that enforcement of the legislation was a slow and drawn out
process.

In reaction to this, amendments were made to the legislation. In realization of the fact that
institutions were often unaware of the law, Parliament issued amendments directing efforts to
ensure states implement the Act effectively and that they keep up to date with new developments
in the law.