NSL01-P

2nd DEO MANGAL MEMORIAL NATIONAL MOOT COURT COMPETITION, 2023
Team Code - NSL01

2nd DEO MANGAL MEMORIAL NATIONAL MOOT COURT
COMPETITION, 2023
BEFORE THE HON’BLE SUPREME COURT OF ARYAVART
PUBLIC INTEREST LITIGATION

W.P (CIVIL) NO - OF 2023
IN THE MATTER BETWEEN
Mrinal and Akram

……….. PETITIONER - 1
&
Samridhi NGO
……....... PETITIONER - 2
VS.
State of Avanti
...……… RESPONDENT
MEMORIAL ON BEHALF OF PETITIONER
MEMORIAL FOR PETITIONER

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TABLE OF CONTENTS
TITLES PAGE NO
LIST OF ABBREVIATIONS …………………………………………….. 02
INDEX OF AUTHORITIES ………………………………………………03-04
STATEMENT OF JURISDICTION ……………………………………… 05
STATEMENT OF FACT…………………………………………………..06-07
ISSUES RAISED ……………………………………………….………….. 08
SUMMARY OF ARGUMENT ……………………………………………. 09-10
ARGUMENT ADVANCED ……………………………………………….. 11-27
PRAYER ……………………………………………………………………… 28

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LIST OF ABBREVIATIONS
AIMPLB All India Muslim Personal Law Board

AIR All India Report
Anr. Anothers
Art. Article
Const. Constitution
CrPc. Code of Criminal Procedure
DPSP Directive Principle of State Policy
Ed. Edition
Etc. Et cetera
Hon’ble Honourable
ICCPR International Covenant on Civil and
Political Rights
ICICI Industrial Credit and Investment
Corporation of India
i.e, That is
IPC Indian Penal Code
LGBTQIA Lesbian Gay Bisexual Transgender Queer
Intersex Asexual
NALSA National Legal Service Authority
NGO Non- governmental Organization
No. Number
Ors. Others
PIB Press Information Bureau
PIL Public Interest Litigation
SC Supreme Court
SCC Supreme Court Cases
SCR Supreme Court Reports
Sec. Section
UCC Uniform Civil Code
UOI Union of India
USA United States of America
UT Union Territory
V. Versus
& And

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INDEX OF AUTHORITY
TABLE OF CASES :
1. AIDS Bhedbhav Virodhi Andalan v. UOI W.P.(Civil) No. 1784 of1994

2. A.K. Gopalan v. State of Madras AIR 1950 SC 27
3. ICCI Bank v. Municipal Corporation of Greater Bombay AIR 2005 SC 3315
4. Hussainara Khatoon v. state of Bihar 1979 AIR 1369
5. Indian Young Lawyers’ Association v. State of Kerala (2019) 11 SCC 1
6. Janata Dal v. H.S. Chaudhary AIR 1993 SC 892
7. Kesavananda Bharti v. State of Kerala AIR 1973 SC 1461
8. K.S. Puttaswamy v. UOI (2017) 10 SCC 1
9. MC Mehta v. UOI AIR 1983 1 SCC 471
10. Minerva Mills v. UOI AIR 1980 SC 1789
11. Mrs. Sabah Adnan Sami Khan v. Adnan Sami Khan AIR 2010 Bom 109
12. Muhammad Ibrahim v. Atkia Begum & Anr. 16 Ind. CAS 597
13. Mumbai Kamagar Sabha V. Abdul Thai AIR 1976 SC 1455
14. NALSA v. UOI AIR 2014 1863
15. Navtej Singh Johar v. UOI AIR 2018 SC 4321
16. Pandurang Kalu Patil v. State of Maharashtra 1987 AIR 535
17. Rambabu Thakur v. Sunil Arora (2020) 3 SCC 733
18. Sarala Mudgal v. UOI 1995 AIR 1533
19. Shah Bano Begum v. Mohd. Ahmed Khan AIR 1985 SC 945
20. Shayra Bano v. UOI AIR 2017 SCC
21. S.R. Bommai v. UOI AIR 1994 SC 1918
22. Vallamattom v. UOI (2003) 6 SCC 611
23. Vishakha v. State of Rajasthan (1997) 6 SCC 241
STATUTES:
1. Code of Criminal Procedure, 1973

2. Government of India Act, 1935
3. Indian Penal Code, 1860
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4. The Constitution of India, 1950

5. The Muslim Personal Law (Shariat) Act, 1937
6. Muslim Women (Protection of Rights on Divorce) Act, 1986
7. The Registration of Births and Deaths Act, 1969
8. The Special Marriage Act, 1954
9. Transgender Persons (Protection of Rights) Act, 2019
ARTICLES:
1. Byjus
2. Blog- iPleaders
3. Dristi IAS
4. Legal Service India
5. Live Law
6. SSC Online
7. Supreme Court Observer
CONVENTIONS:
1. International Covenant on Civil and Political Rights.

2. Universal Declaration of Human Rights.
3. The Convention on the Rights of the Child.
FOREIGN JUDGEMENT:
1. V.М.А. v. Stolichna obshtina
REPORT:
1. Law Commission Report, 2018

2. Press Information Bureau, 2019

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STATEMENT OF JURISDICION
The Hon’ble Supreme Court of Aryavart has the jurisdiction in the matters under Article 32 of
the constitution of Aryavart which read as follows:
32. Remedies for enforcement of rights conferred by this Part.—
1.Right to move Supreme Court by appropriate proceedings for the enforcement of the rights
conferred by this part is guaranteed.
2.The Supreme Court shall have power to issue directions or orders or writs including writs in
nature of habeas corpus , mandamus, prohibition, quo warranto and certiorari, whichever may
be appropriate, for the enforcement of any of the rights conferred by this part.
3. Without prejudice to the to the Powers conferred on the Supreme Court by clauses (1) and
(2), Parliament may by law empower any other court to exercise within the local limits of its
jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
4.The right guaranteed by this article shall not be suspended except as otherwise provided by
the constitution.

