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    Moot Court - Syllabus 2

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    Scridot or www a SAVEETHA SAVEETHA SUBJECT NAME: MOOT COURT SUBJECT CODE: CCO4 OBJECTIVE 1) The Aim of this course is fo make students aware of the court proceedings related to disputes between parties. 2) This course helps in the development of legal skills, research acumen and speaking skills, 3) It ensures that students cam acquire knowledge about draft plaint, prepare written statement and argue with duties of an advocate. 4) This course allows the students to analyse a problem, research the relevant law, prepare written submissions, and present oral argument. 5) The objective of the Moot Court Competition regularly makes a student familiar with the proceedings that take place generally in real courtrooms. COURSE INSTRUCTIONS: 1. Students from first to final years are free to choose this law course. 2. This Core Course is for 4 credit points (Minimum 65 Hours). 3. The minimum attendance requirement for successful completion of the Course is 80%. In case of a student not securing 80 % attendance, he/she will be debarred from attending the final exam for that particular course and she/he has to repeat the course. 4, The evaluation process of this cours € Is of two segments, Every student has to mandatorily complete the following ‘components for completing the course, ‘The evaluation and assessment shall be as follows: - AGE Scanned with CamScanner ) Formative Assessment (100 Marks) b) Summative Assessment (70 Marks for Un cersity Examination & 30 marks for Viva) Formative Assessment includes the following components, Monthly 1 Monthly 2 Model ‘Multi Moot Research Field Visit Research Manuscript Research Presentation Publication Co-Curricular ‘Summative Assessment includes: Course end Written Examination Viva Minimum Prescribed Mark: 10 Marks 10 Marks 20 Marks 20 Marks 05 Marks 10 Marks (05 Marks 10 Marks 10 Marks 70 Marks (2hrs 30 mins) 30 marks Every student has to secure a minimum of 35 marks ont of 100 in the Formative ‘Assessment in order to take up the end examination, Every student shall secure a minimum of 35 out of 100 fu the Summative Assessment. In order to have cleared the course every student should secure an aggregate of 100 marks out of the total 200. In case of a student not securing the minimum preseribed mark, she/he las to redo the cours ate Scanned with CamScanner 5. Use of mobile phones and carphones during the class hours are strictly prohibited other than for academic purposes - 6, Students interested in participating ontside college events , seminars, conferences, should get prior approval moot courts, mock trials and other co-curricular activi from course faculty and get OD approval . 7. The attendance once entered in the portal cannot be altered. 8. It is mandatory to participate in the Multi Moot and submission of Research ‘Manuscripts for getting eligibility for University Exam, Syllabus PROBLEM 1 The Union of Drupadam from the past three decades, having rapid developments in science and technology and improvements in health care facilitics.Union of Drupadam is surrounded by six countries Kekayam; Sindhisthan; Panchalam; Vankadesb; Cylon and Malayarajyam. Except Sindhisthan all the other five countries are having good friendly relations with Drupadam. These countries are against abortion and artificial human reproductive ive medical research in the field of ART to help the technologies. Drupadam focused on ext childless couples to have their own genetically related child and also to raise the economy of the country through medical tourism. Drupadam emerged as the ‘capital for surrogacy’ in the world, The practice of surrogacy in Drupadam was largely unregulated which resulted in several litigations before the Hon'ble Supreme Court and different High Courts all over the country.‘Mannar’, a small town in Kerala, a state in Drupadam, has acquired a distinct reputation as a place for outsourcing commercial surrogacy. The Law Commission in its 326th Report recommended that the government should take steps to regulate ART. In June, 2019, the Parliament of Drupadam enacted a Surrogacy (Regulation and Control) ‘Act, and thereby legalized the practice of surrogacy, Section3; ‘every married hetero- sexualcouple is entitled to have a child with the help of surogacy (both altruistic and commercial)’Provide hetero sexual couples belongs to Kekayam; Panchalam; Vankadesh; Cylon and Malayarajyam are also cligible to claim the right to access surrogacy in Drupadam. Most of the religious groups staged several protests against the legalization of a4AF Scanned with CamScanner surrogacy.An NGO, ‘Pro- Life’ working in the field of human rights of women approached the Hon’ble Supreme Cour of Drupadam with a petition contended that the Surrogacy Act is ‘unconstitutional and a violation of international obligations of Drupadam. On 24th August 2019, NGO's including Pro-life organised a long march to Parliament of Drupadam against the Surrogacy Act. Mrs. Carolin and Mr. Jacques, representatives of Pro- Life in France and England respectively, were also part of this long march, The march started ‘peacefully, but subsequently became very aggressive, To control the mob violence, the police started using tear gas, followed by lathi charge. As the situation escalated the police opened fire which resulted in bullet injuries to several people including Mr.Jacques and Mrs. Carolin ‘Mr. Jacques succumbed to the bullet injuries and died the next day. Mrs. Carolin received serious injury and one of her leg had to be amputated. 