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KLE MOOT COURT COMPETITION

BEFORE THE HON’BLE SUPREME COURT OF INDICA

ORIGINAL WRIT JURISDICTION

PUBLIC INTEREST LITIGATION
ORIGINAL WRIT JURISDICTION
PUBLIC INTEREST LITIGATION

UNDER ARTICLE 32 OF CONSTITUTION OF INDICA

ASTITIVA ………………....………….... PETITIONER

v.
TREE OF LIFE……………………………………………………. RESPONDENT

ON SUBMISSION BEFORE THE HON’BLE CHIEF JUSTICE OF INDICA.

AND HIS COMPANION JUSTICES OF
THE HON’BLE SUPREME COURT OF INDICA

MEMORIAL ON BEHALF OF THE PETITIONER

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TABLE OF CONTENTS

List of Abbreviations……………………………………………………………

Index of Authorities……………………………………………………………

Statement of Jurisdiction……………………………………………………..

Statement of Facts…………………………………………………………….

Statement of Issues..………………………………..…………….....................

Summary of Arguments……………………………………………………….

Arguments Advanced…………………………………………………………..

Prayer………………………………………………………………………………...
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LIST OF ABBREVIATIONS

Abbreviations Full Forms

SC Supreme Court

SCC Supreme Court Cases

U/S Under Section

V. Versus

Ed.N Edition

ORS Others

ANR Another

AIR All India Reporter

I.E That Is

IPC Indian Penal Code

SEC Section

HON`BLE Honorable

FIR First Information Report

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INDEX OF AUTHORITIES

CASES:

 Budhadev Karmaskar vs. State of West Bengal

 Justice K.S. Puttaswammy v/s. Union Of India.
 Govind v. State of Madhya Pradesh
 Kajal Mukesh Singh vs State of Maharashtra (2021
 Suchita v. Chandigarh Administration (2009)
 Kharak Singh v. State of U.P (1962)

BOOKS :

 Black’s Law Dictionary

 M.P Jain, Indian Constitutional Law.

STATUTES:

 The Constitution of India, 1950

 Indian Penal Code 1860

WEBSITES:

 www.scconline.com
 www.manupatra.co.in
 www.westlaw.com
 www.indiankanoon.org
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STATEMENT OF JURISDICTION

THE PETITIONERS HAVE APPROACHED THIS HON’BLE COURT THROUGH WRIT

PETITION FILED UNDER ARTICLE 321 BY WAY PUBLIC INTEREST LITIGATION
OF THE CONSTITUTION OF INDICA.

THE PRESENT MEMORANDUM SETS FORTH THE FACTS, CONTENTIONS AND

ARGUMENTS IN THE PRESENT CASE.

1
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
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STATEMENT OF FACTS

1. 1.Indica is a diverse and multicultural society that values social ethics, personal moral
duties and most of all the sanctity of marriage. In the society of indica, Marriage is seen
as a sacrament and thus the responsivities and duties towards one’s spouse given the
utmost importance.
2. Despite the patriarchal and conservative nature of the society, illicit affairs and
prostitution first took its form in the ancient times. Thereby making prostitution one of
the oldest professions.
3. Over the years there has been an increase in the profession of prostitution. In order to
protect the women from trafficking and solicitation across the country, The Immoral
Traffic Prevention Act, 1956 was enacted. The act does not criminalize prostitution as
long as it is done individually and privately. The primary purpose of the act is to prevent
trafficking and solicitation.
4. Despite the legalization of their profession, the sex workers faced several safety and
health issues as a result of thee poor regulation of their line of work. Due to their constant
demand, The Indica Commercial Sex Workers (Protection and Regulation) Act, 2021 was
enacted to better regulate the profession of prostitution.
5. The enactment of this act resulted in better health and ensured safety amongst commercial
sex workers. Despite this, some states, rural areas and opposing parties have expressed
their criticism for the act calling the provisions for registration and licensing of sex work
unnecessary. There was also a public outrage with people claiming that the act violates
the sanctity of marriage.
6. The LGBTQ+ community has taken a neutral stance whereas the transgender community
in particular lauded the act for providing protection to one of their primary class of work.
7. The petitioner, Astitva is challenging the constitutional validity of this act claiming that it
is violative of one’s right to privacy. Hence the present petition.
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STATEMENT OF ISSUES

ISSUE I

Whether section 3 The Indica Commercial Sex Workers (Protection and Regulation)
Act, 2021 is violative of right to privacy?

ISSUE II

Whether the requirement of spousal consent violates the sanctity of marriage as

espoused by the Indican societal values and morality?