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STATEMENT OF THE FACT
1. Aryavart is a large Conservative Sovereign country in Asiana consisting 28 states and

8 union territories that is populated by around 140 crores. From them around 70%
practice Hinduism, 20% practice Islam and other 10% other religion. Out of 28 states
only state of Kankan implemented Uniform Civil Code.
2. In state of Avanti there does not have any Uniform Civil Code. Mrinal who is a Hindu
trans-man was relationship with Akram who is a Muslim trans-woman since 2010 when
same-sex relationships were considered taboo and unacceptable by the society as well
as criminal offence. Their relationship was secret because of the social set up of the
Country & State.
3. In the year 2018 the Hon’ble Supreme Court decriminalized homosexuality due to that
LGBTQ+ community people claimed to feel self-confidence and decided to open up
regarding their relationship and the couple decided to get married. But they were unable
to get their Marriage officially registered as neither of them fell under the definition of
‘bride’ and ‘groom’. Their Marriage was solemnised under respective customs.
4. The meantime, Mrinal gets pregnant and gave birth to a healthy baby boy. The problem
arises when they were unable to get birth certificate issued for their son as the same
required name of father and mother and in their case though Mrinal gave Birth to the
child, Mrinal identified to be a male and therefore the father.
5. Their application of issuance of birth Certificate was rejected by the authorities in the
State of Avanti. Further attempt of their marriage registered also be rejected by the
authority. Hence, they decided to approach the Hon’ble Supreme Court of Aryavart
through filing a writ Petition under article 32 of the constitution of Aryavart with plea
of issuance of birth Certificate to their child and recognition of their marriage and
consequently sought to Implement a Uniform Civil Code which recognizes both same
sex marriage and inter-religious marriage and grants equal rights to all irrespective of
sex and religion.

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6. At the same time, an NGO named ‘Samridhi’ fighting to implement Uniform Civil Code
across the Country. The main ground taken by the NGO was that the Muslim women
are treated poorly and they do not have Legal weapons to claim maintenance, or file
such claims before the Courts. Their rights which are enjoyed by women of other
community are being curtailed by their personal Laws. So the NGO filed a Public
Interest Litigation to implement UCC.
7. The All-Indus Muslim Personal Law Board is opposing implementation of Uniform

Civil Code as they claim that it infringes their personal right and the same is in violation
of the rights granted under the Constitution. The Government of Aryavart is also
opposing the PIL filed by the Trans-couple on the Ground of maintainability as they
have an alternative remedy.
8. This case has collected huge media attention and become the issue of discussion.
Various media network ask for public opinions and there are both supporting views as
well as opposing views. The Supreme Court recognizing the importance of the case had
permitted live telecast of the hearings and posted all applications together along with
the question of maintainability of PIL and necessity of impleading Indus Muslim
Personal Law Board for hearing.

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ISSUES RAISED
ISSUE-1
Whether the PIL is maintainable in the Supreme court of Aryavart or not and is it Feasible to
implement Uniform Civil Code in a Country like Aryavart?
ISSUE-2
Whether UCC is violative of one’s’ Fundamental rights and other personal rights Guaranteed
under the Constitution of Aryavart and is it the States’s interference in the Realm of the personal
laws of the subjects?
ISSUE-3
Whether the non-issuance of the Birth Certificate for the child born from a LGBTIQA Couple
is violation of the Child’s right by the state?
ISSUE-4
Whether the Constitutional power of Court to frame laws has led to the scenario where
Legislature have become the Executive wing of the Judiciary?

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SUMMARY OF ARGUEMENT
1.Whether the PIL is maintainable in the Supreme Court of Aryavart or not and is it
feasible to implement Uniform Civil Code in a country like Aryavart?
The council of petitioner humbly submits that the PIL is maintainable under Art.32 of the
constitution in the Supreme Court of Aryavart as public interest involves in this petition
specially in case of Muslim women as their fundamental rights are curtailed by personal laws.
Trans-people are also deprived to choose their partner which is violative of Art. 14, 19 and 21
as there is no laws which regulate same sex marriage. At the same time under Art.44 of
constitution itself talks about implication of UCC. So, it is feasible to implement UCC in a
country like Aryavart.
2.Whether UCC is violative of one’s Fundamental rights and other personal rights
guaranteed under the constitution of Aryavart and is the state’s interference in the realm
of the personal laws of the subject?
The council of petitioner humbly submits that UCC is not violative of one’s fundamental rights
as constitution itself under Article 44 talks about implementation of UCC. Art.14 of
constitution also advocates Equality before law which can be achieved by implementing UCC
as Aryavart is a country, full of diversity in matters of religion, language and tradition. Aryavart
is also a welfare state where the sole prerogative of government is to maximize the public
welfare. A large section of Muslim people and Trans-people are facing due to lack of UCC.
Even Muslim Personal Law is mis-interpreted. In such a matter state should make laws for the
people.
3.Whether non-issuance of the Birth Certificate for the child born from a LGBTQIA
couple is violation of the Child’s right by the state?
The Council of petitioner humbly submits that right to get birth certificate is one of the basic
rights of citizens. It’s also a statutory right under Registration of Birth and Death Act 1969.
Birth Certificate is also a vital document for citizenship. Under Art. 14 of constitution all the
people are equal in the eyes of law. So, non-issuance of birth certificate is clear violation of
child’s right by the state under Art.14, 15 & 16.