10. Mrs. Angelina, the spouse of Mr. Jacques, approached NHRC claiming compensation for the death of her husband. The NHRC directed the Central Government to pay Rs.20,00,000/- as compensation to Mrs. Angelina. The Home Minister in a public meeting stated, the Government is not going to pay Mrs. Angelina as Mr. Jacques participated in an illegal and violent protest against the Govemment and Mr. Jacques was a victim of opposition party and their hidden agenda to create problems.The NHRC approached the Hon'ble Supreme Court of Drupadam with a petition for ensuring that Mrs. Angelina will receive the amount of compensation as granted by NHRC. In September 2019, a Couple X&Z from Sindhisthan approached a Surrogacy clinic in Manna’, The request was rejected on the grounds that they ‘were not entitled to claim the right to access to surrogacy in Drupadam. The Couple X&Z approached the Hon'bleSupreme Court with a petition to nullify the proviso provided in Section 3 of the Act. In October 2019, Mr. Freddy, the husband of Mrs. Carolin approached the Hon'bleSupreme Court of Drupadam with a petition claiming compensation for the injury suffered by Mrs. Carolin. OHCHR expressed their concerns about the police actions and filed 1 petition to join as a party in the petition filed by Mr. Freddy. This petition was vehemently objected to by the Central Government The Hon'ble Supreme Court of Drupadam for the sake of convenience decided to hear all the eases on the same dayDecide Decide. ORs Scanned with CamScanner PROBLEM 2 ere college batch mates and were good friends. After Mr, Karthi and Ms. Kavita wi iship, Accordingly, raduationshey decided 10 convert that friendship into a mortal relation ‘wth the consentof he parents they got maried under Special Marriage Act, 1954 inthe Year seuled inChenna, Kathi was an onthodox person and ha high belief in mythology 2007 and, needs a son, therefore, ‘and in Hindu God. Hehad a firm betief that to attain ‘moksha ‘a man fe of 5 years Kavita he insisted on having a sonfrom the marriage. During the matrimonial wvas employed as bank manager She took matrimonial leave and delivered two baby gil - Kavya in 2009 and Keerhi in 2011.Duc to absence of male child there were quarels and ltercations between the couple. This resulted into divorce between them by mutual consent in January, 2012, During this dificuipriod, Kavita was transferred to Erode. She met Mr Mana Chandran, a smart, handsome, andeffcient college professor who expressed his love and desire to marry her, As he was already married she waited for divorce, Immediately after the divorce they got married in October, 2012.So0n after the marriage Kavita got promotion ‘nd got busy with her work, Therefore, sheultimatcly took the decision not to have children within 5 years of marriage. She was not takingproper care and giving love and affection to ther husband. Mr. Manuchandran tried his level bestto persuade the matter. But, he could not succeed. Kavita told Kavya and Keerthi that Mr-Manuchandran is not their father. She always voided him to have pleasure of Kavya andKeerthi’s company as their father. In 2013, Kavita ‘was transferred from Erode to Tirupati, Sheshifted with her daughters to Tirupati and Mr. Manuchandran continued in Erode. The behaviourof Kavita did not change. She was also dominant and abusive on phone and in person whenevershe was meeting Mr. Manuchandran. ‘AsMr. Manuchandran was alone in Erode and no one totake care of him, he hired a domestic servant, Pavizham aged 17 years for daily chores. Shestayed in the house and took care of ‘Mr. Manuchandran, This leads to development of live inrelationships between them. In June 2014, when Kavita visited Erode she came to Inow aboutthe relationship as Pavizham was pregnant, Being aggrieved with misconduct and extramaritalaffair Kavita served notice of divorce. She filed divorce petition in Family Court, Erode on theground of irretrievable breakdown of marriage, Family Court dismissed the said petition. Againstihe decision of the Family Court wife filed an appeal in Erode High Court on the same ground. The High Court dismissed the appeal as there is no specific provision under existing laws. Thenthe wife filed Special Leave Petition in Supreme Court stating that divorce should be granted onirretrievable breakdown of marriage. Decide. A474 Scanned with CamScanner PROBLEM 3 On December 9, 2013, marriage between Sameera and Chandan Lal had been solemnised siPallam in secordance with the laws, traditions and customs of the Hindus, Inthe run up to ‘themarriage, dowry had been demanded by the parents of Chandan Lal and the same was acceptedio be given by the Parents of Sameera despite them having only modest means. Indeed herparents had also given a ‘written agreement “to her husband’s family that they ‘would be givingthem Rs.2 lakh and a share in property ‘to their daughter "within three years of marriage, Atwo-whecler was also promised to be given to Chandan Lal in future. Against ‘this understanding,a newly-wed Sameera entered her husband Chandan Jel's house