2ND NATIONAL VIRTUAL MOOT COURT COMPETITION, LAW ADDICTS, 2022

MOOT PROPOSITION1
1. The Republic of Garfield is one of the largest democracies in the world which
procured its independence on 10th April 1947. Following this, the leaders of the
nation came together and drafted a constitution that was adopted by the People of
Garfield, which came into force on 16th January 1950 (Hereinafter referred to as the
‘Constitution’). The preamble and the ethos of the Constitution reflected religious
tolerance and the transition of the newly independent country from its regressive
colonial roots to a more progressive, open-minded and egalitarian society.
2. Over the last few decades, the Republic of Garfield has witnessed great turmoil
through protests championing the recognition of non-binary genders by the
Government of Garfield. Many non-governmental organizations, (Hereinafter referred
to as ‘NGO/ NGOs’), human rights activists and welfare groups have been supporting
the cause of the LGBTQIA+ community and have urged the government, through
several representations to identify and protect these marginalized communities who
have faced discrimination for centuries.
3. In 2013, an NGO called ‘Law Addicts’ filed a public interest litigation (Hereinafter
referred to as ‘PIL’) before the Hon’ble Apex Court of Garfield to legally recognize
persons who fall outside the male/female gender binary, including persons who
identify themselves as ‘third gender’. The Court deliberated on whether disregarding
non-binary gender identities was a breach of fundamental rights guaranteed by the
Constitution and it referred to an ‘Expert Committee on Issues Relating to
Transgender’ constituted under the aegis of the Ministry of Social Justice and
Empowerment to develop its judgement.
4. The aforementioned PIL culminated in a landmark judgment NATIONAL LEGAL
SERVICES AUTHORITY V. UNION OF INDIA AND OTHERS wherein the Hon’ble Apex
Court legally recognised ‘third gender’ persons for the first time and discussed
‘gender identity’ at length. Following this, the Parliament of Garfield passed ‘The
Transgender Persons (Protection of Rights) Act, 2021’ (Hereinafter referred to as the
‘Act’) which came into force from 16th March, 2021.The said Act looked at a range
of entitlements of such persons, providing specifically for them in health, education

1
The inspiration for the proposition was laid by Ms. Aparna Raju, School of Excellence in Law, the Tamil Nadu
Dr. Ambedkar Law University, Chennai and was drafted and finalized by Ms. Priyanga, M. & Ms. Sonu Mehtha
S., School of Excellence in Law, the Tamil Nadu Dr. Ambedkar Law University, Chennai.
 sectors, skill development and employment opportunities, and protection from abuse
and torture.
5. As per section 7 of the said act, If after the issue of the certificate under section 6(1)
of the Act, if a transgender person undergoes surgery to change gender either as a
male or female, such person may make an application, along with a certificate issued
to that effect by the Medical Superintendent or Chief Medical Officer of the medical
institution in which that person has undergone surgery, to the District Magistrate for
revised certificate, in such form and manner as may be prescribed. Finding this
provision to be contrary to our constitutional principles, ‘Law Addicts’ filed a public
interest litigation (Hereinafter referred to as ‘PIL’) before the Hon’ble Apex Court of
Garfield challenging Section 7 of the said act as ultravires. The petition has been
posted for final arguments.

6. CIS Global Hospital, a renowned Multi speciality Hospital located in Mumbai

established in the year 2011 is well-known for performing surgical procedures as laid
under Section 7 and also provides certificate to that effect. Patients from various
countries visit CIS Global Hospital for healthcare check-ups and surgical procedures.
CIS Global has registered its word mark under classes 10 & 44 for the word, “CIS
GLOBAL” in the year 2015 with the usage date of 16th March, 2011.
7. Surapinni Global Hospital, situated in Vijaywada established in the year 2014 also
gained the reputation of a hospital known for surgical procedures for
transgenders/LGBTQIA+ community. Surapinni Global was recognised as SG
hospitals in all of South Garfield. SG hospital has registered word marks, SG
Hospital, S GLOBAL, Surapinni Global under classes 10 & 44 in the year 2012 on a
proposed to be used basis. On 1 st January, 2022 an advertisement by CIS Global
Hospital was aired on all cable, satellite and social media networks. The
advertisement depicted a transgender woman walking towards a hospital which had
SG in a blurry image and was caught and steered by other transgender women
towards the CIS Global Hospital with a tag line on the screen reading– ‘Trust the
actual Global for your surgeries & certificates’.
8. After the requirements under the Trademarks Act, 1999 were fulfilled. SG hospital
filed an infringement suit restraining CIS Global from airing the advertisement which
was allowed by the High Court of Santora. The Hon’ble High Court of Santora
 directed CIS Global to remove the advertisement immediately. Aggrieved by this
order, CIS Global has filed an appeal before the Hon’ble Apec Court of Garfield.

9. The Hon’ble Apex Court of Garfield has decided to hear both these petitions one after
the other for final arguments on 6th March, 2022.

NOTE:
 The Constitution of Garfield, 1950; the Acts, Rules, Notifications, etc., in
force in the Republic of Gamora are in pari materia (identical) to the
Constitution of India, 1950, the Acts, Rules, Notifications etc., in the Union of
India. The Republic of Garfield is has ratified all the international
treaties/conventions that has been ratified by the Union of India.
 Parties are required to frame three issues minimum for each side. However,
additional issues may be framed.
 Drafters should not be contacted under any given circumstance.

DISCLAIMER:
This moot proposition is purely based on fictitious incidents whereby the characters
and incidents, the government and orders passed, and the course of events referred to
are completely imaginary and have no relation to any government or any person
living or dead or any real-life incident. The proposition is purely for training law
students to develop an analytical mind and to augment their advocacy skills.