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4.Whether the Constitutional power of Court to frame laws led to the scenario where
Legislature have become the Executive wing of Judiciary?
The council of petitioner humbly submits that in a country like Aryavart Judicial Legislation is
also valid through Doctrine of Precedent, Judicial Incorporation, Judge made laws & Judicial
Activism. In absence of laws on specific subject judiciary can make laws or refer any foreign
judgement to incorporate those laws on municipal laws provided that those laws are not
violative of the Constitution. Laws made by Supreme Court also binding over all the lower
courts. That’s how to some extend the constitutional power to frame laws led to scenario where
the legislature become the Executive wing of Judiciary. But Judicial legislation is valid as long
as there is no proper laws on the same specific field.

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ARGUMENT ADVANCED
1.Whether the PIL is maintainable in the Supreme court of Aryavrat or not and is it
Feasible to implement Uniform Civil Code in a Country like Aryavrat?
PILs are extensions of Writ Jurisdiction. Therefore, PILs can be filed before the Hon’ble
Supreme Court under Art. 32 of the Const1. The seeds of the concept of PILs were initially
sown by Justice Krishna Iyer, in 1976 in Mumbai Kamagar Sabha v. Abdul Thai2. The first
reported case of PIL was Hussainara Khatoon v. State of Bihar3 that focused on the inhuman
conditions of prisons and under trial prisoners that led to the release of more than 40,000 under
trial prisoners. In the Instant case, PIL had been filed to implement UCC throughout the country
of Aryavart before Hon’ble Supreme Court, is maintainable in view the fact that the petition
filed in a court of law, for the protection of ‘Public Interest’, where the interest of the public at
large is affected.
1.1 Interest of people at large involve:
Public interest litigation is not defined in any statute or in any act. The Hon’ble Supreme Court
in the case of Janata Dal v. H.S. Chaudhary4 held that lexically, the expression ‘PIL’ means
a legal action started in a court of law for the enforcement of public/general interest where the
public or a particular class of the public some interest (including pecuniary interest) that affects
their legal rights or liabilities.
The council of petitioner humbly submit before the Hon’ble court that a large people section
of people of Aryavart has interest over the petition. The plea taken by the Samridhi NGO is
that Muslim women do not have legal weapons to claim maintenance or file claims before
courts. Their rights which are enjoyed by women of other community are being curtailed by
the personal laws. As 20% total population of Aryavart are Muslim, a large number of Muslim
women is denied to access such rights and privileges.
1.Constitution of India, 1950.

2.Mumbai Kamagar Sabha v. Abdul Thai AIR1976, SC1455.
3.Hussainara Khatoon v. state of Bihar 1976 SCR(3)532.
4.Janta Dal v. H.S. Chaudhary AIR1993 SC892

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Transgender is the term used for people whose gender identity or gender expression does not
conform to the sex that they were assigned to at birth. India is a country that does not accept
the gender diversity concept and is also not accepting towards the LGBTQ people. There is
still a lot of taboo in our society when it comes to transgender. Because transgenders are
different from the normal and socially accepted gender, they are subject to social oppression
and physical violence. In this present case the right to choose of partner to marry is violated as
they denied to make their marriage registered which led to denial of birth certificate of the child
born out of the not legally recognised marriage.
1.2 Poor Treatment to Muslim Women:
1.2.1.Polygamy:
“Marry such women as seem good to you, two, three or four, but if you fear that marry only
one, this is better so that you may not deviate from the right path.”5 Section 494 of IPC6 makes
bigamy a criminal offence, but section 2 of Shariat Act7 allows the application of polygamy on
Muslims. Also, Muslim women aren’t permitted to practise polygamy which brings about
discretionary and preposterous order exclusively dependent on religion and sex. In this way,
the balance ensured under Article 14 of Const.8 is disturbed and then again, it is on the side of
the legitimacy of Muslim polygamy.
In 2000, the United Nations Human Rights Committee reported that polygamy violates the
ICCPR citing concerns that the lack of equality of treatment concerning the right to marry
meant that polygamy, restricted to polygyny in practice, violates the dignity of women and
should be outlawed. One of the issues with this law is that it is misused by the men and to do
multiple marriages, especially by converting into Islam this issue was addressed by the supreme
court in the case of Sarla Mudgal v. Union of India9 that the second marriage of a Hindu
husband after embracing Islam being violative of justice, equity and good conscience would
be void on that ground also and attract the provisions of Section 494, IPC. Looked from another
angle, the second marriage of an apostate-husband would be in violation of the rules of natural
justice.
5.Quran: Part-IV.
6. Section 494, Indian Penal Code, 1860.
7. The Muslim Personal Law (Shariat) Act, 1937.
8. The Constitution of India, 1950 Article-14.
9.Sarla Mudgal v. UOI 1995 AIR 1533.