in Pallam ‘with her trousseau and20 sovereigns of gold that her parents gave her as part of dowry. Afler 1 few months of hermarriage, her in-laws started demanding the money promised as dowry. ‘They also threatened herwith dire consequences if the same is not paid within a stipulated ‘time, Sameera went to herparental home fo get the dowry, Her parents could give her only hhalf the amount and she cameback to her matrimonial home with that and gave it to her in laws. Though they were somewhatsatisfied for a brief period, they started harassing her again and she was physically tortured,mentally abused and kept locked in a room. On many ceasions, Chandan lal beat her not only infront of the rest ofthe family but also others from the neighbourhood. She was not given food to eat and made to starve for many days. She was reportedly kept under ablack magic spell” by her husband and mother-in-law all because of the regressive ‘and illegalpractice of giving and receiving dowry. When Sameera was pregnant with her first child, herparents visited her in her matrimonial home and wanted to take her to their home for the child'sbirth. But Chandan Lal's family convinced her parents that they would take care of her delivery. They eventually even made Sameera tur against them. She had told her parents: “Ihave noproblem here; Iam fine, Why have you come here?". We assumed our visits would cause hemproblems and so we decided to stay away for some time”, Soon thereafter, all means ofcommunications were taken away by the in laws to prevent any communications between, hherand her parents and relatives. After the birth of a femalé baby, her husband and her in lawsstarted harassing her again, She was not given enough food to eat as a result of which shebecame too weak. She was only given sugared water and soaked rice, just enough to keep herbreathing. Shortage of food for a long period of time had reduced hier to bare bones and Aleshesweighing nearly half of what she was at the time of marriage. Chandan lal also sexually forcedhimnself on her much against her wish and body conditions, B50 Scanned with CamScanner When Sameera was expecting her second child, again her family tried to visit her. They wereready to meet her with gifs and take her home as per their customs. But her mother-in- she couldn't lawingormed Clearly that Sameera could go with her parents if she wanted, but ‘comeback to their house, Chandan Lal 's brother-in-law later intervened and informed her parents thathey could take Sameera home after her delivery. Accordingly, her parents calculatod her duedate and tried to contact her. But all their efforts to see her fell through. When Sameera *s motherand aunt reached the hospital, Chandan Lal reportedly started threatening them. They finallylearnt that Sameera had given birth to the baby through 2 ‘caesarean procedure, three days afterthe delivery. After few months Sameera succumbed to the prolonged abuse of her in-laws. Shewas taken to the hospital but was declared brought dead, When her parents saw her body at themortuary, she was nothing but a skeleton with skin and hair. According to the posl-mortemreports, Sameera weighed only 20 kg, After ‘Sameer’s body was taken to the mortuary, her auntsaid Chandan lal left the hospital and asked some other person to inform her family about herdeath. Meanwhile, Sameera’s children (aged 4 years and 1 year 9 months) continue to be under CChildProtection home. The parents of Sameera gave a request tothe Child care authorities to ‘grantthem the custody of the children. Sameera's parents, in their efforts to get justice for theirdaughter, filed a case of dowry death (among other issues) against Sameera’s husband andinlaws in the local court. Meanwhile, the National Commission for Women bas takencognisance of the incident via a media report and directed the DGP and Pallam Police Chief Krishna Rajan, to take necessary action PROBLEM 4 Mr. Ashok, a Hindu by religion married Miss, Sanjana on 17th November, 2011 as per ‘Hindurituals. Thereafter they resided in the matrimonial home with the parents of Mr. Ashok. Mr.Ashok’s mother was an orthodox female and hd high belief in mythology and in Hinds God She had a firm belief that to attain Moksha, a man needs a son, therefore she always insisted onSanjana to conceive and give the privilege to them of being grandparents to a grandson. Miss.Sanjana delivered a baby git] on 9th April, 2013 and thereafter differences arose between them.Ashok’s mother continuously passed insulting remarks upon Sanjana and hor baby gitl. She oftenremarked that if Sanjana does not give their family a boy, she will ask Ashok fo marry anothergirl, Several times Ashok fought with his own mother, telling her that AT Scanned with CamScanner he is satisfied with his wifeand has no complaints fiom her. Sanjana stated persuading hisparents and move to a new house to which Ashok never family. Finally on 22ndDecember, isband to change Ashok to leave the house of hi agreed. He was adamant that he wantedto stay with h 2013 Sanjana, frustrated with the constantbickering and inability of her hu 1 and return to her parent's residence, decided to leave the matrimonialhouse with her daughter imes. However, he never found her at home. house.Ashok visited Sanjana's house several He couldnever even viit his daughter because Sanjana was never