SMT.

SUBHADRA BHOSALE, 1ST NATIONAL ONLINE MOOT COURT COMPETITON 2022 1

SMT. SUBHADRA BHOSALE, 1ST NATIONAL ONLINE MOOT COURT

COMPETITON 2022

BEFORE

THE HONORABLE SUPREME COURT OF INDIA

APPELLATE JURISDICTION

In the matter of

MR. VISHWAM NATH……………………………………………… PETITIONER

V.
UNION OF INDIA…………...……………………………………RESPONDDENT

FOR SUBMISSION TO THE HONORABLE SUPREME COURT OF

UNITED BHARAT

WRITTEN SUBMISSION FOR THE RESPONDENT

Memorial on behalf of the Respondent

 SMT. SUBHADRA BHOSALE, 1ST NATIONAL ONLINE MOOT COURT COMPETITON 2022 2

TABLE OF CONTENTS

 LIST OF ABBREVIATIONS………………………………………………………….3

 INDEX OF AUTHORITIES…………………………………………………………….4

 STATEMENT OF JURISDICTION……………………………………………………6

 STATEMENTS OF FACTS……………………………………………………………7

 ISSUES RAISED………………………………………………………………………8

 SUMMARY OF AGRUMENTS……………………………………………………….9

 ADVANCE ARGUMENT……………………………………………………………10

1 WHETHER THE PRESENT PETITION IS MAINTAINABLE AS A PUBLIC

INTEREST LITIGATION ?………………………….............................................10

2 WHETHER THE DEPENDENTS OF DECEASED MIGRANT WORKERS ARE

ENTITLED TO COMPENSATION ?……………………………………………………

3 WHETHER THE MIGRANT WORKERS ARE LIABLE FOR “TRESPASSING” BY

CHOOSING RAILWAY TRACKS FOR THEIR TRAVEL TO HOME TOWN ?...........

4 WHETHER RIGHT TO LIVELIHOOD, A BASIC HUMAN RIGHT FALLING

UNDER ARTICLE 21 OF CONSTITUTION IS VIOLATED DURING PANDEMIC

COVID 19 ?....

 PRAYER……………………………………………………………………………….17

Memorial on behalf of the Respondent

SMT. SUBHADRA BHOSALE, 1ST NATIONAL ONLINE MOOT COURT COMPETITON 2022 3

LIST OF ABBREVIATIONS

ABBREVIATIONS EXPANSION

Art. Article

& And

V. Versus

AIR All India Report

Cr.L.J Criminal Law Judgment

CI. Clause

CrPC Code of Criminal Procedure

Hon’ble Honorable

IPC Indian Penal Code

SC Supreme Court

SCC Supreme Court Cases

Sec. section

edn. Edition

Memorial on behalf of the Respondent

 SMT. SUBHADRA BHOSALE, 1ST NATIONAL ONLINE MOOT COURT COMPETITON 2022 4

INDEX OF AUTHORITIES

CASES:

STATUTES:

Code of Criminal Procedure, 1973, No. 2, Acts of Parliament, 1974.

Indian Penal Code, 1860, No. 45, Acts of Parliament, 1860.

Mental Healthcare Act, 2017.

BOOKS:

Textbook on Indian Penal Code (KD Gaure, 6thedn, 2018)

The Indian Penal Code (Ratanlal&Dhirajlal, 35thedn, 2017)

Indian Penal Code (Prof. S.N.Misra,25thedn, 2016)

WEBSITES:

Casemine.com

Indiankanoon.org

Memorial on behalf of the Respondent

 SMT. SUBHADRA BHOSALE, 1ST NATIONAL ONLINE MOOT COURT COMPETITON 2022 5

STATEMENT OF JURISDICTION

The Hon’ble Supreme Court of United Bharat has the jurisdiction in this matter under Article
32 of the Constitution of United Bharat which reads as follows:

“32. 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, qua warranto and
certiorari, whichever may be appropriate, for the enforcement of the rights conferred
by this part.”

