INSTITUTE PAR EXCELLENCE

Amity Law School, approved by the Bar LEGACY OF TOP PLACEMENTS

Council of India, is one of the premier
institutions for pursuing a legal career. It
OF AMITY LAW STUDENTS IN
is focussed to produce litigation INTERNATIONAL FIRMS
specialists, corporate lawyers, mediation
& arbitration experts, and professionals to
 Allen Ovary LLP (UK)
draft legal instruments, policy makers,
 Ashurst (UK)
researchers and academicians, diplomats,
 Tan Kok Quan (Singapore)
comparative law experts for burgeoning
 Norton Rose (Singapore)
LPO Industry and others to meet the
 Drew and Napier (Singapore)
diverse requirement of legal human  Clyde And Co. (Dubai)
resource.  Rouse And Co. International( Dubai)
 Phillips ( Singapore)
The brilliant young minds at the school  World Trade Institute (Switzerland)
are nurtured under the tutelage of a
world-class faculty that demands
innovative thought and has been able to
initiate an interdisciplinary approach to EVENTS
all topics of study. The Faculty includes
prominent scholars of economics,
philosophy, and history, as well as
leading specialists in every area of law.

In addition, guest lecturers like

distinguished judges, eminent jurists,
policy makers, high ranking civil servants
and public figures apart from top lawyers
regularly take sessions to make Amity
Law School a vibrant intellectual.
 DIRECTOR’S MESSAGE

MAJ. GEN. P.K. SHARMA (RETD.)

Director, Amity Law School

Amity Law School Gurgaon boasts of a variety of legal battles including Legal Conferences,
Parliamentary Debates, Moot Court Competitions, Quiz Competitions, Debate Competitions, and
Poster Making etc. to enhance and groom the legal skills of students and make their way forward to
a competitive future. It also preserves the ethical principles required in the arena of law. With a
group of dedicated and professionally competent faculty, the Law School stands out to inoculate
moral, ethical and legal principles involved in the civil modern civilization. Presently, the Law
School inhabits nearly 500 Law students who are geared up to shake the world.

Propelled by the success of two National Moot Court Competitions organised by the Moot Court
Society of Amity Law School, we have now embraced to follow the league and host the 3rd Amity
National Moot Court Competition. At every stage one learns and we too have learnt from the past
and our team has left no stone unturned in ensuring that the Competition is organised academically
and administratively in the best possible manner.

Each one of us is striving hard to achieve the vision of our Hon’ble Founder President and Hon’ble
Chancellor of making this Institute one of the most prestigious institute of the country. I also take
this opportunity of conveying our gratitude to the Hon’ble Vice Chancellor, Deputy Vice
Chancellor the Pro-Vice Chancellor and Dean Students Welfare for their unstinted guidance and
blessings at each stage in organizing this conference.

I wish the event a great success and may the best Team win.

Best Wishes.
 Amity Law School

The VISION of the Amity Law School is to strive to be an internationally recognised leader in
socially relevant legal research and education in India and Commonwealth States. In pursuing its
vision, the Amity Law School has as its mission, the creation and sustenance of a research based
academic environment that is grounded in values of social justice and excellence. The values of the
Amity Law School are fully aligned with those of the University with a view to create a culture that
reflects these values.

The members of the Amity University Law Faculty believe that:

Our community of scholars must base their pursuit of knowledge through research, teaching and
learning, with membership acquired on the basis of intellectual merit, ability and the potential for
excellence; and that, Differing perspectives, arising from diverse backgrounds and histories that
define our identities, deepen scholarly inquiry and enrich academic debate.

We cherish:
Academic freedom, creative and innovative thought, ethical standards and integrity, accountability
and social justice; and our staff and students, who are the faculty’s core asset.

We foster:
An inquiry‐led and evidence‐based approach to creating knowledge; and Academic citizenship,
whereby we commit ourselves to harnessing our intellectual abilities in the interest of our nation
and humanity.

