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THIS IS THE MOOT PREPOSITION ABOUT UCC AND LGBTQ
Typology: Assignments
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Industan is a secular country located in central Asia around 70% of indicant are Hindus, 20% of Muslims while 5% of Christians and remaining 5% follow other religion. The fundamental rights given in the constitution of Industanis the freedom of worship and religion and to outlaw discrimination on the ground of religion all religions are governed by personal laws and custom. In October, 1987 Akhil Khan married with Nazma Islam. Within few years Nazma Islam give birth two children. Akhil khan got married after 16 years to a young girl named Heena saikh in
agreement for conducting surrogacy in which Maddy being the genetic father of the child and the women being the genetic mother on 10 January 2016 both the parties singed a document for the rupees of ten lakhs in February, 2016 the women named Tammana Gosh, an illiterate women from a poor family was compelled into this commercial surrogacy on 25 November 2016 a baby boy was born to the surrogate mother an appreciation reward of about two lakh fifty thousand (2.50,000) given to Tammana Gosh. Later on Tammana Gosh refuse to give the custody of child and she also claim that she should decide whether she wanted to give the baby or not? About one month later on 14th December 2016 the Surrogacy Act, 2016 was passed by the Parliament seeking a ban on homosexual and living couple from opting for surrogacy and commercial surrogacy. Maddy file a petition in High Court of Janakpur for the custody of child, and constitutional validity of the Surrogacy Act, 2016 which violated the right to life of same sex couple. In this case the High Court held that homosexuality is an offence under section 377 of IPC. Surrogacy done by homosexual does not have any right over the child bom and commercial surrogacy should not be allowed. Maddyfiled a Special Appeal Petition on 17 February 2017 challenging the validity of section 377 of IPC and Surrogacy Act, 2016. Later on 17 February