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INTRA MOOT COURT COMPETITION 2023-24

IMCC BROUCHER

FACULTY OF LAW, MARWADI UNIVERSITY


IMCC MOOT PROPOSITION 2023

1. In recent years, the State of Progressa has been grappling with a growing concern
regarding its skewed gender ratio, particularly in certain regions of the country. The
declining proportion of female children compared to male children has raised alarms
about the long-term social and demographic implications of this disparity.
2. To address this issue, the State of Progressa enacted the "Selective Reproductive Rights
Act" (SRRA), a piece of legislation aimed at curbing the practice of selective gender-
based abortions and promoting a more balanced gender ratio. The Act was introduced
after extensive debates within the legislative body and broader public discourse, with
proponents arguing that immediate action was necessary to counter the entrenched
preference for male children that has led to gender-based discrimination.
3. The Act aims to address the practice of selective gender-based abortions, which has
contributed to the disparity in gender demographics. The Act prohibits medical
practitioners from performing abortions solely on the grounds of the gender of the fetus.
It also mandates that pre-natal tests to determine the sex of the fetus may only be
conducted for medical reasons, and not for the purpose of gender selection. Violations
of these provisions can result in penalties for medical professionals and parents.
4. The Act's proponents argue that it is a necessary step to counter gender-based
discrimination and ensure a more balanced demographic composition. The Act's
proponents argue that it is a necessary step toward achieving gender balance and
combating the societal preference for male children. They emphasize that the Act
intends to counteract a deep-rooted problem that has led to gender-based discrimination
and imbalanced demographics.
5. The critics, including the "Equality Matters Initiative," contend that the Act undermines
women's reproductive rights and perpetuates harmful gender stereotypes. The Initiative,
a coalition of civil society organizations, asserts that the SRRA interferes with women's
autonomy and right to make informed decisions about their own bodies. They view the
Act as an overreach by the state into personal and private matters, and as an insufficient
response to the broader societal issues contributing to gender inequality.
6. With these conflicting viewpoints and constitutional implications, the "Equality Matters
Initiative" has filed a constitutional challenge before the High Court of Progressa,
arguing that certain provisions of the SRRA violate fundamental rights enshrined in the
Constitution. The case has garnered significant attention, highlighting the complexities
of balancing social concerns with individual rights in the modern era.
IMCC MOOT PROPOSITION 2023

Legal Issues: -

 Whether the provisions of the SRRA violate the fundamental right to reproductive
autonomy and personal liberty, as guaranteed under Article 21 of the Indian
Constitution?
 Whether the mandatory pre-natal tests to determine the sex of the fetus infringe upon the
right to privacy recognized under Article 21?
 Whether the Act can be challenged as discriminatory under Article 15, considering its
potential disproportionate impact on women's rights?

Note: -

 The laws of Progressa are Paramateria to the Laws of India, including the judgments delivered
by Supreme Court of India and the various High Courts of India.
 Participants are free to add issues and sub-issues.

Disclaimer: This moot problem is a fictional scenario created for educational purposes and
reflects contemporary issues related to reproductive rights and gender equality. Any
resemblance to real events or individuals is purely coincidental.

Annexure-1
Contentious Provisions of the Act
Section 4: Prohibition of Selective Gender-Based Abortions
1. No medical practitioner shall perform an abortion solely on the basis of the gender of
the fetus.
2. Any medical practitioner found in violation of this provision shall be liable to a fine not
exceeding five lakhs and suspension of medical license for a period not exceeding two
years.

Section 5: Regulation of Pre-Natal Tests for Gender Determination


1. Pre-natal tests to determine the sex of the fetus may only be conducted for medical
reasons, as determined by a registered medical practitioner.
2. Any registered medical practitioner found conducting pre-natal tests for the purpose of
gender selection shall be liable to a fine not exceeding five lakhs and suspension of
medical license for a period not exceeding two years.

Section 6: Penalties for Parents


IMCC MOOT PROPOSITION 2023

1. Any parent found to have sought or obtained an abortion based solely on the gender of
the fetus shall be liable to a fine not exceeding one lakh.
2. Any parent found to have undergone pre-natal tests for the purpose of gender selection
shall be liable to a fine not exceeding fifty thousand.

Section 7: Regulatory Authority


1. A regulatory body, referred to as the Gender Balance Oversight Board (GBOB), shall be
established to oversee the implementation of this Act.
2. The GBOB shall have the authority to issue guidelines for medical practitioners,
parents, and other relevant stakeholders to ensure compliance with the provisions of this
Act.

