Rules and Regulations of the Intra Moot Court Competition:

The Intra Moot Court Competition 2017 to be held on 25th of August

2017 is open for the Second, Third, Fourth and Fifth year students.

I. General Rules of The Moot Court Society for Academic year

2017-18 (w.e.f. 05 Aug 2017):

A. It shall be mandatory for the teams/students willing to

participate in any National and International Moot Court

Competition to participate in Intra Moot Court Competition

2017.

B. Teams willing to participate in any National or International

Moot Court Competition shall inform the Moot Court

Society at least 14 days prior to the last date of registration

and need to appear compulsorily for a screening.

For screening a notice will be issued in form of a general

invitation which shall be open to all the students. Without

screening no team shall be allowed to participate in any

Moot Court Competition irrespective of any circumstances.

C. Office bearers of the Moot Court Society are not restricted

from participating in any National or International Moot

Court Competition however, it shall be mandatory for the

willing team to appear for screening just like any other team.

D. The Screening of the Team shall be strictly on the Merits

based on the submissions of Memorial and Oral Arguments

for the Moot Preposition of the Competition for which the

screening is scheduled.

E. The Rules of the screening shall be as per Clause V and

Clause VI. The Moot court Society depending upon the

exigencies and the situation may formulate rules befitting

the interest of the institution.

II. Team Composition & Registration process for Intra Moot

Court Competition 2017:

A. Each team shall comprise of three members i.e. two Speakers

and one Researcher.

B. Any modification in the name of the participant shall not be

entertained, however in exceptional cases Faculty

Convenors, Moot Court Society may allow modification

limited to one modification per team.

C. Interested team shall register themselves by filling the

registration form and submitting the same to the Moot Court

Society, latest by 17th August 2017, till 15:00 PM.

D. The moot proposition shall be same for all the participants.

III. Intra Moot Court Competition Rules:

A. The competition shall be held between students of Second,

Third, Fourth and Fifth year only.

The first year students shall however be a part of the

competition as observers and may be selected as part of the

organizing Team subject to further notification and selection.

B. Memorial submission is mandatory for appearing at the oral

rounds. Memorial submission in hard copy is allowed latest

by 21st August 2017, 15:00 PM.

C. The submission of soft copy of the memorial is allowed

latest by 20th August 2017, at sol.mootcourt@iuu.ac by

marking a copy of the same to skghosh2708@gmail.com and

maham.haider9@gmail.com

D. Registered teams will have to submit the memorials in both

soft copy and hard copy. Teams shall have to submit three

hard copies of their memorials for both sides latest by the

deadline as mentioned under clause III (B) to either of the

student conveners of the Moot Court Society as mentioned

below.

E. Upon successful registration a team code shall be provided

to the teams through e-mail. Participants are requested to

maintain confidentiality of their team code and to use the

same team code for any identification during the

competition.

IV. Memorial Submission Guideline:

A. Teams shall have to prepare Memorial for both Appellant

and Respondent.

Teams shall submit the soft copy at sol.mootcourt@iuu.ac

latest by the deadline mentioned under Clause III(B).

Please mark cc to skghosh2708@gmail.com and

maham.haider9@gmail.com while submitting the soft copies.

B. Teams shall use their team codes only for the memorial

identification purpose. Unfair or unwarranted use of Team

Code shall lead to disqualification of the team in entirety.

C. The memorials should be submitted on A4 size paper,

printed only one side and must contain the following

sections;

i. The Cover Page

ii. Table of Contents

iii. List of Abbreviations

iv. Index of Authorities / Table of Cases

v. Statement of Jurisdiction

vi. Statement of Facts

vii. Statement of Issues

viii. Summary of Arguments

ix. Arguments Advanced/Detailed Arguments.

x. Prayer

xi. Bibliography

D. The title page shall include:

i. The Name of the Court

ii. The Year of the Competition

iii. The Name of the Case

iv. The Name of the parties

v. Team Code to be indicated at the top right corner

in bold. (Eg. T1) which shall be intimated to the

respective teams.

vi. The title of the Document(i.e. “Memorial for

Petitioner” or “Memorial for Respondent”)

E. The font of the body of the memorial should be Times New

Roman, size 12, line spacing 1.5 & headings should be 14.