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1.2.2.Maintenance:
As per Muslim personal law, maintenance must only be paid during the period of iddat and not
beyond it. The Shah Bano case10 and its aftermath very aptly illustrated the problem arising
due to the lack of a UCC. The question was whether a Muslim woman is entitled to claim
maintenance under section 125 of the CrPC11 (or secular law) from her former husband even
after the period of iddat has expired. The court, taking a secular view, allowed Shah Bano to
claim maintenance even after this period and the government was forced to pass the Muslim
Woman (Protection of Rights on Divorce) Act, 1986.
1.2.3.Triple Talaq:
The archaic practice of triple talaq is not only anti-women, it is also anti-Islam. It has already
been abrogated in more than 20 countries, including Pakistan and Bangladesh. A triple talaq
divorce is valid even if the husband says ‘talaq’ three times on the phone, in a letter or even on
WhatsApp. The AIMPLB has, time and again, opposed the abolition of triple talaq by arguing
that it is based on sharia law. However, the Quran does not mention triple talaq as a method for
divorce. According to the Quran, the correct way to get a divorce is to pronounce it three times
on three different occasions, following a three-month waiting period wherein there is ample
opportunity for the couple to reconcile. In the year 2017 the Supreme Court held that the
practice of talaq-e-biddat or instantaneous triple talaq is unconstitutional.12
1.2.4.Nikah-Halala:
Halala is the procedure prescribed for remarrying a divorced spouse. It entails the (former) wife
marrying another man, consummating the marriage and subsequently getting a divorce using
the same elaborate procedure. Only after that is she eligible to marry her first husband again.
While Muslim scholars rightly argue that halala should not be seen as a procedure to legalise
the reunion, problems regarding the validity of a marriage arise in case a husband remarries his
wife without observing halala.
10.Shah Bano Begum v. Mohd. Ahmed Khan AIR 1985 SC 945.

11. Sec. 125 Code of Criminal Procedure, 1973.
12. Shyara Bano v. UOI AIR 2017 9 SCC (1) SC

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The Bombay high court, however, held that a wife is not obliged to perform halala before
remarrying the same husband if she is divorced by khula or talaq-e-ahsan (the prescribed mode
under the Quran) methods. Halala is mandatory only if the couple divorced using triple talaq,
the court said in Mrs. Sabah Adnan Sami Khan v. Adnan Sami Khan.13
1.2.5.Age of Marriage:
For the purpose of Muslim marriage, the age when a person reaches puberty is considered as
the age of puberty. According to Hedaya, the age of Puberty for female is 9 years and for male,
it is 12 years. The Privy Council in the case of Muhammad Ibrahim v. Atkia Begum & Anr.14
held that under Muslim law, a girl is considered to have attained the age of puberty if she has
attained the age of 15 Years. In case of marriage of minor the consent of guardian is required.
1.3.Transgender issues:
A transgender person is identified as “a person whose sense of personal identity and gender
does not correspond with their birth sex.”15 The Supreme Court has, through its various
landmark judgements established that recognition of transgender rights is important. The most
significant judgement is the NALSA v. Union of India16 judgement, in which the Supreme
Court affirmed the position of transgender people as legally being “the third gender” and
therefore, they are entitled to all fundamental rights guaranteed by the Constitution. Another
notable case is Navtej Singh Johar v. Union of India17 which abolished Sec. 377 of the Indian
Penal Code and paved way for legalizing sexual relationships between people of all genders.
13. Mrs. Sabah Adnan Sami Khan v. Adnan Sami Khan AIR 2010 Bom 109.
14. Muhammad Ibrahim v. Atkia Begam 16 Ind. CAS 597
15. Oxford English Dictionary (Online Ed.).
16. NALSA v. Union of India AIR 2014 SC 1863

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Transgenders have been forced to face a horrendous journey in their life for decades and
decades. The stigma attached to sexual orientation and gender identity that fall outside the
expected heterosexual, no transgender norm relegates many Transgender people to the margins
of society. At the same time marginalization has led to them being grossly discriminated
against, marginalised to the extent of having little control over their lives, have not been able
to have equal access to resources and opportunities such as in employment, education,
healthcare, housing and so on. They have been socially excluded and continuously stigmatized
by society time and again to the point of predominantly having a low self-esteem and other
mental health problems because of having to face racism, sexism, poverty alongside
homophobia or transphobia.
Despite this judgement, the government has included no provisions related to the marriage of
transgenders in Transgender Persons (Protection of Rights) Act, 2019 that has been
introduced by it as a protection mechanism of the trans community and aiming to pave the way
for a more progressive legal system. The Union also added that Courts cannot give legal
recognition to LGBTQ+ marriages when the statute does not provide for it. Section 4 of the
Special Marriage Act discusses the conditions for a valid marriage. This provision also does
not leave any scope for LGBTQ+ marriages, since it places a condition that the parties should
be fit for procreation, which is not always possible in such marriage.
Conclusion
The council of petitioners humbly submits that the PIL is maintainable in the Supreme Court
of Aryavart. Because a large number of people is affected by the petition specially Muslim
women in matters of maintenance, marriage, divorce and other personal matters and trans
people. Further Article 44 of the constitution states that:“ The state shall endeavour to secure
for the citizens a uniform civil code throughout the territory of India.”18 So, it’s very much
necessary to implement UCC in a country like Aryavart.
18. Art. 44 Constitution of India, 1950.

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2. Whether UCC is violative of one’s’ Fundamental rights and other personal rights
Guaranteed under the Constitution of Aryavart and is it the States’s interference in the
Realm of the personal laws of the subjects?
UCC is a proposal to formulate and implement personal laws of citizens which apply on all
citizens equally regardless of their religions, gender and sexual orientation. Presently personal
laws of various communities are governed by their religious scriptures throughout the territory.
The core objective behind the formulation of the UCC is to established a uniform legal
framework for all citizens. It has been supported by some groups as a way to promote national
integration and gender justice. The only state in Aryavart that has a UCC is Kankan, which
retained its common family law. The rest of the states follow different personal laws based on
their religious or community identity.
2.1.UCC and Constitutional recognition:
The idea of UCC basically recognised under Art. 44 of the constitution falling under the DPSP
which signifies, “the state shall endeavour to secure for the citizens a uniform civil code
throughout the territory.”19 Dr. B.R. Ambedkar, the chairman of the Drafting Committee often
called as the ‘Father of Constitution’ was clearly in favour of the UCC during the
constitutional assembly debates. While supporting this Ambedkar said, “There was nothing
new about the Uniform Civil Code. There already existed a common civil code in the country
except for the areas of marriage, inheritance — which are the main targets for the Uniform
Civil Code in the Draft Constitution. It is perfectly possible that the future parliament may
make a provision by way of making a beginning that the Code shall apply only to those who
make a declaration that they are prepared to be bound by it, so that in the initial stage the
application of the Code may be purely voluntary.”20
19. Art. 44 Constitution of India, 1950.

