UNIVERSITY INSTITUTE OF LEGAL STUDIES

PROJECT SUBMISSION FOR 9TH SEMESTER,2022(GROUP A-2)

BEFORE THE

HON’BLE PANJAB AND HARYANA HIGH COURT

W.P.(CIVIL)NO. …OF

2022

UNDER ARTICLE 226 OF THE CONSTITUION OF INDIA

IN THE MATTER OF:

SARAH………………………………………………………..PLAINTIFF

VERSUS

UNION OF INDIA…………………………………………..DEFENDANT

UPON SUBMISSION TO THE HON’BLE JUDGES OF

THE PANJAB AND HARYANA HIGH COURT

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MEMORIAL ON BEHALF OF THE PETITIONER
COUNSEL APPEARING FOR PETITIONER- BHAWNA KAUSHAL

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MEMORIAL ON BEHALF OF THE PETITIONER
 TABLE OF CONTENTS

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MEMORIAL ON BEHALF OF THE PETITIONER
 STATEMENT OF JURISDICTION

The jurisdiction of this Hon’ble Punjab & Haryana High Court has been invoked by petitioner
under Article 226 of the Constitution of India.

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MEMORIAL ON BEHALF OF THE PETITIONER
 STATEMENT OF FACTS

1. Sara is a 17-year-old girl resident of Mohali, who was recently diagnosed with a rare
form of blood cancer. With the present state of Medical Science, her disease is
incurable. When she found out about her condition, she was heartbroken.

2. However, she did not want to give up on life so easily. She started doing some research
and found out that there is a company in United States named Alcor life Extension
which preserves full bodies of human beings.

3. However, under present law, a person cannot be preserved cryonically while they are
alive as this would amount to murder.

4. However, Sarah is firm that this is her only way out and has approached the Punjab and
Haryana High Court to allow her to be cryonically preserved while she is still alive as
she argues that this comes under the right to bodily autonomy covered under Article 21
of the Constitution of India.

5. Also, she argues that by being cryonically preserved she is not going to end her life but
in effect causing her life so that she may get a chance to live later when the cure for
her disease is found. This, she argues is an extension of Article 21 right to life.

6. But unfortunately, her parents do not agree with her wishes as cryonics is a very
expensive procedure and they shall have to pay for it. Due to such huge expense, their
other children will suffer financially.

7. The parents also oppose her will to be chronically preserved on the ground that she is a
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MEMORIAL ON BEHALF OF THE PETITIONER
 minor and cannot enter into a contract with ALCOR.

ISSUES RAISED

Issues pertaining to the present case are following:

A. WHETHER RIGHT TO LIFE INCLUDES RIGHT TO BODILY

AUTONOMY ?

B. WHETHER THE PETITIONER BEING MINOR CAN ENTER INTO

CONTRACT WITH ALCOR ?

C. WHETHER THIS HON’BLE COURT HAS JURISDICTION TO DEAL

WITH THE WRIT PETITION ?

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MEMORIAL ON BEHALF OF THE PETITIONER
 SUMMARY OF ARGUMENTS

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MEMORIAL ON BEHALF OF THE PETITIONER