We recognise that:
In a resource‐constrained world where vast disparities remain, the Faculty must endeavour to
produce graduates who appreciate the importance of community engagement, entrepreneurial
endeavours and innovative actions in generating employment and development in our local
communities.
 Moot Court Society

Moot Court is a valuable exercise for the law students to hone both their written and oral advocacy
skills in this competitive field. It is a specialised application of the art of persuasive advocacy. It
has been a part of the process of the training lawyers for centuries and plays an important role in
legal education at ALS Gurgaon and id being organised by ‘Amity Law School Moot Court
Society”. The society has been fostering students:

(1) To engage with and think deeply about interesting and topical legal issues
(2) To enhance their advocacy, legal research and writing skills,
(3) To work closely with and learn from their peers.

All these qualities are required to be a successful legal practitioner. A number of internal Moot
Court competitions, debates and other activities are being conducted by the society to provide
training and skill development to the students.

The Moot Court Society comprises of faculty members and nominated students. The society
supervises and assists students in the research & oratory skills in order to achieve excellence and
experience in the legal arena. Students have represented ALS in numerous National/International
Moot Court competitions, bringing pride and honour to our institution.

Our Motto

“To create an army of competent and conscious lawyers who shall strive towards dispensation of
fair justice to one and all without fear and favour.”
 1st Amity National Moot Court Competition, 2016

The 1st Amity National Moot Court Competition saw thirty-six participating teams arguing on a
constitutional law related problem. The teams from NLIU Bhopal, USLLS Delhi, Amity Law
School Rajasthan and CNLU Patna made up to the semi-final rounds. Finally, the top two teams
NLIU Bhopal and USLLS Delhi put their best foot forward to claim the winning trophy and were
argued and judged before a dynamic panel of judges.

The winners received Rs. 30,000 as cash prize and SCC Online Platinum web edition. The runner
up team received Rs. 15,000 and a SCC online Platinum web edition. The winners of the best
Memorial, best Researcher and best Speaker award received trophy and SCC online Platinum web
edition.

Winner - National Law Institute University, Bhopal

Runner Up - University School of Law and Legal Studies, Dwarka

Best Memorial - Chanakya National Law University, Patna

Best Speaker - Prateek Singh Tomar (NLIU, Bhopal)

Best Researcher - Saumya Kapoor (Campus Law Centre, Faculty of Law, DU)
 2nd Amity National Moot Court Competition, 2017

This competition was yet another milestone in its stride towards academic and professional
excellence of Amity Law School, Gurgaon. Following the active participation of 36 teams in the
last competition, this year as well the counting continued for 38 selected teams battling out in this
competition to discuss and determine the standing of Constitutional Law related issues.

The competition was graced by the presence of Hon’ble Mr. Justice G.S. Shinghvi, Former Judge
Supreme Court of India, Shri Ramjethmalani, Senior Advocate Supreme Court of India, and Shri
Salman Khurshid, Senior Advocate Supreme Court of India.

The sponsors of the event were SCC Online, Mother Dairy and Legal Bites, it was their
contribution which helped us in making the event a grand success.

Winner - Symbiosis Law School, Pune

Runner Up - Rajiv Gandhi National University of Law, Patiala
Best Memorial - Chanakya National Law University, Patna
Best Speaker (Male) - Mr. Rohan Rahul Priyadarshi, Symbiosis Law School, Pune
Best Speaker ((Female) - Ms. Raina Bijay Mahapatra, Symbiosis Law School, Pune
Best Researcher - Ms. Khyati Lohan, Symbiosis Law School, Pune
 Moot Proposition