20. Constitution Assembly Debate

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2.2.National integration and Secularism:
UCC would promote national integration and secularism by creating a common identity and
sense of commonhood among all the citizens. It would also reduce the communal and sectarian
conflicts that arise due to different personal laws. It would uphold the constitutional values of
equality, fraternity and dignity for all. In a simple word, UCC basically uphold the idea of
Secularism and also promote national Integration. In the case of Sarla Mudgal v. Union of
India 21 the Supreme Court held that a Hindu husband cannot convert to Islam and marry
another woman without dissolving his first marriage. It also stated that a UCC would prevent
such fraudulent conversions and bigamous marriages. In S.R. Bommai v. Union of India 22
held that religion cannot be mixed with state secular activities.
2.3.Gender Justice and Equality:
Art.14 of Constitution talks about ‘Equality before Law’ and ‘Equal Protection of Law.’ Art.15
talks about Prohibition of discrimination on the basis of religion race, caste, sex, place of birth
etc. UCC would ensure gender justice and equality by removing the discrimination and
oppression faced by women under various personal laws. It would grant equal rights and status
to women in matters of marriage, divorce, inheritance, adoption, maintenance, etc. It would
also empower women to challenge the patriarchal and regressive practices that violate their
fundamental rights.
2.4.UCC and Other Personal Rights:
The people have been guaranteed with fundamental rights under part III of the constitution
however the people also have various others personal rights that they enjoyed through other
constitutional provisions and also through various personal laws as provided by the state. Some
have the controversial view in regards to the implementation of UCC that it violates the other
personal rights of the people. But it actually not violative to the other personal rights of the
people rather it will help in reducing various religious practices or other practices as are given
by various personal laws those practices that actually signifies various unequal practices among
the people, also promote unequal treatment of the woman in the society like - Talaq-e-Bidat,
Sapinda relationship, Triple Talaq, Nikah Halala and practices of Hindu undivided family etc.
21. Sarla Mudgal v. UOI 1995 AIR 1533

22. S.R. Bommai v. UOI AIR 1994 SC1818

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In the case of Shah Bano Begum v. Mohammad Ahmed Khan 23 the Supreme Court upheld
the right of a Muslim woman to claim maintenance from her husband under Section 125 of the
Criminal Procedure Code, even after the expiry of the iddat period. It also observed that a UCC
would help in removing contradictions based on ideologies. The provision of 44 is based on
the premise that there is no necessary connection between religious and personal law in a
civilized society.24
2.5.Reformation of Regressive Practices and role as welfare State:
Aryavart accepted the ideology of ‘Socialism’ 25 where the state’s main objective is to welfare
of the people. Under Constitution law making power is with Legislature and in Public Interest
legislature can make laws. For example: Women Reservation Bill 2023. UCC would modernise
and reform the outdated and regressive practices that are prevalent in some personal laws. It
would eliminate the practices that are against the human rights and values enshrined in the
Constitution of India, such as triple talaq, polygamy, child marriage, etc. Further for example
UCC also help to comply with the decriminalization of section 377 of IPC that talks about the
unnatural offences. It would also accommodate the changing social realities and aspirations of
the people. In the case of Shayara Bano v. Union of India26 the Supreme Court declared the
practice of triple talaq as unconstitutional and violative of the dignity and equality of Muslim
women. It also recommended that the Parliament should enact a law to regulate Muslim
marriages and divorces.
2.6.Simplification and Rationalisation of the Legal System:
UCC would simplify and rationalise the legal system by removing the complexities and
contradictions of multiple personal laws. It would harmonise the civil and criminal laws by
removing the anomalies and loopholes that arise due to different personal laws. It would make
the law more accessible and understandable for the common people.
23.Shah Bano Begam v. Mohd. Ahmed Khan AIR 1985 SC 945.

24.Vallamattom v. UOI AIR 2003 SC 2902.
25. Preamble, Constitution of India, 1950
26. Shayra Bano v. UOI AIR 2017 9 SCC 1(SC)

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Conclusion:
It can rightly be concluded by saying that the formation and implementation can be considered
as one of the need of the present days. UCC on one hand helps in recognising secularism as
well as promoting uniformity and unity of the country on the other hand it also helps in
promoting various fundamental rights, besides this it also helps in modernising and reforming
the outdated and regressive practices.

