MOOT PROPOSITION

Dr. Asha Sharma v. Union of India and Others

1. Amar Sharma is a young and intelligent boy. He stood first in the State of Goa for his 10th
exams. Both his parents are well-known academicians and are known nationally and
internationally for their academic work. Being highly educated, they raised Amar in a
liberal environment where all opinions were given equal weightage, and the choices of
each were respected. Amar joined 11th standard in a reputed School by the name Infinite
International School. The Infinite International School follows an international
curriculum focused on learning by doing. The school encourages the students to develop
overall personality, and as part of the curriculum, the school offers various co-curricular,
extracurricular and cultural activities. The students are expected to participate in these
activities. Amar actively participated in these activities. When he reached the 12th
standard, he was made Cultural Secretary.

2. Ameena Khan belongs to an orthodox Muslim family. She completed her 10 th standard
and joined the 11th standard at Infinite International School. Her parents were not at all in
favour of sending her to this school as they thought this school was ultramodern and too
radical for their religious beliefs. However, due to persistent demand from Ameena, they
agreed. Ameena is attracted to the cultural activities organized by the school as she has an
interest in acting. Ameena met Amar a few times as he was the Cultural Secretary and
was in charge of designing various activities. Amar encouraged Ameena to pursue her
dream of participating in various cultural activities like dancing and drama. Ameena used
to confide her apprehensions about her parents being conservative and would not allow
her to participate in these activities.

3. Several times, Amar spoke to Ameena about why she should decide her life, not her
parents. Over a period, Ameena became a very good friend of Amar. They eventually fell
in love. A few times, Ameena visited Amar's home and met his parents. Ameena was
mesmerized by how Amar’s parents gave him the freedom to live his life. Many friends
of Ameena and Amar also know about the love affair between Amar and Ameena. Both
Amar and Ameena were selected to represent Infinite International School in a national
drama competition at Hyderabad. To get permission, Ameena informed her parents that
 she was selected to represent the school in the Quiz competition. When she was in
Hyderabad, her parents learned that she had lied to them about the competition.

4. When they confronted Ameena, Ameena told her parents that it was her life and she
would choose what she wanted. Her parents met Ameena's class teacher and friends, and
during a conversation with some of her friends, they learned that she was in love with
Amar. Immediately, they confronted Amar and later his parents and accused them of
alluring Ameena into unethical things. Ameena stopped attending school. After a month’s
time, Amar received a letter from Ameena sent through her friend Razia asking him to
take her away from home and marry her. She wrote in the letter that her parents are not
going to continue her studies and are planning to get her married and send her to Qatar.
Amar informed Razia that both being minors, they could not legally marry, and he needed
some time to think about what to do.

5. Meanwhile, he confided the whole thing to his friend Brayan. Within two days, i.e., on
10th August 2023, Razia called Amar and informed him that she needed to meet him
regarding Ameena, and it was urgent. Amar took Brayan and met Razia. Razia gave one
more letter written by Ameena to Amar. In the letter, Ameena expressed her love for Amar
and informed him that she was beaten and ill-treated by her parents, and they were
forcing her to marry someone. She would have done nothing but commit suicide if Amar
did not act fast and take her away from the home. Amar was desperate to save her and
asked the opinions of Razia and Brayan. After some deliberations, it was decided that
Razia would take Ameena to her home on 12th August. She would bring Ameena to the
Panjim Bus stand. Brayan would book two tickets to Bangalore for Ameena and Amar.
Accordingly, Ameena and Amar ran away to Bangalore on 12th August 2023 and got
married in a temple by exchanging garlands. They started living like wife and husband.

6. On 13th August, Ameena’s parents filed a police complaint that their daughter had gone
missing, and the said complaint was registered by the police under Section 363 IPC and 8
(2) of the Goa Children’s Act 2003. They further informed the Police that they suspected
that Amar could have taken her. Finally, police were able to locate Amar and Ameena in
Bangalore. They were brought to Goa on 10th September 2023. Ameena was sent to her
parents, whereas Amar was arrested on the charges of kidnapping and penetrative sexual
assault. He was sent to the Observation Home. Based on the statement of the victim and
 medical examination, it was concluded that both were physically involved with each
other. As per the birth records, Ameena is 16 years two months, and Amar is 17 years
three months. The Juvenile Justice Board referred Amar for preliminary assessment under
Section 15 of the Juvenile Justice (Care and Protect of Children) Act. During the
assessment, the experts interacted with Amar and also interacted with Ameena. Ameena
informed the Committee that she voluntarily went with Amar, and it was her wish to run
away from her family. The assessment report concluded that Amar could be tried as an
adult, considering his background and IQ. Accordingly, the Juvenile Justice Board
transferred the case to the Children's Court under section 18 (3) of the Juvenile Justice
(Care and Protect of Children) Act. Charges are framed against Amar under Sections 4, 8,
and 12 of the Protection of Children from Sexual Offences Act 2012, Section 8(2) read
with Section 2(y) (i) of the Goa Children’s Act 2003 and Section 376 of IPC. Police also
charged Razia, aged 17, and Brayan, aged 17, for abetment under section 17 of the
Protection of Children from Sexual Offences Act 2012.

7. At this juncture, on behalf of Amar, his mother, Dr. Asha Sharma, moved to the Supreme
Court to challenge prosecution before the Children’s Court as a violation of Amar's
fundamental rights. She challenged Section 3 of the Protection of Children from Sexual
Offences Act 2012 as the language used in the said section amounts to gender
discrimination. She also challenged the validity of Sections 3, 7, 11 and 17 of the POCSO
ACT 2012 and Section 8(2), read with Section 2(y) (i) of the Goa Children’s Act 2003, as
these sections overlook the consensual sexual relationships between children below the
age of 18. She pointed out that sections 7 and 11 are gender-neutral; as a result, Ameena
could have committed the offence under the same sections as Amar is also a minor. She
also challenged the validity of Section 375 (d) (6) of IPC regarding the age of consent for
sexual relations as it violates the privacy of the children. Supreme Court granted a stay of
the proceedings against Amar, Razia and Brayan till the final disposal of the writ petition
filed by Dr. Asha Sharma.

Parties are free to frame the issues.