available, Finally, on 2nd “anvary 2016,Ashok, frustrated with Sanjana, filed for divorce ws 13 ofthe Hindu Marriage ‘Act allegingdesertion by his wife. The summons were issued to Sanjana at the address shown but the samewere retuned by some Ms. Asha marked as ‘refused to accept”. The family was heard ex court, considering itas good service proceeded with the matter. The pe parte and on the basis ofevidence adduced by Ashok, the family court granted divores to the hnusbond on L6thSeptember,2016. The copy of the order was sent by Ashok to Sanjena on the adéress provided. On 25thFebruary, 2017, Ashok married Miss Pooja, a Hindu by religion. Pooja conceived Ashok's childand was due for delivery on 13th April, 2018. Meanvhile, Mrs. Sanjana filed an application on3rd October, 2017 before the High Court, for 1 for filing an appeal againstthe decree of Family Court granting ex parte condonation of dela ‘as the summons were served decree to Ashok stating that she was unaware of theproceedings oon the address on which she was not residing, She alsostated that her parents moved to anew never had the {intention to desert Ashok but only wanted to teach his mother alesson. She argued that she snce decided to leave the house and accordingly, she also went to the new house.Furthermore, she ‘was frustrated with the constant remarks by Ashok’s mother andhe ‘matrimonial house but nover desired to sever the matrimonial bond.Decide. PROBLEM 5 Suseela filed an application for restitution as conjugal rights under Hindu Marriage Act, shemarried one Madhav in a temple near Chandragiri on 14the March, 1992 by exchange of garlands. She farther stated that she joined her husband and her mother-in-law was i treatingher for reason that their marriage was not an arranged marriage and the marriage performed wasnot a marriage at all itis her further case that she and her husband went to ‘Tinumala that they hadundergone all marriage ceremonies on 3rd October, 1992 in Tirumala Purohit Sangam hall andihus the marriage was solemnised. The husband who is under the thumb of his mother desertedher in March 1993 and she has been living separately ever since. ‘The contention of Madhav isthat he came into contact with Suseela as she was introduced to ASL Scanned with CamScanner him in a fimetion by a friendwhere accidentally a photograph of both of them was taken. He did not many by exchange ofgarlands as alleged by her on 14-3-92 and he married his rmatemal uncle’s daughter on 6-6-92.He further alleges that taking advantage of his state of drunkenness Susecla took him to Tirumalaand he was not knowing as to what was going on 3rd October 1992. He says that Suseela is aChristian and he had produced an affidavit (in ‘which her husband's name was also mentioned)signed by her and attested by a notary to the effect that she is a Christian and the affidavit wasneeded for securing employment. Madhav had also got hold of a birth certificate where it isstated that Suscela gave birth to a male child 3 years prior 14-3.92 and the husband’s name ismentioned as Joseph C. Pratop. Madav therefore content that his marriage at all there is one withSusecla is not a valid marriage and ‘she is not entitled for Restitution of Conjugal rights. PROBLEM 6 Shabina ,Resident of District Teemrana in the state of Uttar pradesh, Married to sulaiman and shewas working in the Malal Industrial Sector as a Labour for last 3 years she was not confirmed ofher work. She requested her supervisor to assign her some other work as she is in family way (2months pregnant )-The supervisor ordered her to do so or else she will be removed from the job.Shabina had no alternative so she decided to execute the same and after 4.45 pm she hadsbdomen pain .When She approached the dispensary of the factory outlet and the doctorsuggested her either taking some pain killer tablets or resting for an hour However she decidedto take the tablet. Then she left for her residence .She could fee! the abdomen pain which wasunbearable and then her husband and in-laws took her to the hospital. She was examined by thegynaecologist. The gynaecologist identified the miscarriage of the child that could have beencaused by the pills she took . Am year afier the miscarriage her husband gave her triple talaq onpertaining to this issue and when she rejoned on 10/09/2018, she was informed that she has beenreplaced and she was not paid any dues. ‘The industrial trade union conducted a silent strike onthe premises of factory and a lockout ‘was eventually done by the management .The Few Tradcunion members started throwing stones at the bungalow of MR Abinanth and so he appointedbouncer and made Jathi charge, ‘Trade union filed a petition for violation of article 21. Decide. Scanned with CamScanner PROBLEM7 [Abha, an 18 years old young girl, was pursuing her studies from Ryan Intemational ‘a boy named Tarun, who was her senior in the same Jationship. Abha’s parents, were College,Delhi. She hod been dat college. Soon,their friendship converted into live ‘unaware about thedevelopment. They came to know only when Abha got pregnant. To jeparents of Abha decided to marry Abha with Tarun. Abha was also ‘prevent social stigm willing to do so, but Tarunand his parents refused to accept the offer of marriage and put allegations on Abba that she ishaving illicit relations with somebody else. As a result, Abba