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3.Whether non issuance of Birth certificate for the child born from a LGBTQIA couple
is the violation of child’s right by the state?
A birth certificate is the primary legal document that establishes an individual’s identity. It
contains vital information such as the person’s full name, date and place of birth, gender, and
the names of their parents. Furthermore, a birth certificate is vital for determining an
individual’s citizenship. It provides concrete evidence of a person’s nationality, ensuring that
they have access to various rights and privileges bestowed upon citizens, such as voting,
education, healthcare, and employment opportunities
3.1.Historical Evolution of LGBTQIA:
Ancient civilization about acceptance and celebration of all forms of love. This can be seen in
Indian religious books which contained homosexual characters and themes in their texts which
were neutral to the idea of homosexuality. The Rigveda contains the phrase Vikriti Evam
Prakriti meaning what seems unnatural is also natural. Kama Sutra mentions that lesbians
were called “Swarinis”, who often married each other and raised children together. During
the medieval times, there was some disproval for homosexuality but LGBT people were not
ostracised. The society was tolerant towards them and nobody was hounded for having a
different sexual preference. Mubarak, son of Alauddin Khalji who ruled The Delhi Sultanate
between 1296 and 1316, was known to be in a relationship with one of the noblemen in his
court. Babur, who founded the Mughal Dynasty, wrote about his love for a boy named Baburi
.
In 1977, Shakuntala Devi published the first study of homosexuality in India, called “The
World of Homosexuals”. It called for “full and complete acceptance and not tolerance and
sympathy”. Soon after in 1981, the first All-India Hijra Conference was called in Agra and
50,000 members from the community all over the country attended it. In 1994, Hijras were
legally granted voting rights as a third sex. The first petition challenging section 377 was filed
by the AIDS Bhedbhav Virodhi Andolan 27 eventually dismissed.
27. AIDS Bhedbhav Virodhi Andolan v. UOI W.P. (Civil) No. 1784 of 1994

21 | P a g e
In April 2014, the Supreme Court of India ruled that transgender people should be treated as
the third category of gender. Finally, on 6 September 2018, the Supreme Court struck down the
part of section 377 which criminalized consensual homosexual activities and gave the country’s
LGBTQ community the freedom to safely express their sexual orientation.28 An individual’s
sexual orientation was protected by the Right to Privacy law. By this time, the LGBTQ people
had the right to express their sexual orientation, but homosexual acts still remained
criminalized. On November 26th 2019, the Parliament passed The Transgender Persons
(Protection of Rights) Bill.
3.2.Violation of constitutional Right: The Constitution contains certain provisions which

guarantee the basic human rights of all the citizens . These rights can be invoked by individuals
if there is any violation of them. Fundamental rights act as the foundation that upholds the
democratic system and establish the essential conditions for an individual’s material and moral
protection ensuring social justice and equality. The fundamental rights are available to all the
citizens. Any document related to the date and place of birth can be submitted to prove
citizenship for National Register of Citizens, “if you do not have the details of your birth, then
you will have to provide the same details about your parents,” the PIB29 release said. “But there
is absolutely no compulsion to submit any document by/of the parents.”
3.3.Violation of Statutory Right:
Birth Certificate is the most important identity document that makes it possible for anyone in
possession of it to benefit from a gamut of services offered by the Indian Government to its
citizens. It becomes necessary to obtain a Birth Certificate because it serves to establish the
date and fact of one’s birth for a whole range of purposes, like acquiring the right to vote,
admission to schools and to the Government Service, claiming the right to marry at the legally
permissible age, settlement of inheritance and property rights, and obtaining Government-
issued identity documents like a driving licence or passport. In India, it is mandatory under the
law as per The Registration of Births & Deaths Act, 1969 to register every birth/still birth
with the concerned State/UT Government within 21 days.

29.Press Information Bureau, 2019

22 | P a g e
In case of V.М.А. v. Stolichna obshtina,30 it was held that there must be a link
between biological mother or father with the child to get a birth certificate which
is the primary right of a child.
3.4.International Conventions:
The right to birth registration and the right of everyone to recognition everywhere
as a person before the law is a universal human right, first acknowledged in article
6 of the Universal Declaration of Human Rights and specifically recognized in
article 24, paragraph 2 of The International Covenant on Civil and Political
Rights, which states that every child shall be registered immediately after birth. In
its general comment No. 17 on the rights of the child, the Human Rights Committee
stated that article 24, paragraph 2 should be interpreted as being closely linked to
the right to special measures of protection, and that the main purpose of the
obligation to register children after birth is to reduce the danger of abduction, sale
of or traffic in children, or of other types of treatment that are incompatible with
the enjoyment of the rights provided for in the Covenant.
The Convention on the Rights of the Child reinforces the fundamental

importance of the right to birth registration in its article 7, which states that the
child should be registered immediately after birth and have the right from birth to
a name, the right to acquire a nationality and, as far as possible, the right to know
and be cared for by his or her parents. It further provides for States parties to ensure
the implementation of these rights in accordance with their national law and their
obligations under the relevant international instruments in this field, in particular
where the child would otherwise be stateless.
3 Conclusion:
The council of petitioners humbly submits that right to get birth certificate is
fundamental right as well as statutory right and also recognized by international
convention. Not issuing the same is violative of Article 14, 15, 19 and 21. Even
interpretation of beginning of Preamble “we the people”31 connotes every people
including LGBTQIA people as well. So, it is direct violation of child’s right by the
state.
30.Adm. Court of Sofia, Bulgaria C-490/20.