ISSUE III

Whether The Indica Commercial Sex Workers (Protection and Regulation) Act, 2021 is
against public health, safety and morality and is liable to be struck down?
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SUMMARY OF ARGUMENT

ISSUE I

Whether section 3 The Indica Commercial Sex Workers (Protection and Regulation)
Act, 2021 is violative of right to privacy?

Section of Indica commercial sex workers act deals with licencing and registration of sex
worker. Such registration mandates the sex workers to provide sensitive information about
their personal and professional lives. Such a mandate is violative of article 21 since it not
only asks them to provide for unnecessary details but also because it puts the sex workers at
an even vulnerable positing, posing a threat to their safety and making them prone to further
discrimination and ill treatment.

ISSUE II

Whether the requirement of spousal consent violates the sanctity of marriage as

espoused by the Indican societal values and morality?

The requirement of spousal consent to practice the profession of prostitution indicates that the
spouses has relinquished their right of sexual exclusivity over the other person. Such an act
does tarnish the sanctity of marriage and it also falls under the ambit of adultery. Further, it
puts the women at risk of being forced into prostitution by their spouse, human trafficking
and cruelty.

ISSUE III

Whether The Indica Commercial Sex Workers (Protection and Regulation) Act, 2021 is
against public health, safety and morality and is liable to be struck down?

Normalizing and legitimizing the profession of sex work negates the difficulties and
circumstances that forced these women to indulge in this profession. The Indian judiciary has
time and again set a precedent the empowerment of sex workers can only be done by
rehabilitating them, rather than normalizing their profession.
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ARGUMENTS ADVANCED

ISSUE I

Whether section 3 The Indica Commercial Sex Workers (Protection and Regulation)
Act, 2021 is violative of right to privacy?

It is humbly submitted before the honourable apex court that Section 3 of The Indica Sex
Workers (Protection and Regulation) Act 2021 is not consistent with the right to privacy as
enshrined under article 21 of the Constitution of Indica. The petitioners submit the following
argument under the same.

1.1 registration and licensing of sex work is violative of one’s bodily autonomy and
thereby violative of article 21
1.2 Availability of sensitive information as required for the registration of sex workers,
puts a very vulnerable class puts them at a risk of safety and violates the right to
privacy
1.3 In the case of Budhadev Karmaskar vs. State of West Bengal is a landmark judgment
that paved the way for securing the rights of sex workers. This case brought into light
the vulnerable state of sex workers and the social stigma attached to them. This ruling
upholds the right of sex workers to live with dignity as prescribed under Article 21 of
the Indian Constitution.
1.4 This case also prompted the Supreme Court to frame guidelines to address the plight
of sex workers to avert the possibility of any mishap of the like nature. Moreover, it
sensitized the general public that sex workers are not a mere commodity and they
must not be looked down upon just because of their profession.
1.5 The sex workers are also human beings and they are entitled to the same rights and
privileges as the other members of society.
1.6 In the case of Justice K.S. Puttaswammy v/s. Union Of India, it was held that privacy
is a natural right the inheres in all the natural person. The following extract of
judgement is relevant in the subject matter, Aadhaar registration is similar to the
registration in the Indica commercial sex worker (protection and regulation) Act 2021
where the problem is that instead of helping the disadvantaged sections like
commercial sex workers where there data of registration if get leaked lead can effect
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there life as they are not leaving a dignified life on day to day basis and by getting
there data will highlight there problems and instead of assuring better targeting of
subsidies and state benefits and helps in effective realization of a range of socio-
economic rights it can be fatal in terms of privacy.
1.7 The right to privacy is widely considered one of the basic human rights and the same
is explicitly stated under Article 12 of the 1948 Universal Declaration of Human
Rights: ”No one shall be subjected to arbitrary interference with his privacy, family,
home or correspondence, nor to attacks upon his honour and reputation. Everyone
has the right to the protection of the law against such interference or attacks.”
1.8 In the word of Justice Sikri The two facets of dignity as stated by Justice Sikri:“Right
to privacy is said that there is a need for balance between two conceptions of dignity
one based on the right to personal autonomy and other based on right to live a
dignified life. He held that the Aadhaar Act, as a whole, maintains dignity, however
he did strike down certain provisions on the grounds that they violate dignity.”
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1.10 Individual dignity predicated on freedom of choice and autonomy Community
approach to dignity, which accounts for "common good" and "public good".
1.11

Section 7 does not declare expenditure to be incurred by the Consolidated fund of India,
but only that the Aadhaar be made mandatory where such expenditure is incurred.