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.