Memorial on behalf of the Respondent

 SMT. SUBHADRA BHOSALE, 1ST NATIONAL ONLINE MOOT COURT COMPETITON 2022 6

STATEMENT OF FACTS

Introduction of fact

United Bharat is unique in its contents and spirit.Constitution of United Bharat providing an
independent and impartial judiciary, established parliamentary system of government and
also guarantees fundamental rights to citizen which are enforceable before court of law.

On 30th January 2020

Severe Acute Respiratory Syndrome Coronavirus, a pandemic disease was reported in United
Bharat. All the sectors were adversely affected (economic activity as well as a loss of human
lives). The government of United Bharat declared lockdown throughout the country to
prevent the spread of this infectious disease. The government of United Bharat also declared
‘curfew’ under Sec.144 of CrPC of United Bharat. The enforcement agencies arrested and
detained the violators.

Mr. Ashish Baiga (migrant worker)

He was engaged in construction works in another state of “United Bharat” called Rashtra. He
belonged to a poor scheduled tribe family. He lost his job and not find out a new job. So he
decided to travel back to his home with his family(parents, wife, two children and unmarried
sister) but transportation not available due to lock down. So he along with five other co-
workers started their travel to Bangla. These migrant workers chose to walk home along the
railway tracks as train routes were considered shorter than roads. They opted railway tracks
as it is comparatively safer to evade police so that they don’t have to stop their travel in their
midway. But this poor labour class group had no sufficient money for meeting their basic
needs during their travel.

On March 5th 2020, at night by 7 pm

The labourers faced fatigue and lethargy because of sleeplessness, lack of rest and less food
and water intake. They walked on tracks with confidence as they assumed that no trains
would be running because of the lock down but they met with train accident. Mr. Ashish
Baiga resulting in their death. The other three were severely injured out of whom one lost his
right leg.

Number of railway accidents

By NCRB, it was found that 805 people suffered injuries and 8,733 people died on railway
track between January 2020 and December 2020. Majority of the dead were migrant workers.
United Bharat railway declared that refused to pay compensation to these migrant workers.
However, United Bharat railways declared that these are “not railway accidents” because
they come under the category of “untoward incidents” or “trespassing” and refused to pay
Memorial on behalf of the Respondent
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compensation to these migrant workers. They claimed that United Bharat is not responsible
for the deaths of migrant workers and in fact the deaths are caused not by “accidents” but by’
trespassing”. They claimed that it is a civic issue of concern and the railway was not acting
negligently and the railways has always made huge efforts in sensitizing trespassers to avoid
walking on tracks.

Government on compensation

The victims were given a very meager compensation by the state Governments concerned.
The Government of United Bharat also denied compensation to the victims families on the
ground that it is impossible to compensate these many families as the economic impact of
Covid-19 pandemic in United Bharat has been largely disruptive.

Memorial on behalf of the Respondent

 SMT. SUBHADRA BHOSALE, 1ST NATIONAL ONLINE MOOT COURT COMPETITON 2022 8

ISSUES

ISSUE 1

WHETHER THE PRESENT PETITION IS MAINTAINABLE AS A PUBLIC

INTEREST LITIGATION ?

ISSUE 2

WHETHER THE DEPENDENTS OF DECEASED MIGRANT WORKERS ARE

ENTITLED TO COMPENSATION ?

ISSUE 3

WHETHER THE MIGRANT WORKERS ARE LIABLE FOR “TRESPASSING” BY

CHOOSING RAILWAY TRACKS FOR THEIR TRAVEL TO HOME TOWN?

ISSUE 4

WHETHER RIGHT TO LIVELIHOOD, A BASIC HUMAN RIGHT FALLING

UNDER ARTICLE 21 OF CONSTITUTION IS VIOLATED DURING PANDEMIC
COVID 19 ?