Note: - SRRA provided here is fictional and is created solely for the purpose of the moot
problem.
IMCC SCHEDULE 2023

MOOT COURT COMMITTEE FACULTY OF LAW

MARWADI UNIVERSITY

INTRA MOOT COURT COMPETITION, 2022


OFFICIAL SCHEDULE

PARTICULARS DATES AND DEADLINES.


Release of Notification, Schedule, Moot 5th September, 2023
Problem and Rules

Last Date for Registration 13th September, 2023

Last Date for Seeking Clarification(s) to 16th September, 2023


Record (only by email)

Allotments of Team Codes (through email) 19th September, 2023

Last Date for Submission of Memorials 20th September, 2023


(soft copy)

Last Date for Submission of Memorials 21th September, 2023


(hard copy)

Draw of lots, Memorial Exchange, and 25th September, 2023


Announcement of Fixtures

Moot Pleadings Round and Researcher’s 28th September, 2023


Test

Declaration of Result 30th September, 2023

Note: If due to any unpredictable situation, there is any change in the schedule, it will be duly notified.
INTRA MOOT RULEBOOK |2023-24

MOOT COURT COMMITTEE | FACULTY OF LAW


MARWADI UNIVERSITY, RAJKOT

“INTRA MOOT COURT COMPETITION, 2023”

RULES & REGULATIONS

INTRODUCTION
The Moot Court Committee of Faculty of Law, Marwadi University (hereinafter referred to as MCC)
presents its Intra Moot Court Competition – Session 2023-24 (hereinafter referred to as INTRA) for the
selections (internal elimination) of learners for the Academic Year 2023-24 as pleaders and researchers
representing Faculty of Law, Marwadi University in the External Moot Court Competitions
(hereinafter referred to as EMCC) during the Academic Year 2023-24.

Goals of moot court:


 To propagate a greater understanding and appreciation for the law, court procedures, and
the Indian judicial system.

 To enhance appreciation for the principle of equal justice for all.

 To promote awareness of contemporary legal issues.

 To polish basic life skills, such as critical thinking, communication, and advocacy.

 To foster teamwork, collaboration, and cooperation among law students of diverse interests
and abilities.

I. PRELIMINARY
A. The MCC is organizing the Intra-Moot Court Competition, 2023 (hereinafter referred to
as ‘IMCC, 2023’) on Thursday, 28th September 2023. Participants are required to follow the
time, schedule, and rules of the competition strictly. In case of any ambiguity or doubt
regarding rules/time/schedule, kindly email your query to
folnmcc@marwadimarwadieducation.edu.in. Violation of any rule may lead to
disqualification to participate in the competition.

FACULTY OF LAW, MARWADI UNIVERSITY


INTRA MOOT RULEBOOK |2023-24

B. ‘IMCC, 2023’ is the “Internal Elimination” round for the selection of the students to
represent the Faculty of Law, Marwadi University (hereinafter ‘FoL, MU’) in External Moot
Court Competitions (hereinafter ‘EMCC’).

C. EMCC shall include all/any inter-collegiate moot court competitions, negotiation/ client
counseling or consultation/ arbitration/ mediation-arbitration/ trial advocacy/ judgment
writing competitions, both at national and international levels FoL, MU participates in from
time to time. No students of FoL, MU shall be allowed to participate in any EMCC at any level
except through the express allotment or with prior permission by the MCC of FoL, MU for the
purpose.

D. Selected members are required to dedicate their time to EMCC(s) solely without
participating or being involved in any other activity, be it academic or cultural, etc., at the law
school, except for prior express permission for the same.

E. IMCC, 2022 shall be conducted through physical mode. However, if there is any change in the
platform AND/OR mode of the competition, the participants shall be duly intimated.

II. ELIGIBILITY AND TEAM COMPOSITION


A. IMCC, 2023 is open to all students enrolled in B.A. /B. Com. LL.B. (Hons.) Programme at FoL,
MU.
B. Each eligible student has to form a team of Three members and register as per the Rule herein
prescribed.
Out of three participants, two participants would be designated as Speakers and one
participant would be designated as the Researcher.
C. A team may be composed of learners from any of the two Programmes, i.e., BA. LL.B. and
B.Com. LL.B.,

OR

both members from the same Programme, i.e., both members from BA.LL.B. or from B.
Com. LL.B.

