7th Intra-Class Moot Court competition 2020

Moot Proposition

1. Industan is a developing country whose constitution and laws are in

parimateria with the Union of India. The COID-19 pandemic had

tremendous impact on the country affecting millions and bringing the

country to a standstill. The economy shrank 23.9% in the last quarter of

2020 while the social impact on the citizens was unimaginable.

2. While researchers were still carrying out extensive research to develop a

vaccine, they were nowhere close to a solution. In addition to this, the fact

that an potential drug must go through a serious of tests to ensure efficacy

and prevent any other health issues made developing a vaccine an

onerous task.

3. Such being the case, scientists developed a new process wherein the anti-

bodies of a person recovered from COVID-19 could be used to treat

another person infected with the virus. However, the process was quite

complicated and required technical expertise. After months of study,

doctors in Industan found a method to extract antibodies safely from one

person’s blood and transfuse it to another person infected with COVID

-19. However, these antibodies could not be stored and a live transfusion

was essential.

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4. When the program was rolled out to treat the persons infected with

COVID-19, the result was disastrous. It was found that hardly any patient

who had just recovered from COVID-19 was willing to be a live donor for

another patient. The recuperated patient cited poor medical infrastructure

in government hospitals as the main reason for the denial as they feared a

serious risk of infections. It was perceived that a person who had

recovered from COVID-19 was more susceptible to infections if due

medical care is not exercised during live blood transfusion.

5. The Government of Industan was determined to resolve this impasse. As

the government medical hospitals were funded by the State, the central

government was empowered to make laws to govern the administration

of the medical establishments.

6. As the parliament was not in session, the Cabinet approved an ordinance

to make blood transition mandatory in government hospitals where a

patient recovers from Corona virus. The ordinance provided for an

undertaking to be secured from a corona virus patient prior to treatment

that after recovery and prior to discharge, the patient would donate 350 ml

of blood for the benefit of another patient who is infected with corona

virus.

7. The President approved the Mandatory Medical Blood Transfusion Act,

2020 (“MMBTA”) with immediate effect. The Act also provided for fine

and imprisonment for violating the terms of the undertaking provide prior

to the treatment obtained from a government hospital for Corona Virus.

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8. Being aggrieved by this, “MY Body MY Choice” an N.G.O. filed a Writ

Petition before the Hon’ble Supreme Court challenging the constitutional

validity of MMBTA. It was contended that the provisions clearly

contravened Article 21 of the Constitution where in Right to Life includes

the right not to be made subject to a invasive medical procedure. A person

who does not want to be a part of a live blood transfusion cannot be

compelled to do so. They contended that the application of the law being

restricted to government hospitals and exempting private hospitals

violates Article 14 of the Constitution.

9. The Government of Industan has been served and they have filed their

Statement of Objections to the writ petition filed by MY Body MY Choice.

The Government of Industan has sought to justify MMBTA on the ground

of larger public interest being involved for the welfare of the state. It has

clarified that the Law is applicable only to Government hospitals as they

are entirely funded by the state. If a person does not want to donate blood

after availing treatment, he/she can choose to do so by availing medical

facilities from a private hospital on payment.

10. The pleadings having been completed, the case is set out for Hearing via

video conference. Parties are at liberty to raise additional issues.

Issues on behalf of the Petitioner:

1. Whether the Mandatory Medical Blood Transfusion Act, 2020

violates Article 21 of the Constitution as being violative of Right to

Health?

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 2. Whether the Mandatory Medical Blood Transfusion Act, 2020

violates Article 14 of the Constitution for being discriminatory and

arbitrary?

3. Whether the central government was empowered to legislate upon

the subject of public health?

Issues on behalf of the Respondent:

1. Whether the present petition is maintainable at the behest of an

N.G.O.?

2. Whether the Mandatory Medical Blood Transfusion Act, 2020

violates the provisions of the Constitution of Industan?

3. Whether the central government was legislative competence in the

midst of a pandemic to legislate upon the subject of public health?