filed o petition for maintenance inTis Hazari Court, Delhi on the basis of live-in-telationship. “The refusal of Tarun to mary and hisbitter attitude put Abha in deep depression which ‘ulimately affected her physical health, Butstll, Abha refused to abort the child even after persuasion from family members and relatives. Toprevent social stigma, Abha’s parents decided to mamy her with some other boy, who was knownto them, Abha’s father put the proposal of her marriage to Mr. Pankaj Mehra, his childhoodftiend to consider Abba for his son, Sushant aged 28 years. Both the families knew each otherwell, but Abha and Sushant had not met each other before that time. Sushant was a law graduatefrom University of Delhi. During his college days, he was actively involved in youth politics andremained General Secretary of the Student Council of the College. He was highly ambitious tojoin national politics. He decided to contest the election of Lok Sabha and bocame the youngestmember of ‘the Parliament afler winning election, After discussing the entire situation ‘ruthfully,Sushants "father accepted the proposal for marriage. The festivities began in both the families, Apre-wedding tour was planned for Sushant and Abha so that they can understand each other.Abhe and Sushant went to Kasauli on tour. Tarun came to know about ‘Abha's plan and reachedKasauli to meet her. Abha saw Tarun and tried to avoid him, But ‘when Sushant enquired aboutthe guy, she introduced Tarun as his friend. Sushant became awkward, yet he ignored the matter-Ultimately, marriage was solemnised on 12th January, 2017, After marriage, Sushant used toremain busy in politcal activities and spent very less time with his newly wedded wife, Abha Due to this, emotional bonding between the two ‘could not build-up. Afler marriage, only on avery few occasions, Sushant had intercourse ‘with Abba just to fulfil his physical lust, Due to this,Abha was frustrated. On 28th January, 2017 in the night at approximately 2 A.M, Abha suddenlywoke up and found that Sushant ‘was not available on the bed. Then, she heard whispers from theadjacent room. She stepped ut of the room and tried to see what was happening in the roomadjacent to their bedroom. 54 Scanned with CamScanner She was shocked to see that Sushant was physically involved with hisfast friend, Abhay. She shouted at them and started dragging her husband from that room. Therewas 2 big quarrel among the two. The incident led t0 spoiling of their relations completely. Earlyin the rmoming, Abha narrated the incident fo her parents but her parents advised her to adjust asit lf alone, Abha made a telephonic call to ng he ‘Tarunand narrated him the whole story. Tarun wanted to avoid the li was her only home after marriage: maintenance andother legal consequences ageinst him. So, he started showing his concern for [Abha, Resultantly, again, they started mestng with each other. On 25-02-2017 when Sushant vas coming out of ahote, after his meeting with party workers, he noticed that Abha was conning with Tarun from ahotel room. Later, on the same day at around 10:00 P.M, Sushant retumed home afterconsumption of alcohol and in a drunken state, he asked Abba about her visit to the Hotel. Sherefused and shouted at him. Both exchanged hot arguments and then ‘Sushant ad intercoursewith Abba which was resisted by her. The incident ed to breakdown of the marrage completely. Abha narrated the whole story to her mother, but her mother explained the sad realty of her lifewith Tarun and advised her to adjust herself in the new cavironment as it was her only home nowafter marriage. When Able discussed the matter ‘with ber in-laws, they started sbusing her for herpre-marrisge acts and threatened her that she rmetey.Mother.in-aw also slapped Abha, when she hhas no option except to remain at noticed frequent calls from Abha’s mobile onTarun's number, She was advised to shut her ‘mouth and not to tell anything outside, Feelingagerieved, Abha let the home of Sushiant and started living on rental accommodation in DwarkaNew Delhi. Abha filed a petition for ‘maintenance and specific demand for separate residence inDistrict Court at Dwarka. Abha also lodged an FIR against Sushant for commiting rape as thesexual intercourse was against hher will. She also filed a petition under Domestic Violence Act,2005 against Sushant, his father and mother, Mr, Sushant filed a petition in Delhi High Court w/s482. Cr.Pe. for ‘quashing FIR on the ground that Abha is his legally wedded wife and cobabitationis essential for the institution of marriage. In the meantime, District Court Tis Hazari dismissedthe ‘maintenance petition filed by Abha against Tarun on the ground that the petitioner was not legally wedded wife, therefore, she ean not ask for maintenance. Against the decision of Distric{Court, Abha filed an appeal before Delhi High Court on the ground that she is carrying in wombibe foetus which was the result of live-in-relationship between Tarun and her. Tarun submittedthe cross objections on the ground that Abha is legally wedded wife of Sushant and she can claimmaintenance from Sushant only. In the meantime, District Cour, Dwarka allowed themaintenance petition filed by Abha. Against the decision of District ans i lll Scanned with CamScanner Court, Dwarka, Sushant filedan appeal in Delhi High Court on the ground that Abha is cetitled for maintenance from Tarunonly as she was pregnant as a result of live in relationship with Tarun before mariage with him.Sushant also objected to the legitimacy of the child in the womb of Abba on the ground thatAbha was pregnant before the marriage and hie is not the legitimate father of the child which wasyet to be born, Therefore, Tarun is only responsible to maintain Abha, Now three petitions arclying before the Delhi High Court ie. 1. Petition filed by Sushant ws 482 for quashing FIRWhich was lodged by Abba for committing rape. 2, Appeal filed by Abha against Tarun formaintenance ageinst the decision ‘of District Court Tis Hazari. 