FACULTY OF LAW, MARWADI UNIVERSITY


INTRA MOOT RULEBOOK |2023-24

III. LANGUAGE AND DRESS CODE


A. IMCC, 2023 shall be in English only.
B. For all oral rounds: Advocate’s uniform as per the Advocates Act, 1961 (except band and
gown).

IV. REGISTRATION
Interested eligible learners are to register for IMCC, 2023 in accordance with the
following procedure:

A. All the participants have to fill in the complete and correct details in the Google form link
given at the end for registration in the IMCC 2023.

B. Teams must ensure that they fill in the complete and correct details, as the same shall be used
to contact them for any information relevant and to send notifications for the competition.
C. You are to fill out the Google form with your Marwadi email address as a team and
ONLY ONCE (any one member can volunteer and fill out the form on behalf of their
team).

D. Registration must necessarily be done either on or before the last date as per the Schedule of
IMCC 2023 (hereinafter referred to as “Schedule”). Registration after the stipulated last
date and time shall be deemed no registration, and no member of such team shall be
allowed to participate in IMCC, 2023.
E. MCC shall send an email to the team at the registered email address as per the Schedule
containing the ‘team code’. The receipt of the Team Code as per Schedule is
confirmation ofregistration of the team for IMCC, 2022.
F. The team code shall be used to identify the team’s memorials and score the team during
pleading rounds.
G. Candidates are advised to write an email to MCC at the aforementioned email address in case
they do not receive their team code per schedule.
H. Candidates are advised to strictly adhere to the rules for confirmation of registration.
I. Withdrawal: After registering for IMCC, in case a team or any member thereof withdraws its
participation, the same is required to be promptly reported to the MCC vide email
specifying the reason(s) for such withdrawal at folnmcc@marwadimarwadieducation.edu.in.
However, no withdrawal shall be permitted after the expiry of 48 hours after the last date of
registration. In no case, the withdrawing candidate/team will be allowed to contest in IMCC,
2023.

FACULTY OF LAW, MARWADI UNIVERSITY


INTRA MOOT RULEBOOK |2023-24

J. It is to be noted that the team composition cannot be changed/ altered once the team is registered
for IMCC. The final decision remains with the MCC.
K. Absence: Team/team member who fail(s) to turn up for the pleading round per schedule, for
any reason(s), shall be deemed to have impliedly withdrawn her/his candidature from
participating in “IMCC, 2023”, thereafter, no claim shall subsist for him/her. There is no
provision for any extenuating circumstances.

Under no circumstances, an absentee will be allowed to participate in any EMCC for that
Academic Year.

V. MEMORIALS

A. Each team is required to prepare and submit memorials from both sides (i.e., plaintiff and
defendant).

B. Both memorials shall be submitted in soft copy and hard copy.

C. No memorial should indicate the identity of any participant in any manner, except for Team Code.

D. Memorials not adhering to the rules, including submission deadlines, will be returned and shall
be deemed not submitted. Such teams shall not be allowed to appear for the Oral Rounds and
shall be considered Absent for IMCC, 2023.

E. Delay in the submission of memorials will invite a deduction of two marks per day from
memorials of the team. If the delay exceeds 2 days, the team shall not be allowed to
participate in IMCC, 2023.

F. Soft copy and Hard Copies of the memorials from both sides must be sent strictly per the
scheduledtime and date announced through the Schedule. The soft copies shall be sent as e-
mail attachments (IN .PDF FORMAT ONLY) in one email to
folnmcc@marwadimarwadieducation.edu.in (It shall only be sent through the Marwadi
Email address).
G. The subject of the email should be “Team Code – Memorials for IMCC, 2023‟. E.g., TC 03
– Memorials for IMCC, 2023. The memorials shall be attached in .pdf format only with
filesnamed “Plaintiff – team code” and “Defendant – team code”. E.g., Plaintiff – TC 03
and Defendant – TC 03.
H. Once the soft copy of the memorials has been submitted, no revisions, additions, or formatting in the
soft copy submission of the same is permitted.
I. Teams will receive an ‘acknowledgment’ email to their ‘soft copy submission’. Teams are advised
to contact the MCC in case they do not receive an acknowledgment.

