MOOT PROPOSITION

FACTS:

The Union of Indica is a nation following a Quasi Federal form of government.

This megadiverse country houses approx. 1.417 billion people with a myriad of
religious beliefs. The nation gained independence from British colonisation in
1947. The 'Constitution of Indica' is the largest written Constitution on record,
providing the basis for the country and its citizens to establish, empower, and
govern all aspects of running the state. It guarantees to the Indican citizens several
fundamental rights and freedoms.

Following Indica's independence, British colonial laws criminalizing

homosexuality remained in place, and the LGBTQ+ community continued to face
discrimination and stigma. However, by the early 1990s the community began to
organize and advocate for their rights. The evolving society soon adopted a
newfound sense of understanding, tolerance and mutual respect toward the
community. Several state governments attempted to promote egalitarianism with
respect to LGBTQ+ rights, opportunities and general acceptance towards them.

The Hon’ble Supreme Court in 2014 legally recognized non-binary or

transgender persons as “third gender” and later made an individual’s sexual
orientation an essential attribute of privacy. In 2018, the Hon’ble Court further
issued a historic ruling, which struck down Section 377 of the Indican Penal Code,
a colonial-era law that criminalized consensual sexual acts between same-sex
individuals. The decision was widely celebrated by LGBTQ+ activists and
supporters, who saw it as a major step forward for LGBTQ+ rights in Indica.
However, it was soon realised that only recognition is not a solution to their
problems. Right to marriage is not expressly recognized as a fundamental or a
constitutional right under Indica’s Constitution. The courts, through judicial
M.K.E.S. 8TH NATIONAL MOOT COURT COMPETITION 2024 PAGE 1
interpretation, have recognised the freedom of choice in marriage as an inherent
aspect of Article 21 of the constitution. Right to marry still remains illusory for a
large number of individuals, on grounds only of their sexual orientation. The issue
of same sex marriage has been a contentious one as it lacks a “legal stamp of
marriage”. While some people and organizations have been advocating for the
legalization of same-sex marriages and the recognition of LGBTQ+ rights, others
have been opposing it, citing cultural, religious, and traditional reasons.
In 2023, an NGO named “Rang Samriddhi Nyas," which translates to "Diversity
Abundance Foundation," filed a public interest litigation (PIL) in the Hon’ble
Supreme Court seeking the grant of legal status to same-sex marriages and
adoption rights for same-sex couples. The organisation works towards protecting
and promoting the rights of the LGBTQ+ community in Indica. It contended that the
present legal framework of Indica entails strict interpretation of marriage based on
sexual orientation of a person. The Constitution guarantees their fundamental
rights, and denying legal recognition of their marriage to same-sex couples was a
violation of those rights. Further, the country's adoption laws do not recognize
same-sex couples as a valid family unit, making it challenging for them to adopt a
child.

The matter is now listed before the Hon’ble Supreme Court of Indica for hearing.
The question pertaining to same-sex marriage and adoption rights for same-sex
couples have been raised de novo before this Hon’ble Court.

M.K.E.S. 8TH NATIONAL MOOT COURT COMPETITION 2024 PAGE 2

 ISSUES FRAMED:

I. Whether the matter is admissible in the Supreme Court of Indica?

II. Whether the marriage laws in Indica are violative of fundamental rights
of same sex couples?
III. Whether the adoption laws in Indica are violative of fundamental rights
of same sex couples?

NOTE:

1. The laws of Union of Indica are in pari materia the laws of Republic of India.
2. Without prejudice to the issues framed above, Participants may frame
further sub-issues and the discretion to hear arguments on them shall
always remain with the Judge.
3. The SC judgement dt.17.10.2023 shall have no bearing on the
aforementioned issues and participating teams should refrain from citing
any portion of it.

DISCLAIMER:

This is a fictional work. Names, characters, settings, and situations are

either made up by the authors or utilised fictitiously. Any resemblance to
actual events, locations, or living or deceased people is completely
coincidental. Any resemblance to genuine corporations, institutions,
organisations, or other entities is totally coincidental and used to enhance
academic study by the authors. Nothing in the proposition is meant to
malign anyone, alive or dead.

M.K.E.S. 8TH NATIONAL MOOT COURT COMPETITION 2024 PAGE 3