Font Size of the cover page may be 14 or 16. All the copies of

the memorials must have the team codes at the upper right

corner in bold manner.

F. The Arguments should not exceed 15 number of pages.

However the total number of pages for the memorial shall be

limited to 25 pages including cover page.

G. The memorials should be spiral bound at the time of

submitting the hard copy.

H. All the pages of the memorials should have page numbers at

the bottom.

I. The appellant’s memorial should have Blue cover page and

the respondent’s memorial should have Red Cover Page.

J. The teams shall to use the latest edition of Blue Book for

citation format throughout the memorial.

K. The maximum score for the memorial shall be 100 marks.

The criteria for evaluating the memorial are as followed,

i. Knowledge of Law and facts (20 Marks)

ii. Analysis and Interpretation (20 Marks)

iii. Use of Research (20 Marks)

iv. Organized Manner and Clarity (20 Marks)

v. Grammar and Style (20 Marks)

V. Oral Submissions:

A. The language of the competition shall be English. B. Each team shall be leading the case from both the sides. The

opposing teams shall be decided by draw of lots.

C. Each team will get a total of 20 minutes to present their case

for one side, the time will include rebuttal. Any time

exceeding the allotted time will lead to deduction of 0.25

marks per minute. However extension of time is permissible

at the discretion of the judges.

D. The division of time per speaker for a team is left at the

discretion of the team members subject to a maximum of 12

minutes per speaker.

E. The oral arguments should be confined to the issues

presented in the memorial. The researcher shall not present

any oral argument however the presence of the researcher is

mandatory during the oral rounds.

F. Strict adherence to court manners shall be observed by all

the participants.

G. Passing of note or chits is not allowed during the oral

rounds at any circumstances.

H. Maximum score for oral rounds shall be 100 points per

speaker, which consists the following break ups:

i. Vocabulary Skills and Speaking skills (20 Marks)

ii. Court Ethics (20 Marks)

iii. Ingenuity and Ability to Answer Questions (20 Marks)

iv. Time Management (20 Marks)

v. Knowledge of Law and Moot Problem (20 Marks)

I. The participants shall mandatorily abide by the dress code.

i. For Male Participants: Formal Black Attire with White

Shirt.

ii. For Female Participants: Formal Black Attire with

White Shirt.

VI. Researchers Test:

A. It shall be mandatory for all the Researchers to appear for

Researchers Test of 100 Marks.

B. Researcher Test will include objective questions out of which

75% of the questions shall be based on Constitutional Law,

Contracts, Indian Penal Code, Administrative Law, Moot

Proposition and General Knowledge, and the remaining 25%

will be based on Intellectual Property Right, CrPC, and

Jurisprudence.

C. Researcher Test will be for one hour.

D. Researcher Test will be held on 22nd August 2017 at 15:00.

However, depending upon the exigencies, the Moot Court

Society may in its discretion re-schedule the Researcher Test.

VII. Moot Court Society, in its sole discretion shall be at liberty to

decide upon the number of rounds to be conducted as deem

fit and necessary depending upon the number of registration

received.

VIII. Finality of Judgement:

A. The decision of the Judges and the Moot Court Society with

regard to the outcome of the rounds shall be final.

B. As per the performance in the Intra Moot Court Competition

rankings of the speaker and researcher will be decided.

C. For ranking of speakers, their marks during the oral rounds

will be compiled individually.

D. For ranking of researchers, their marks will be compiled

which will include Researchers’ Test's Marks and Memorial’s

Marks individually.

E. In case of any tie between the marks of the individual

speakers, the winner of the particular court room will be

awarded with one bonus (+1) mark. If any tie subsists then

there shall be a Tie Breaker round.