FACULTY OF LAW, MARWADI UNIVERSITY


INTRA MOOT RULEBOOK |2023-24

VI. PLAGIARISM AND COPYING

A. Teams shall be jointly and severally duty-bound to ensure that the memorials are original in
content. If any memorial(s) is found to be a copy of another, either in whole or in part(s), both
teams shall be disqualified from IMCC, 2023. Please note that plagiarism and copying is a
serious violation of rules and is an instance of academic indiscipline.
B. Teams are advised to keep genuine safe keeping measures with respect to their memorials.
C. The defaulting teams may also be barred from participating in IMCC in the future.

VII. FORMAT OF MEMORIAL


A. Each memorial should consist of the following parts:
 Cover Page
 Table of Content
 Index of Authorities
 Index of Abbreviations
 Statement of Jurisdiction
 Statement of Facts
 Statement of Issues
 Summary of Arguments
 Arguments Advanced
 Prayers

B. Each memorial should not exceed 25 typed pages in total.


C. The color page of the memorial for the plaintiff must be BLUE, and that for the defendant
must be RED. Teams should ensure that the Team Code is clearly visible on these colored
pages.
D. The Font Style of the contents of the memorial should be Times New Roman; Font Size
should be 12 and spacing 1.5.
E. The footnotes should be in Times New Roman style, size – 10, spacing 1.
F. Memorial must have a 1.2-inch margin on all sides of each page.
G. A uniform Bluebook [20th Edition] citation system is required to be followed in the memorials.

 EVALUATION
Each team’s Memorial will be marked on a scale of 50 marks. The memorial shall be

FACULTY OF LAW, MARWADI UNIVERSITY


INTRA MOOT RULEBOOK |2023-24

evaluated according to the following criteria:

S. No. Marking Criteria Marks


1. Proper and Articulate Analysis 20
2. Knowledge of Law and Facts 10
3. Extent of Legal Research 10
4. Grammar and Style 5
5. Format and Citation 5

VIII. ORAL ROUNDS


A. DRAW OF LOTS: Pairs of teams shall contest oral rounds in each designated courtroom.
Each team shall argue only once in the oral pleading round from either side i.e., Plaintiff or
Defendant based on the DRAW OF LOTS, which will take place per the schedule announced.
There WILL be an exchange of memorials.

B. TIME DURATION: In the oral rounds, each team will speak for a MAXIMUM of 30
minutes. Out of this, both speakers can use a MAXIMUM of 20 minutes and 10
minutes is strictly reserved for the researcher’s test after the oral arguments of the
speakers.

C. Out of the Speaker’s 20 minutes, 02 minutes are saved for rebuttals and/or sur-rebuttals.
Before the start of the Oral Rounds of any team, the speakers shall inform their court
master regarding the distribution/allocation of time between them. Each speaker of a
team must speak for a minimum of eight minutes (08 minutes) and a maximum of
twelve minutes(12 minutes).
D. STANDARDS: All the standard moot court mannerisms must be followed as per
national-level competition, keeping in view the applicable laws.

 EVALUATION
Each speaker will be marked on a scale of 50 marks. The speakers shall be evaluated
according to the following criteria:
S. No. Marking Criteria Marks
1. Application of Law to Facts and Use of Authorities 20
2. Responsiveness to Questions 10
3. Court Mannerism and Time Management 10
4. Effective rebuttals and sur-rebuttals 05

FACULTY OF LAW, MARWADI UNIVERSITY


INTRA MOOT RULEBOOK |2023-24

5. Adequacy of Prayer 05

 RESEARCHER’S ORAL TEST

A. The Oral Test for researchers is planned in order to evaluate researchers.


B. The oral researcher’s test would be a MAXIMUM of 10 minutes in which, the researcher
has to explain the facts of the case, applicable laws, and other aspects pertaining to the
case. The judges will be asking the questions to researchers based on the research and extent
written in the memorials.

 EVALUATION
Each Researcher will be marked on a scale of 50 marks. The researchers shall be
evaluated according to the following criteria:
S. No. Marking Criteria Marks
1. Knowledge of Facts 20
2. Knowledge of Applicable Laws 10
3. Extent of Research 10
4. Responsive to Questions 10

IX. SCOUTING
A. Scouting in any manner is strictly prohibited. Teams, or any member thereof, are not allowed
to observe oral rounds of any other team except while their own pleading rounds are ongoing.
X. SELECTION
A. Teams for the academic year 2023-24 will be selected on the basis of the combined score of
the memorial, researcher’s test, and speaker’s marks obtained in oral rounds.