Memorial on behalf of the Respondent

SMT. SUBHADRA BHOSALE, 1ST NATIONAL ONLINE MOOT COURT COMPETITON 2022 9

SUMMARY OF ARGUMENTS

Memorial on behalf of the Respondent

SMT. SUBHADRA BHOSALE, 1ST NATIONAL ONLINE MOOT COURT COMPETITON 2022 10

ADVANCE ARGUMENT
ISSUE 1

WHETHER THE PRESENT PETITION IS MAINTAINABLE AS A PUBLIC

INTEREST LITIGATION ?

Memorial on behalf of the Respondent

 SMT. SUBHADRA BHOSALE, 1ST NATIONAL ONLINE MOOT COURT COMPETITON 2022 11

ISSUE 2

WHETHER THE DEPENDENTS OF DECEASED MIGRANT WORKERS ARE

ENTITLED TO COMPENSATION ?

Sec.124-A of the Railway Act, 1989 reads as under:-

When in the course of working a railway an untoward

incident occurs, then whether or not there has been any wrongful act,
neglect or default on the part of the railway administration such as would
entitle a passenger who has been injured or the dependent of a passenger
who has been killed to maintain an action and recover damages in respect
thereof, the railway administration shall, notwithstanding anything
contained in any other law, be liable to pay compensation to such extent
as may be prescribed, and to that extent only for loss occasioned by the
death of, or injury to, a passenger as a result of such untoward incident:.

Provided that no compensation shall be payable under this Section

by the railway administration if the passenger dies or suffers injury due
to:-
(a) suicide or attempted suicide by him;

(b) self-inflicted injury;

(c) his own criminal act;

(d) any act committed by him in a state of intoxication or insanity;

(e) any natural cause or disease or medical or surgical treatment unless such
treatment becomes necessary due to injury caused by the said untoward
incident.

Memorial on behalf of the Respondent

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ISSUE 3

WHETHER THE MIGRANT WORKERS ARE LIABLE FOR “TRESPASSING” BY

CHOOSING RAILWAY TRACKS FOR THEIR TRAVEL TO HOME TOWN?

Mohd. Quamuddin & Ors. V. Union of India, the petitioners allege that the death of their
children was caused due to negligence on the part of the officials of the respondent, as the
railway tracks were not properly fenced and adequate safety measures had not been put in
place despite the knowledge that children regularly played in vicinity of the tracks at the site
of the incident. Court held that the railway tracks have been laid at an elevated level. The
respondent had ensured that the tracks are not at the ground level and had thus taken the
necessary safety measure to ensure that the tracks are not accessible in the normal course.
The railway authorities have been advertising extensively cautioning the public of the hazards
of trespassing on the railway tracks. The tracks also do not present a hidden trap. In the
circumstances, it is difficult to apportion any blame on the railway authorities for the tragic
incident. Accordingly, the petition is dismissed. No order as to costs.

Memorial on behalf of the Respondent

SMT. SUBHADRA BHOSALE, 1ST NATIONAL ONLINE MOOT COURT COMPETITON 2022 13

ISSUE 4

WHETHER RIGHT TO LIVELIHOOD, A BASIC HUMAN RIGHT FALLING

UNDER ARTICL 21 OF CONSTITUTION IS VIOLATED DURING PANDEMIC
COVID 19?

Memorial on behalf of the Respondent

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PRAYER

WHEREFORE IN THE LIGHT OF THE ISSUES RAISED, ARGUMENTS ADVANCED

AND AUTHORITIES CITED, IT IS HUMBLY PRAYED THAT THIS HON”BLE COURT

AND PASS ANY OTHER ORDER, DIRECTION, OR RELIEF THAT THIS HON”BLE
COURT MAY DEEM FIT IN THE INTERESTS OF JUSTICE, EQUITY AND GOOD
CONSCIENCE.

All of which is humbly prayed,

SU-

Counsels for the Respondents.

Memorial on behalf of the Respondent

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Memorial on behalf of the Respondent