31.Preamble, Constitution of India,1950

23 | P a g e
4.Whether the constitutional power of Court to frame laws has led to the scenario where
Legislature become the executive wing of Judiciary?
Government has three wings- Legislature, Executive & Judiciary. Generally law making power
is vested upon Legislature, Executive do enforce the laws made by Legislature & Judiciary
interprets those laws. But to some extend Aryavart support judicial legislation. Judicial
legislation is nothing but law pronounced, proclaimed and declared by the judiciary–more
particularly the Supreme Court, this is also known as judicial law or Judge-made law.
4.1.Doctrine of Precedent:
A decision that has already taken by a higher court binding the lower courts and at the same
time stands as a precedent to lower courts. The English Common Law system is widely built
upon the judicial precedents decided by the House of Lords. With the establishment of Mayor’s
Courts by the British East India Company in 1726, the use of judicial precedents was
introduced in India. Section 212 of Government of India Act, 1935. After Independence
Article 141 of constitution was enforced, which strengthened the status of judicial precedents
in the Indian legal system. In the case of ICICI Bank v. Municipal Corporation of Greater
Bombay32 it was stated that the decision given by the apex court must be read in accordance
with the context of the statutory provisions which have been interpreted by the competent court.
In Shah Bano Begum v. Mohd. Ahmed Khan33 it was held that the Supreme Court’s
interpretation of religious texts is a binding precedent. The apex court held after finding out
what were the important rights of Muslim divorced women were not there properly in the
original texts or any other material the Honourable Supreme Court, in the case of Shayara
Bano v. Union of India and Ors. 34 took into consideration whether the practice of triple talaq
or “instant divorce” is violative of the fundamental rights guaranteed by the Constitution. After
looking into the practice and the Islamic law, it was established by the court that the practice
of triple talaq is not subject to public order, morality, or health as required under Article
25(1). Moreover, in the Pandurang Kalu Patil v. State of Maharashtra35 the supreme court
had even stated that decisions of the High court will be binding until and unless the Supreme
Court overrules them.
32.ICICI Bank v. Municipal Corporation of Greater Bombay AIR 2005 SC 3315.

33.Shah Bano Begum v. Mohd. Ahmed Khan AIR 1985 SC 945.
34. Shayara Bano v. UOI and Ors. AIR 2017 9 SCC 1 (SC).
35.Pandurang Kalu Patil v. State of Maharastra 1987 AIR 535.

24 | P a g e
4.2.Judicial Incorporation:
The doctrine that rules of international law automatically form part of municipal law. It is
opposed to the doctrine of transformation, which states that international law only forms a part
of municipal law if accepted as such by statute or judicial decisions. As far as international
treaties are concerned, the sovereign has the power to make or ratify treaties but these treaties
have no effect in municipal law until enacted by Parliament. However, judges will sometimes
consider provisions of international treaties in applying municipal law. Justice K. S.
Puttaswamy v. Union of India36 nine-judge bench established that the right to privacy is a
fundamental right flowing from Art.19 and 21Indian Young Lawyers’ Association v. State of
Kerala: Chief Justice Dipak Misra’s five-judge bench declared unconstitutional the Sabarimala
Temple’s custom of prohibiting women in their ‘menstruating years’ from entering its inner
sanctum.
five-judge Bench unanimously struck down Section 377 of the Indian Penal Code, 1860, to the
extent that it criminalised same-sex relations between consenting adults.
All these three judgments presented an opportunity for the Court to confront and settle critical
issues around the Navtej Singh Johar v. Union of India37 In a historic judgment for the LGBT
community, a Indian Constitution, specifically relating to fundamental rights.
In all three judgments, the most cited foreign jurisdiction was America. In Puttaswamy and
Navtej Johar, nearly 20% of the judgments cited stemmed from the United States: 17.54% and
18.37% respectively. For the Sabarimala case38 this dropped down to 7.22%. Other common
law jurisdictions that the Court consistently relied on include Canada and the United Kingdom.
The Court might have favoured looking at these three nations because of our shared legal
system of common law: certain legal traditions and principles are similar across these legal
36. K.S. Puttaswamy v. UOI (2017) 10 SCC 1

37.Navtej Singh Johar v. UOI AIR 2018 SC 4321
38. Indian Young Lawyer’s Association v. UOI (2019) 11 SCC 1

25 | P a g e
4.3.Judge made laws:
Even though enacting legislation is the constitutional prerogative of the legislature. There may
be circumstances where the existing laws made by the legislature prove to be inadequate in the
process of administration of justice. It is said that even if Parliament and State Legislatures in
India make laws for 24 hours a day and 365 days a year, the quantum of law cannot be sufficient
to the changing needs of the modern society. In MC Mehta v. UOI 39the Supreme Court agreed
with the prayer that environment should be made a compulsory subject in schools and colleges
in a graded system so that there would be a general growth of awareness and issued guidelines
for prevention of Ganga water pollution. In Vishaka v. State of Rajasthan40 SC held that
sexual harassment of women at the workplace is against their dignity and provides the
guidelines which are to be treated as a declaration of law in accordance with Article 141 of the
Constitution until Parliament legislates on the subjects. SC in Rambabu Singh
Thakur v. Sunil Arora 41 passed another judgment whereby all candidates both at the State
and Central level would have to publish their criminal records if they want to stand in elections.
An earnest attempt was made by the Supreme Court to cleanse politics through its extraordinary
powers. In connection with the impact of Covid-19, the Supreme Court has received a large
number of petitions from individuals and organisations. Some prayers were frivolous, while
others required high levels of medical or other expertise. The Supreme Court has passed very
bold orders, to minimise fatalities. These orders/guidelines of the Supreme Court to ensure
proper management of the Covid-19 pandemic were also a form of judicial legislation.
39. MC Mehta v. UOI AIR 1983 1 SCC 471

40.Vishaka v. State of Rajasthan (1997) 6 SCC 241
41.Rambabu Singh Thakur v. Sunil Arora (2020) 3 SCC 241

