Yashwantrao Chavan Law College, Pune

Internal Moot Court Competition 2022-23

Moot Court Problem

The Union of Magadh is located in the South Asian Region of Asia. It is one of the ancient
nations in the world. It is a democratic country with a written Constitution and having 28 States
and 8 Union Territories. The legal system of Union of Magadh is similar to India and the
mooters have to frame the issues and make submissions by presuming that the Constitution of
India and all other laws applicable in India are applicable to Union of Magadh and the state of
Devrashtra is similar to the state of Maharashtra.

Children are considered the greatest asset of any society or Nation that is why children should
be grown as responsible citizens, mentally alert, physically fit, and morally healthy so they can
contribute to the betterment of society. The primary goal of the Indian juvenile justice system
is to rehabilitate juvenile offenders and offer them a second opportunity. There are several
causes for which youngsters engage in illegal activities. The primary reason is that their brains
are not completely grown and they lack a mature sense of good and wrong.

On 9th August, 2017 the Commissioner of Women and Child Development (CWC), Devrashtra
State, Dist. Sitapur, issued a circular to all Child Welfare Committees providing certain
guidelines regarding admission of juveniles in need of care and protection and directions for
preventing misuse of the said provision by children having one or two parents capable of taking
care of the children. On the basis of the circular that was issued by CWC, Sitapur, CWC of
Meghapur also issued the order whereby the admissions of juveniles having one or two parents
were cancelled with the direction to deliver custody of such children/juveniles to their parents
and producing only orphans for admissions. This was done in light of the fact that the circular
was issued by CWC, Sitapur.

One Mhadu and Sunanda did not have a stable source of income and shelter. They have a kid
named Manglu who was eleven years old. They made the difficult decision to hand over him
to the Childern's Home so that he might get further care there. The Children's home of
Meghapur rejected the admission of Manglu, and therefore the circumstances compelled
Mhadu and Sunanda to keep Manglu with them. A short time afterwards, Manglu passed away
as a result of severe malnutrition and starvation.

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The circular from the Commissioner of Women and Child Development, Devrashtra State,
Sitapur, dated August 9, 2017, has been challenged by the “Human Rights Protector”, which
is a non-government organization that works to care for and protect children. The NGO claims
that the circular is illegal, arbitrary, and without the authority of law. An NGO also claims that
the circular is against the Constitution of Magadh and the Juvenile Justice (Care & Protection
of Children) Act, 2015 (herein after referred to as "Juvenicle Justice Act") and seeks quashing
of the same.

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Rules:
1. STRUCTURE OF THE COMPETITION:
The Competition will be structured as per the following format:
a. Preliminary Round
b. Final Round

2. LANGUAGE:
The language of the Competition shall be English.

3. TEAM COMPOSITION:
The team will consist of petitioner and respondent.

4. DRESS CODE:
All the participants of the college must appear in college uniform at the time of
moot court competition.

5. MEMORIAL STRUCTURE:
The participant is required to submit memorial in advance for the judges (two
copies per team from each side). Maximum 20 pages (A4 size). Memorial shall
have
a. Table of contents
b. Index of authorities
c. Statement of jurisdiction
d. Statement of facts
e. Statement of issues
f. Summary of pleadings
g. Arguments advanced
h. Prayer

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6. MARKS:
Criterion Petitioner Respondent Team
Memorial 20 20 40
Presentation 10 10 20
Research 10 10 20
Argumentative 10 10 20
capacity
Court mannerism 10 20 20
Total 60 60 120

7. ORAL ROUNDS
A. PRELIMINARY ROUND
a. In the preliminary rounds, one team member shall argue for petitioner and other team
member shall argue for respondent
b. Each team will get a total of 20 minutes to present their case. Maximum time allotted
for the argument for each participant is 7+3 minutes.
c. One team from each courtroom will be selected for the final round based on score of
oral argument and memorials submitted.

B. FINAL ROUND:
a. The Final rounds shall comprise four Teams.
b. One team from each courtroom will be selected for the final round based on score
of oral argument and memorials submitted.
c. In final round team members will argue against each other as petitioner and
respondent without changing their sides as per preliminary round.
d. The winner of the final round will be judged only on the basis of score of oral
argument.

8. IMPORTANT DATES:
a. The Final date for giving the team is 22nd November 2022.
b. The final date for submission of memorial is 26th November 2022.
c. The competition will be held on 29th November 2022 at 10.00 a.m.
d. The winner team will be given prizes and certificate of participation.

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9. MISCELLANEOUS:
a. Decision of the court is final.
b. Participants are required to bring their own case laws. A copy of referred case law
is to be submitted to judge at the time of competition.
c. Those students who want to participate in this college must enroll their names
with Mr. Nitin Chalwadi (Asst. Prof.) or Prof. M. M. Wanare (Asst. Prof.).

Date: 15/11/2022

Coordinator Principal