3. Appeal filed by Sushant againstthe decision of District Court, Dwarka in which the petition of Abha for maintenance andseparate residence was allowed by District Cour, Dwarke. Argue in favour of theappellants/petitioners and against the -appellants/pettioners. PROBLEM 8 Pradeep Singh and Preeti Singh belonged to Lucknow in the state of Uttar Pradesh of India. ‘Theygot married on 23.10.2011 as per Hindu Rites end Rituals at a farm house situated in ‘New Delhi.Their marriage was arranged. In October, 2011 Pradecp and Preeti shifted to New Delhi alongwith their parents Ram Singh (Father-in-law of Preeti) Devi Singh (Mother- in- law of Preeti) andShiv Singh (Brother-in-law of Preeti). On 12th June, 2012, Pradeep and Preeti were blessed witha baby boy (Shyam Singh).On Ist September, 2017 at about 4.30 p.m Ram Singh (father-in-law) heard the cries of Preetiand when he rushed to the second floor of the house, he saw her burning, He tried to douse thefire, Precti told him that her son Shyam ‘was lying in the bathroom. He rushed to the bathroomand found that the child also had bums. Procti and her child were removed to the hospital. Atabout 6.40 pm. her statement was, recorded by the doctor wherein she stated that she and herson caught fire when she was ‘pouring kerosene oil in the lamp which accidentally fell down; theoil got spilled over and both of them got burt. On receiving the intimation, father ofPreeti( Yogesh Kumar) reached the hospital on the same night, At about 10.55 p.m, the minorchild shyam expired. On 19th September, 2017, father of Preeti lodged a complaint with Policeagainst Pradeep his father (Ram Singh) mother (Devi Singh) and brother (Shiv Singh), inter alia,alleging that after the marriage of his daughter, Pradeep and his family were torturing her for notmocting dowry demand of Rs10 lakhs and on 15th July, 2012, due to torture she had left thematrimonial home, intending to commit suicide but due to intervention of the relatives, sheretumed back. ‘On the said complaint, the police registered an FIR (183/17) against Pradeep andhis family 2S Scanned with CamScanner | for offences under Section 498A read with Section 34, IPC and Sections 3 und 4 of theDowry Prohibition Act, 1961. In the i Preeti used to fight on petty issues but no angle of dowry came into the picture till now. On7th September, 2017 the applicants applied for grant of anticipatory bail before the Sessionsludge, Saket, who, vide order dated 10th September, 2017, initially granted anticipatory bail tother from arrest tll the next date of heating ie, 18th September, 2017. On 7th September,2017, Precti expired and offence under Section 304-B IPC eame to be added against the accused. On 18th September, 2017, after hearing both sides and upon taking into investigation of police it was found that both Pradeepand consideration the saidstatement and witnesses, the leamed Sessions Judge confirmed the anticipatory bail granted tothe appellants. Aggrieved, the NCT Delhi the complainant filed petitions before the Hon'bleHigh Court of Delhi for cancellation of anticipatory bail granted to Pradeep and his Family. PROBLEM 9 Union of India is a Democratic country. Democratic Reformers Association is a group of certainProfessionals working in this country which has a large network throughout the country. In thisAssociation many Doctors, Lawyers, Cine Artists, Engineers, Writers are ‘working together for social causes and social problems. They have framed WhatsApp groups and FacebookCommunities and other social media groups through which they share thoughts and differentinitiatives taken by their group. People from different places have joined their group. There aredifferent kinds of discussions on the group. The office bearers of the Association always requestother members to add people of different communities in the said Association. Members meetwith each other and post discussions on WhatsApp and other Social media groups about thedecisions taken by the government which includes giving reservations and curtailing thereservations for certain communities. The discussion started aggressive arguments about thegovernment and many members expressed their critical views about the government. Few peoplewho were the members of the existing Ruling party protested against this on WhatsApp groupand other Social media groups. Furious arguments were shared on WhatsApp and other socialmedia groups. Some people brought these arguments to the notice of Ruling party members andthus it reached up to some of the ministers. An urgent cabinel meeting was called and aresolution was passed for banning these kinds of activities in the country. Certain Policecomplaints were made against