IX. Composition of the Moot Court Society 2017:

A. Faculty Convener

i. Ms. Divya Singh Rathor

B. Faculty Co- Convener

i. Mr. Nikunj Singh Yadav

C. Student Convener

vii. Mr. S Kumar Ghosh

+91 9045552749

skghosh2708@gmail.com

viii. Ms. Maham Raza Haider

+91 8192812440

maham.haider9@gmail.com

For any query feel free to approach any of the members of the Moot

Court Society.

IMS UNISON UNIVERSITY, DEHRADUN

INTRA MOOT COURT COMPETITION

25th AUGUST, 2017

REGISTRATION FORM Instruction: All participating teams are requested to fill in the details in

capital letters and a scanned copy of the filled form should be mailed to

sol.mootcourt@iuu.ac and mark cc to skghosh2708@gmail.com &

maham.haider9@gmail.com to expedite allotment of the team code.

Please read Rules & Regulations of the competition before submitting

this registration form.

SPEAKER I: Enrollment ID: _______________________________________

Gender: _______________________________________

Mobile Number: +91 ____________________________________

Email ID: _______________________________________

SPEAKER II:

Enrollment ID: _______________________________________

Gender: _______________________________________

Mobile Number: +91 ____________________________________

Email ID: _______________________________________

RESEARCHER:

Enrollment ID: _______________________________________

Gender: _______________________________________

Mobile Number: +91 ____________________________________

Email ID: _______________________________________

*Please put your signatures as per the team configuration. I Speaker II Speaker Researcher

MOOT PREPOSITION

BACKGROUND- In the Republic of Indiana, people following many religious

belief reside since time immemorial. The Republic of Indiana guarantees

Freedom of Religion to all the citizens subject to the public order, morality

and health.

Radhika, a 14 years old girl along with her joint family lived in Gholapur which

is completely inhabitated by the followers of Gholian religion. The religion

advocates for Peace, non-violence, sacrifice and brotherhood. As per the

followers of the religion, a person may become “Tapasvi” as per their

discretion as and when their inner conscience allows. The concept of “Tapasvi”

incorporates the idea of renouncing the world, fasting with only food & water

sufficient for mere subsistence and giving up of worldly desires. It is hailed

among the members of “Gholian community” as attainment of immortality of

the soul and body. The practice of renouncing world by fasting is known as

“Kanthara”. Though, the practice is followed after listening to the inner self. It

can be practiced by anyone immaterial of the age.

Radhika’s family which runs Garment business has been following the religion

in spirits since time immemorial. There have been incidences where members

of Radhika’s family have become “Tapasvi” renouncing the world. Radhika’s

Great grandfather and Grand Mother who also practiced “Kanthara” are

glorified, lauded and honoured by the community. Radhika, along with her

cousins has been born and brought up in the joint family seeing various

religious practices including “Kanthara”. One of Radhika’s Cousin named,

Awdhesh, started following the “Kanthara “practice when he was 13 years of

age, however due to detoriating health he was admitted to a hospital in critical

situation. As a result of the practicing “Kanthara” and remaining on fast for

several days, Awdhesh has been partly Paralyzed and is now confined to a

wheel chair.

Radhika on her 14th birthday, on 01/01/2016 has attended a 10 days religious

gathering of the “Gholian” community. After one month of the gathering she

conveyed to her Parents her decision to practice “Kanthara” and becoming

“Tapasvi” by renouncing the world and fasting. Parents of Radhika supported

her decision, and a religious gathering was organized on 20/03/2016 to

announce her decision of becoming “Tapasvi”. In the said gathering, Radhika

was decorated like a bride and all the members who were present hailed her

for taking this decision at such a tender age. From the day of the gathering,

Radhika stopped attending school and meeting her friends. She started

spending all day chanting hymns and confining herself to a single room in

which no one was allowed to enter. She used to take only half cup of boiled

water, twice a day.