1. Indiana is a country located in the sub-continent of South Central Asia with a glorious and
rich heritage and where multifarious religious groups co-exist. There are 29 states and 7
union territories in which Najasthan is one of the states where Child Marriage is deeply
rooted and prevalent from time immemorial. According to a survey conducted by the
National Human Rights Commission, the highest number of Child Marriage take place in
the State of Najasthan and most of the Child Marriages involve girls from poor socio-
economic backgrounds. In the State, old customs are followed; children are married at a
very early age by the decision of their parents.
2. Rekha Choudhary, the daughter of Mr. Sameer Choudhary, a beautiful, fair-complexioned
girl, aged 15 years on 14th April 2016, was crowned Ms. Personality in the tenth standard of
her school, in Malwar District of Najasthan. After she completed her matriculation, her
parents were unable to send her to high school. They started finding a suitable boy for her
marriage. Rekha wanted to contemplate further and did not want to marry at that point of
time.
3. Mohit Jakhar, aged 18 years, son of Mr. Ranbir Jakhar an Industrialist, and high-profile
person, lived a very posh life. Mohit Jakhar had no interest in studying and he failed twice
in the Tenth Standard. Mr. Ranbir Jakhar was worried about his future and decided to get
his son married to a girl so that he could be a responsible person. He started looking for
bride for his son. On 15th April, 2017 when he was reading the matrimonial section of
newspaper found Rekha Choudhary, a beautiful teenage girl. He visited Rekha’s home with
the proposal of marriage. Mr. Sameer Choudhary readily accepted this proposal as Mohit
Jakhar belonged from an affluent family. They did not demand any dowry from Rekha’s
parents. However, Rekha scorned to marry despite of the promise made by Mr. Ranbir that
they will send her to school and allow her to pursue a career in the world of fashion.
4. By the consent of both the parents, the marriage was performed with pomp and show on
17th May 2017. After the marriage, Rekha received ill-treatment from her in-laws which
eventually lead to her isolation from the family and depression. She was not allowed to
attend high school nor could she pursue her career in the world of fashion. In addition, her
mother-in-law threatened her to give birth to a baby boy, within one year, or else Rekha
would be thrown out and she would then get her son remarried. After a month, Mohit
started to forcibly have sexual intercourse with her for which she wasn’t prepared and thus,
felt like a victim. She complained about the same to her parents, but her parents told to her
 that it is a part of married life. Not just this, Rekha also complained to the police, but no
case was registered by the police as they claimed that this case comes under the exception
of offence of Rape and proclaiming that Marital Rape is not an offence under the Indiana
Penal Code. After number of times of forcible sexual intercourse, Rekha became pregnant.
Rekha was not so physically and mentally mature to bear a child at that point of time but her
parents and in-laws forced her to bear the pregnancy.
5. Eventually, her mental and physical conditions started deteriorating. After 20 weeks of her
pregnancy, she felt unbearable pain in her abdomen. Watching Rekha in that condition,
Mohit took her to the SMS Hospital where she was treated by a registered medical
practitioner, who in her ultra-sonography discovered that there is a deformity in her fetus.
Also, the doctor opined that under the age of 18 years Rekha does not have the physical,
emotional or mental capacities to take an informed decision about engaging in sexual
intercourse. He then added that both the mother and the child may suffer from physical and
mental challenges due to this deformity. However, no action was taken by the in-laws and
her parents with regard to her deteriorating health. Considering the future of the child and
the quality of her life, Rekha secretly met with Ms. Meera, Member, National Commission
for Women. She narrated her entire story to the NCW and they decided to terminate her
pregnancy. She visited the SMS Hospital to terminate her pregnancy. However, she was
denied permission to abort the child by the doctor on the ground that her pregnancy has
crossed 20 weeks of permitted period for abortion as per Medical Termination of Pregnancy
Act, 1971(hereinafter referred as MTPA, 1971). She decided to take legal recourse.
6. Aggrieved by the decision of the Doctor and as last resort of hope she approached the
Najasthan High Court on 12th January, 2018 seeking permission for abortion beyond the
permitted 20 weeks. The Najasthan High Court refused to grant permission to terminate the
pregnancy based on the provisions of MTPA, 1971. The Court, while denying permission
for abortion, had also taken into consideration the report of a panel of doctors submitted to
the court stating the fact that there is no physical risk to Rekha in continuation of her
pregnancy. However, the same panel of doctors also confirmed in the report that due to the
deformity, the child could be mentally as well as physically challenged. In spite of her
repeated pleas, the Doctor was unwilling to perform an abortion without a judicial direction.
7. At the time of the decision of the High Court she was 28 weeks into her pregnancy. The
National Commission of Women filed a writ petition against the decision of the High Court
on the same day in the Supreme Court regarding the constitutional validity of the MTPA,
1971. The Hon’ble Supreme Court issued the direction to the Central Government to amend
 the MTPA, 1971. After following the directions of Supreme Court, The Medical
Termination of Pregnancy (Amendment) Act, 2017 was passed and provided that now
pregnancy can be terminated up to 24 weeks.
8. On 15th Feb, 2018, Rekha gave birth to her premature girl child and her in-laws were not
happy with the sex of the offspring. . Due to lack of support and understanding from her
families and society, she became physically and mentally weak as a result of which she
began losing her will to live. After few weeks of giving birth to her child, Rekha died on
25th Feb, 2017. This matter was raised at a very large scale by the National Commission of
Women and huge protests took place in the country. A number of NGOs in concert started
objecting the provisions of the Law related to the termination of pregnancy and child
marriages happening in the State of Najasthan. After this, a report was prepared by the
NCW on the basis of Census in which it was found that 19% of girls got married between
the age of 10-17 years and 43.6 % of boys between 18-20 years – which projected that
about 1/3 of the marriages in rural areas involve a girl child below the age of 18 years. This
report was published and broadcasted and a huge hue and cry was raised by different
sections of the society.
9. On behalf of the published report, the NCW filed a PIL on the ground that the provision of
the MTPA, 1971 is unconstitutional and violative of Article 21 which imposes a statutory
bar for termination of pregnancy beyond a 24-week period and demanded an amendment of
Section 3 of the MTPA, 1971. It was proposed that the said section should provide that
“time period of pregnancy shall not apply” in a decision to abort a fetus diagnosed with
“substantial fetal abnormalities as may be prescribed”. The NCW also contended that the
sexual intercourse without the wife’s consent is also rape under section 376 and violation of
Article 14, 15 and 21 of the Constitution of Indiana.
10. The National Commission for Protection of Child (hereinafter mentioned as NCPC) filed a
PIL on the grounds that The Prohibition of Child marriage Act, 2006 makes child marriage
only voidable at the girl’s instance after she attains majority but it should be illegal in the
Country. The NCPC also challenged the Exception 2 to Section 375 (rape) of the Indian
Penal Code, which permits “intrusive sexual intercourse with a girl child aged between 15
and 18 only on the ground that she is married which is discriminatory and thus, violates Art.
21 of Constitution i.e. right to life, personal liberty and equality.