the members of the Democratic Reformers Association. Somemembers of this group were arrested by the police stating that they are disseminating falseinformation about the government and its osF Scanned with CamScanner policies with the aim of instigating people against thegovemment. There were also violent protests against the resolution by the opposition party.Merabers found to have propagated such information were charged under section 124-A oflndian Penal Code. Their Anticipatory Bail Applications were rejected by the Trial Court and thelfigh Court. The Home Ministry of the country passed order in exercise of the powers conferredby the Information Technology Act, which talks about Monitoring and Decryption ofinformation. The Government also authorized its Security and Intelligence Agencies for thepurposes of interception; monitoring, and decryption of any information generated, transmilted,teccived or stored in any computer resource. The Democratic Reformers Association argued thatit is the ultimate assault on fundamental rights and the tight to privacy. This kind of order is aviolation of the right to privacy which is a fundamental right. In this background, DemocraticReformers Association thas filed a petition by challenging the constitutional validity of the orderpassed by the Home Ministry of Indiva, Section 124-A of Indian Penal Code, and against theorder of rejection of bail applications before the Hon’ble Supreme Court of india. PROBLEM 10 Aressia, is a South Asian country with a written constitution and a strong centralising tendency-Arcssia is a land of many rivers which include trans-boundary Rivers. Its economy was mainlybased on agriculture and fishing. But in the past few decades there has been a shortage of water,which lead to the failure of agriculture and comunission of suicides by many farmers. In the year2009, an Ngo named ACLU filed a writ petition in Hon'ble SC of Aressia citing the plight of thefarmers, women folk and acute water shortages in the area. It Pointed out many reasons for the shortage of water including industrial activity, agriculture and urban development. A study reportwas submitted showing the decline in the number of ivers in Aressia from the 1960's to the1980’s and then to 2000, from 782 to 324 out of which 50% of the latter were highly polluted.To address this issue, the ACLU suggested the linking of rivers across the country which the SCof Aressia considered and then directed the Central Government to constitute a high level expertcommittee to conduct a study on the Project's viability. It also dirceted the Centre to constitute acommittee to conduct Environment Impact Assessment and thus disposed of the writ petition, InDecember 2009, the Centre appointed both the committees. The ELA committee consisted oftepresentatives from various sections including cavironmental experts, concemed parties andboth state and KE Scanned with CamScanner central government representatives. In May 2010. The High Level ExpertCommittee submitted a detailed report suggesting the linking of certain rivers to mitigate thewater shortage problem, The EIA committee identified various social and environmental harmsthat ‘could be caused by the project and suggested certain precautionary measures. The Linkingof Rivers Act, 2010 was enacted in August 2010 under which, $.3 of the Act gave the CentralGovernment the power fo any measures deemed necessary for ensuring accessibility of water andlinking of rivers all over the country, Further S.3 (3) of the Act provided for the constitution ofan Authority for the exercise of stich powers and performance of such functions necessary forlinking rivers across the country. The Authority for Linking of Rivers (ALR) was constituted onthe basis of this provision:The project was criticised by various State govermments who cited their concems, bothenvironmental and otherwise. It was also criticised by various NGOs as being a political move towater industries of some states and they also noted the risk of comuption. The Centre decided toshelve the project for the time being due to all the opposition to the project. In April 2011, therowas a change in the Centre ‘with the Demoeratic Progressive Alliance (DPA) coming into power.The new Prime Minister promised the Implementation of the project to provide water fordrinking, sanitation, agricultural and industrial purposes. Due to the large financial burden, it wasto be implemented in three phases. The ALR included six states, Somanda, Normanda, Achali. Neruda, Vindhya and Parmala in the first phase, To date, all the rivers in these states belongexclusively to those them; but after inter-linking they will be interstate. This included the RiverBhargavi which was a trans-boundary river flowing from Neruda to the neighbouring country ofBoressia, The States of Adhali and Parmala have objected to the move of the ALR andapproached the Hon’ble SC of Aressia challenging the validity of the Act, arguing that S.3 isUltra Vires to the Aressian Constitution and is an encroachment by the Centre on the Statespower-The state of Vindhya possesses the largest wetland in Aressia which has been included on theRamsar List of Wetlands of Intemational Importance. A state EIA committee identified that thelLR project would harm the wetland and on the basis of its report, the Central Governmentdirected the ALR to exclude the state from the ILR project. 