Lux-et-Veritas

7TH NATIONAL MOOT COURT COMPETITION, 2018

MOOT PROPOSITION

Garaj Foundation

Vs.

Union of Arya Ganrajya and ors.

1. ‘Arya Ganrajya’ is a democratic, federal and republic nation in South Asia, having the
population of 1.25 billion. Demographically the nation has a very long coastline with an
abundant number of natural harbors which enabled the people of ‘Arya Ganrajya’ to trade
with traders from different parts of the world. Since time immemorial, merchants from
Europa, Chinese and Arabi had trade relations with the ‘Aryas’. Many of these foreign
trade men married local women and settled in the coastal belt of the nation. The 3 major
communities, which occupy the Ganrajya: Hindus, Catholics and Islamites. The off
springs of interracial relationship between the foreign traders and Aryas formed a new
community called ‘Aryomiscegeny’. Among the Aryomiscegeny, there exists a sizeable
number of persons with deviant sexual orientation like the homosexuals, lesbians and
transgender. These queer people are socially recognized and accepted by the
Aryomiscegeny community. Gay and lesbian couples living together as a family are
common amongst Aryomiscegeny and not a taboo to them. However other communities
considered such relationships as social taboo and people with deviant sexual orientation
were ill-treated.

2. Abhinav Kapur is a well-known Hindu merchant turned business tycoon in Arya

Ganrajya and married to Aliza Parker daughter of Mr. Parker-a Europa trader. Out of the
wedlock they have a son Shatrunjay who is presently of 26 years of age. Abhinav Kapur
is a well-known and respected public figure in the country and his son Shatrunjay is well
known for the luxurious parties and flamboyant lifestyle he lives.
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3. After constant force and pressure from his parents, Shatrunjay agreed to marry Delma,
daughter of Edward and Flavia D’costa who are also a well-reputed family. After 3
months of marriage, Delma left Shatrunjay and went to her parents’ home and sent a
divorce deed to Shatrunjay alleging that Shatrunjay was a transgender and this fact was
not disclosed to her before marriage and even parents of Shatrunjay were unaware of this
fact.
4. Delma also approached the media and disclosed this fact out of hatred for Shatrunjay.
Due to this tremendous loss of reputation in society, Abhinav and Brinda disowned
Shatrunjay and informed the media and newspapers that earlier they were unaware of this
allegation as Shatrunjay was just against marriage and they thought it was because of his
immaturity but later after this issue cropped up, they came to know that Shatrunjay at age
of 24 had undergone transgender surgery. Abhinav and Brinda no more consider
Shatrunjay as their son and have now disinherited him legally. The issue got the attention
of the media coverage due to the families involved and as his parents disowned
Shatrunjay. He has become a vagrant.

5. Delma, wife of Shatrunjay has filed an application for divorce before the competent court
and also filed a suit for breach of trust and misrepresentation against Shatrunjay and his
parents. The case is sub judice in the competent court.

6. Shatrunjay, whilst admitting that he had changed his sex from male to female to his wife,
Delma stated categorically that it was not fraud on his part because his sex change is a
matter of his right to privacy and there is no need to disclose to anyone.
Further his parents had forced him to marry Delma and that he was opposed to the
marriage but had not shared the reason for his resistance with his parents.

7. He had disclosed the said fact of his change over to Delma immediately after marriage
and had suggested that the marriage continue and that both of them had the option to find
their partners outside wedlock without any objection from the other spouse. This was not
agreed to by Delma.
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8. In these circumstances Shatrunjay approached a lawyer for his case but the lawyer
declined to take his case and insulted him and threw him out of his office on the ground
that he did not want a transgender as a client as his other clients would feel awkward and
also it would be below his status to have a transgender as a client.

9. Fed up with the trail of events, Shatrunjay approached an NGO called Garaj Foundation
and the NGO filed a declaratory petition in the Hon’ble Supreme Court of Arya Ganrajya
interalia seeking a declaration to give transgender the status of third gender instead of
being forced to classify either as a male / female and providing all the transgender with a
special status as other backward class (OBC) and demanded to give them reservation in
education, jobs, participation in elections, right to vote and such other rights conferred on
normal beings. But this was opposed by one Mr. Desai who professed to be a Brahmin
and also one Mr. Darshan who fell under the status of Backward Class. Mr. Desai
objected on the ground that there was enough representation of various sections of
society and that the representation of the non-minorities was getting less thus causing an
imbalance in society. Mr. Darshan objected on the ground on that the inclusion of
transgender in OBC would adversely affect their reservation.

10. Another transgender Gita also opposed the petition of the NGO. According to Gita
granting status as transgender would mean disclosing their sexual orientation which in
turn would amount to violation of the right of privacy as disclosing their sexual
orientation. Further Gita contended that any special status would make transgender more
vulnerable as being different from the other persons in the mainstream and that they
would face segregation and hence that would amount to discrimination. Gita wanted that
the transgender community be permitted to exist as normal citizens of the country
without being categorized as Male or Female or Transgender and that the only
categorization would be that they would be recognized as normal human beings.
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7TH NATIONAL MOOT COURT COMPETITION, 2018

11. Alongwith Mr. Desai, Mr. Darshan, and Gita, Delma and Shatrunjay’s parents filed an
intervention application in the Hon’ble Supreme Court of Arya Ganrajya.

The present petition alongwith other applications are clubbed for the sake of the brevity and are
now before the Constitution Bench of the Hon’ble Supreme Court of Arya Ganrajya for final
hearing and decision.

The laws of Arya Ganrajya are in pari materia with the laws of India.

All names, characters, persons, entities, etc., referred above are fictional in nature and any
resemblance with any person living or dead is purely coincidental.

Issues:

1. Whether undergoing a natural sex change anytime is fundamental right of every citizen
under the Constitution of Arya Ganrajya?
2. Whether non-disclosure of the fact of sex change by Shatrunjay amounts to breach of
trust, misrepresentation and fraud or is protected under right to privacy?
3. Whether treating the transgender as socially and economically backward class and
granting them reservation is unconstitutional?
4. Whether classification of transgender as third gender amounts to violation of right of
privacy?
5. Whether disinheriting and disowning Shatrunjay on exclusionary grounds of being
transgender is legal?

This Moot Proposition is authored by Mr. Jaideep Verma, Advocate Gujarat High Court
(Former Senior Associate, Crawford and Bayley & Company, Solicitors,Mumbai).
Teams are forbidden from making any attempt to contact the author, for the purpose of this Competition.