B. Upon the completion of IMCC, 2023, the MCC will allot the EMCC to all the qualifying teams
as per availability. Moreover, the teams themselves can request MCC to allot any particular
EMCC; however, the decision of the MCC would be final and binding on the teams.
C. All the selected teams out of the IMCC, 2023 must have to undergo a COMPULSORY
Preliminary Screening based on the allotted EMCC. It is also to clarify that the designation
(Speaker 1, Speaker 2, and Researcher) of the students in teams in intra-moot is not final
and fixed for the EMCC. The designation of the students in a team may be changed according to
their performance in the screening process of the allotted EMCC.
D. In this regard, the faculty-in-charge of MCC would be responsible for conducting a
preliminary screening after allotment of EMCC and the decision of the faculty-in-charge of

FACULTY OF LAW, MARWADI UNIVERSITY


INTRA MOOT RULEBOOK |2023-24

MCC regarding the finalization of the designation of the participants would be final and
binding onall.
E. It is to be noted that, in case of withdrawal of any member from the team after the completion of
theIntra Moot Court competition, the entire team will be disqualified from participating in
anyEMCC.

F. It is to be noted that it is not guaranteed that the team participating in EMCC will be
refunded the amount of registration fees for participating in the same after its completion.
the same is a matter of privilege and not a matter of right.
G. No person who has not participated in IMCC 2023, both in the submission of memorials, and
oral rounds, shall be selected for any EMCC and shall NOT be a part of Mooting Contingent for
the Academic Year 2023-24.

XI. DEEMED ATTENDANCE


A. No exemption in attendance from classes /tutorials /examinations internal and/or
external/internships etc. is available/applicable for the preparation of IMCC.
B. Deemed attendance in case of ‘EMCC’ will be available only for the duration of travel and
competition, excluding Holidays. The same shall be commensurate with the itinerary of the
competition.
C. Participants should take note of the rules and should not raise the issue of exemption during
their preparation for any ‘EMCC’. However, the exemption in attendance may be allowed
during the preparation of EMCC in special circumstances and with the express permission of
MCC.

XII. SAVINGS
A. No student shall be allowed to participate in any EMCC at any level except through the
express allotment or by the express permission of the MCC of FoL, MU for the purpose.
B. MCC reserves the right to resolve all disputes arising out of IMCC, 2023 including those
relating to the selection procedure, results, etc. It further reserves the right to modify and/or
add to the selection procedure and/or marking criteria or any other rule owing to necessity or
objectivity.
C. No participant is allowed to register for IMCC, 2023 from more than one team under
any circumstances. In case, it appears that one participant has registered from more than
one team, proper disciplinary action (including straight disqualification) would be
taken against that student and the team.

FACULTY OF LAW, MARWADI UNIVERSITY


INTRA MOOT RULEBOOK |2023-24

XIII. MISCELLANEOUS
A. No team or any of its members can seek assistance for conducting research or writing or
editing or formulation/development of its oral arguments or written submissions from
any faculty member of FoL, MU.
B. The candidates must ensure that they register only once.
C. To be present for the oral rounds at the stipulated date and time is the responsibility of
each candidate. Travel, health, climate, network/internet connectivity issues, etc., and
other impediments are not our consideration, and these are to be taken care of by the
participants themselves.
D. The SCHEDULE announced separately is deemed to be a part of the Rules &
Regulations of IMCC, 2023.

XIV. REIMBURSEMENT FOR THE TEAMS PARTICIPATING IN EMCC

A. The teams that will be participating in EMCC will be eligible for reimbursement only
if they participate in IMCC.

B. The team claiming for the reimbursement shall consist of the same members that have
participated in IMCC, the team shall not be eligible for reimbursement if there is any
change in the team composition from IMCC. The same is a matter of privilege and not
a matter of right.

C. No person who has not participated in IMCC 2022, both in the submission of
memorials, and oral rounds, shall be selected for any EMCC and shall NOT be a part
of Mooting Contingent for the Academic Year 2023-24.

D. The reimbursement will be provided for Sleeper Class tickets of the train (inter or intra
state) OR for the bus tickets (intra state up to Rs. 650/- only) and the registration fees.

E. The team will be eligible for a refund only after providing proof of payment and
submission of the report along with the certificate of EMCC participation.
.
************************ ALL THE BEST ************************

Registration Form Link: -

https://forms.gle/DnE9rYRWSutsVXYH7

FACULTY OF LAW, MARWADI UNIVERSITY

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