12 rivers from Vindhya were to be linked with rivers in Normanda which was facing a water Shortage. Farmers in both the states,formed the ‘Save the Farmers Forum’ and approached the Hon'ble SC of Aressia under Art 32of the Constitution of Aressia to have a writ of mandamus issued. It was argued thatnon-implementation of the project would lead to violation of fundamental rights of the people ofboth states. In April 2013, the Boressian Minister of Forest and Agriculture on a visit to theUnion of Aressia, requested the exclusion SF Scanned with CamScanner of the River Bhargavi from the first phase of theproject. But it was rejected, considering the prospective benefits of its inclusion. The Forum forEnvironmental Right (FER), an international NGO with its head office in Boressia and a branchoffice in Boranda, the capital of Neruda approached the Hon'ble HC of Neruda challenging theinclusion of Bhargavi as being violative of the fundamental rights of the people of Boressia anddestruction of the environment there. The wrt petition was dismissed by the HC of Neruda onthe acceptance of fa preliminary objection raised by the respondents. An appeal has beenpreferred to the Hon'ble SC of Aressia.in March 2014, a news channel telecast an interview where some members of the ElAcommittee appointed by the Central Goverment disclosed that certain states could face variousenvironmental disasters as a consequence of the ILR project. Four members, two representingNGOs and two representing the Central Government confessed to political pressure for afavourable EIA report. This heavily publicised news caused widespread protests against the ILRproject. The Centre for Environmental Rights and Advocacy (CERA), an NGO approached theNational Green Tribunal of Aressia, challenging the legality of the Linking of Rivers Act, 2010on that grounds that it violated the environmental rights of the citizens of Aressia and also theprovisions of the Forest (Conservation) Act, 1980. It was dismissed and an appeal was preferredio the Hon'ble Supreme Court of Aressia. Decide. PROBLEM 11 Esha Das was bom in Dhingra, Indiana on 13 April 2000, one of the six children in a familythat lived below the poverty line. At 12 years she won a spot in the local sports school and wenton to break district, state and national records in the 100m and 200m events. In 2018, aged 18she was picked in the relay squad for the National Games. She represented the state of Dhingrain 100m, 200m and 4x100m and set a new national record in 100m and 200na. The Sports Authority of Indiana (SAI) is a public body established by the Government ofindiana’s Ministry of Youth Affairs and Sports. In 2019, the Ministry promulgated ‘StandardOperative Procedure to identify circumstances (female Hyperandrogenism) in which fa particularsports person will not be eligible to participate in competitions in the female category. TheStandard Operative Procedure created rules and procedures governing the investigationdiagnosis and eligibility to compete of hyper androgenic female athletes in Indiana. The document is binding on the SAI. Following this, Esha received a letter from the abo Scanned with CamScanner Secretary ofAthleties Federation of Indiana, (AFD asking her fo present herself for a “routine doping test" Later, the AFI sent a letter about the athlete to the SAI wherein it was stated that there aredefinite doubts regarding the gender of Esha Das. The letter also expressed serious ‘concer overher eligibility to contest under the female category and suggested the athlete undergo a yenderverification test as per the established protocol, so as to avoid any onal arena at @ later stage, In the light of this ‘embarrassment to Indiana inthe Inter letter, SAI conducted tests and issued apress release stating that Esha Das has been found ineligible to participate in female events ducto hyperandrogenism. Further it was stated that these tests Were conducted following theregulations set by intemational sport organizations like the IAAF and the 1OC govemingeligibiity of females with hyperandrogenism and according to the SAI protocol. Esha wassuggested to undergo proper medical treatment to address ber condition. Agitated by the report,Dr. Lakshmi Vahura a social activist, endocrinologist and sports enthusiast wrote to the DireotorGeneral of the SAT expressing strong opposition to the 4ecision to prevent the athlete fromcompeting in national and international athletic events. In hher Jeter she stated that theHyperandrogenism test had litle scientific validity and it is merely used as an aid to target EshaDas owing to her background. Esha Das issued a press statement criticizing theHyperandrogenism regulations and further requested that her medical reports and records not beshared with the IAAF or any other organization without her Consent. Following this, Women’sCollective for Empowerment, an NGO did research on the IAAF policy on Hyperandrogenismand the study showed that the same is unscientific, unfair ‘and unethical. The modicalintervention recommended to reduce an athlete's natural androgen is also invasive, irreversibleand harmful, Based on this study, the NGO filed a PIL stating that the policy adopted by AFI andSAT was grossly unfair, unjust and promoted

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