26 | P a g e
4.4. Judicial Activisim :
Judicial activism signifies the proactive role of the Judiciary in protecting the rights of
citizens. The practice of Judicial Activism first originated and developed in the USA. In
Aryavart, the Supreme Court and the High courts are vested with the power to examine the
constitutionality of any law, and if such a law is found to be inconsistent with the provisions
of the constitution, the court can declare the law as unconstitutional. The first landmark case
in this regard was A.K. Gopalan v. State of Madras 42 in which a writ was filed to determine
whether detention without trial was a violation of fundamental rights under Art.14,19,21
and 23. The Supreme Court opined that the written Constitution contains the authority for
judicial review
Supreme Court rejected the attempt by the government to overturn the Kesavananda
Bharti43 decision and usurp unrestricted power to amend the Constitution to its liking. In
Minerva Mills v. UOI 44 the apex court declared that Judicial Activism is the basic structure
of the Constitution hence executive had no right to intercede and tamper with the basic
structure of the constitution .
Conclusion:
The council humbly submits before the court that to some constitutional power to frame laws
has led to scenario where the legislature become the Executive wing of Judiciary but not
absolutely Judicial Legislation is valid as long as there is no specific laws on the same
grounds. Whenever laws made there is no value at all. With recent developments Judicial
Activism becomes the basic structure of the Constitution and judiciary is free to check
whether the laws made by Legislature is Constitutionally valid or not.
42. A.K. Gopalan v. State of Madras AIR 1950 SC 27.

43.Kesavananda Bharati v. State of Kerala AIR 1973 SC 1461
44. Minerva Mills v. UOI AIR 1980 SC 1789

27 | P a g e
PRAYER
Wherefore in light of the issues raised, arguments advanced, and authorities cited, it is humbly
Prayed before the Hon’ble Supreme Court of Aryavart to provide an appropriate direction and
Judgment and adjudge and declare that:
1.The PIL filed by Samridhi NGO and the couple Mrinal and Akram is maintainable in the
Supreme Court of Aryavart and it is feasible to implement UCC in a country like Aryavart.
2.UCC is not violative of one’s Fundamental Rights and other Personal Rights guaranteed
under the Constitution of Aryavart and as a Welfare State it can interfere in the realm of
personal laws of subjects.
3.The non-issuance of the Birth Certificate for the child born from LGBTQIA couple is
violation of child’s right by the state.
4.The Constitutional power of court to some extent has led to the scenario where Legislature
have become the Executive wing of Judiciary.
AND/OR
Pass any other order or orders as this court may deem fit and proper in the circumstances of the
case and in the light of justice, equity and good conscience.
For this act of kindness, the Petitioner, as in duty bound, shall humbly pray.

28 | P a g e

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2nd DEO MANGAL MEMORIAL NATIONAL MOOT COURT COMPETITION, 2023

Team Code - NSL01

BEFORE THE HON’BLE SUPREME COURT OF ARYAVART

PUBLIC INTEREST LITIGATION

IN THE MATTER BETWEEN

Mrinal and Akram

MEMORIAL ON BEHALF OF PETITIONER

MEMORIAL FOR PETITIONER

LIST OF ABBREVIATIONS …………………………………………….. 02

INDEX OF AUTHORITIES ………………………………………………03-04

STATEMENT OF JURISDICTION ……………………………………… 05

ISSUES RAISED ……………………………………………….………….. 08

SUMMARY OF ARGUMENT ……………………………………………. 09-10

ARGUMENT ADVANCED ……………………………………………….. 11-27

MEMORIAL FOR PETITIONER

AIMPLB All India Muslim Personal Law Board

MEMORIAL FOR PETITIONER

1. AIDS Bhedbhav Virodhi Andalan v. UOI W.P.(Civil) No. 1784 of1994

1. Code of Criminal Procedure, 1973

4. The Constitution of India, 1950

1. International Covenant on Civil and Political Rights.

1. V.М.А. v. Stolichna obshtina

1. Law Commission Report, 2018

MEMORIAL FOR PETITIONER

32. Remedies for enforcement of rights conferred by this Part.—

MEMORIAL FOR PETITIONER

STATEMENT OF THE FACT

1. Aryavart is a large Conservative Sovereign country in Asiana consisting 28 states and

MEMORIAL FOR PETITIONER

7. The All-Indus Muslim Personal Law Board is opposing implementation of Uniform

MEMORIAL FOR PETITIONER

MEMORIAL FOR PETITIONER

MEMORIAL FOR PETITIONER

MEMORIAL FOR PETITIONER

1.1 Interest of people at large involve:

1.Constitution of India, 1950.

MEMORIAL FOR PETITIONER

1.2 Poor Treatment to Muslim Women:

MEMORIAL FOR PETITIONER

10.Shah Bano Begum v. Mohd. Ahmed Khan AIR 1985 SC 945.

MEMORIAL FOR PETITIONER

MEMORIAL FOR PETITIONER

18. Art. 44 Constitution of India, 1950.

MEMORIAL FOR PETITIONER

2.1.UCC and Constitutional recognition:

19. Art. 44 Constitution of India, 1950.

MEMORIAL FOR PETITIONER

2.2.National integration and Secularism:

held that religion cannot be mixed with state secular activities.

2.3.Gender Justice and Equality:

2.4.UCC and Other Personal Rights:

21. Sarla Mudgal v. UOI 1995 AIR 1533

MEMORIAL FOR PETITIONER

2.5.Reformation of Regressive Practices and role as welfare State:

2.6.Simplification and Rationalisation of the Legal System:

23.Shah Bano Begam v. Mohd. Ahmed Khan AIR 1985 SC 945.

MEMORIAL FOR PETITIONER

MEMORIAL FOR PETITIONER

3.1.Historical Evolution of LGBTQIA:

MEMORIAL FOR PETITIONER