After fasting for nearly a week, Radhika started turning Pale & weak and

fainted on 28/03/2016. Radhika on being admitted to the hospital was advised

to stop fasting and feeding by drip was immediate requirement. Radhika

denied breaking her fast and neither Radhika nor her parents allowed doctors

to carry out the required medical treatment. Thereafter, Radhika was brought

back home and she continued her fast.

Again, after one month of beginning her fast on 20/04/2016, one more

religious gathering was organized in Radhika’s house which was attended by

almost all religious followers of the community including the head Religious

leader, Shri. Swami. In the gathering, Radhika, though decorated as goddess

was brought in a palanquin as she was not able to walk or sit. All present in the

gathering including Shri. Swami hailed Radhika as “tapasvi” and took her

blessings by touching her feet.

On 60th day of her fasting in and around mid-night of 20/05/2016, Radhika

became unconscious. On seeing this, family members of Radhika started

celebrating her attainment of “Tapasvihood”, and all the religious leaders of

the community including Shri. Swami was informed about this. All gathered at

Radhika’s house next morning and a ceremonial function was organized to

commensurate her attainment of “Tapasvihood”. When Radhika didn’t show

any sign of consciousness on 21/05/2016 around afternoon, she was taken to a

hospital where she was declared brought dead.

Doctors of the hospital informed police about the unusual death of a minor

girl, Radhika. On the other hand family members of Radhika started celebrating

her death considering it as “attainment of Tapasvihood”. At least 1000 people

attended Radhika's funeral hailing her as a 'baltapasvi'. The funeral procession

was called as 'shobhayatra' - a mark of celebration.

The death of Radhika while practising “Kanthara”, sparked across the nation as

wildfire. Followers of the community hailed this as an attainment of

immortality and erected statute of Radhika as a symbol of Sacrifice. On the

other hand, Child Rights Activists criticized it as immoral and exploitative. One

of the Child Rights NGO named “Khushi”, based in New Valencia, approached

the Police of Gholapur to file a Criminal Complaint against Parents, members of

the Radhika’s family and religious leaders of the community including Shri.

Swami, for abetting the suicide of Radhika, who was a minor girl. The Police

denied registering the FIR on the grounds of religious pressure and law &

order.

The NGO “Khushi”, moved to the Apex Court of the Republic of Indiana under

writ jurisdiction seeking ban on such practices and relief by way of writ of

Mandamus directing Police authorities to register FIR and initiate proceedings

accordingly.

Parents & Family members of Radhika and Religious leaders of the community

including Shri. Swami, presented themselves before the Hon’ble Court through

their Advocate and contended that NGO “Khushi” has no right to initiate

proceeding against them as they have no substantial interest in the matter.

State also appeared through its counsel. One of the main contentions of the

religious leaders was that if at all there is any case, then the same shall not lie

against them as they have not at all forced or convinced Radhika to undergo

the practice. Secondly, no one has forced Radhika to practice “Kanthara” and

she has exercised her Right to profess any religion of her choice, which is

guaranted to every citizen irrespective of their age. They further argued that

Article 25 of the Constitution of Republic of Indiana, guarantees them freedom

of conscience and the right to freely profess, practice and propagate religion.

Further, Republic of Indiana being signatory to United Nations Convention on

the Rights of the Child is duty bound to provide freedom of thought,

conscience and religion to all children under Article 14.

NGO “Khushi” argued that the practice of “Kanthara” is detrimental to the

health of the individual and no one can be allowed, instigated and encouraged

to take their own life because as such in the Republic of Indiana “Attempt to

Suicide” is a punishable offence. Secondly, Republic of Indiana being signatory

to United Nations Convention on the Rights of the Child is under obligation to

protect the interest of the Children as per Article 14.

The matter is listed for hearing before the Hon’ble Apex Court of the Republic

of Indiana. Argue on behalf of petitioner and Respondent.

ASSUMPTIONS:-

(1) The laws of The Republic of Indiana are in 'parimateria' with the laws of

India.

(2) Reservation and treaties entered into by Republic of Indiana are to be

assumed as reservations and treaties entered into by India.