The matter being of Public Interest and national importance, the Hon’ble Supreme Court of
Indiana granted leave and admitted the matters and considering the larger question raised by the
petitioners, Chief Justice of the Supreme Court of Indiana has posted them before a Constitutional
Bench after clubbing both the PILs. Hence, the matter is now posted before a Constitutional Bench
for final disposal on 9th March, 2018.

Notes:

1. Any attempt to contact the Author in relation to the Moot Proposition shall lead to the
disqualification of the Team.

2. The laws, case laws and Constitutional provisions of Indiana are analogous to the ones in India
in the year 2018.

3. The Proposition is neither intended to nor does it attempt to resemble any incident or any person,
living or dead. Any such resemblance is purely coincidental. The Proposition is a fictitious factual
account prepared for the purposes of the present Competition only and it does not attempt to
influence or predict the outcome of any matter whatsoever.

4. Petitions to be drafted on behalf of both the Petitioner and the Respondent, and oral arguments to
be limited and based on the above information.

5. The Medical Termination of Pregnancy (Amendment) Act 2017 is pari materia to the Medical
Termination of Pregnancy (Amendment) Bill, 2014 which is still pending in the parliament of India

Relevant Laws:

1. The Constitution of India,1950

2. The Medical Termination of Pregnancy Act,1971
3. The Prevention of the Child Marriage Act,2006
4. The Indian Penal Code,1860
5. The Medical Termination of Pregnancy (Amendment) Bill,2014
6. Other Laws

For any further information email us at alshmoot2016@gmail.com or Contact:

 Ms. Abhilasha Yadav - +91 81306 69436

 Ms. Shivani Gangotra - +91 99716 49937
 Mr. Lakshay Anand - +91 84475 55305
 Members of the Moot Court Committee

Chairman
Maj. Gen. P. K. Sharma (Retd.)

Director, Amity Law School, Gurgaon

Faculty Convener
Mr. Pranshul Pathak

Coordinator, ALS

Moot Court Coordinator

 Mr. Bineesh Kumar

Asst. Professor, ALS

 Ms. Nidhi Sharma

Asst. Professor, ALS

Student Convener
Mr. Mayank Shekhar

Student Co-convener
Mr. Lakshay Anand

Members
Mr. Nihal Rao Ms. Shivani Gangotra

Ms. AbhilashaYadav Ms. Priya Kotwani

Mr. Deepanshu Rao Mr. Alamjit Singh

Ms. Shivani Suhag Mr. Himanshu Saini