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UCC MOOT PREPOSITION, Assignments of Mock Trial and Moot Court

THIS IS THE MOOT PREPOSITION ABOUT UCC AND LGBTQ

Typology: Assignments

2022/2023

Uploaded on 07/05/2023

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Fact 1
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
2003. Unfortunately in 2013 Akhil Khan drove Nazma Islam out of the matrimonial house
without any reason. In April, 2016 Nazma Islam file a petition against Akhil Khan under Section
125 of Criminal Procedure Code. In December, 2016 Akhil Khan divorced Nazma Islam by an
inrevocable talaq, took up his defence that Nazma Islam has ceased to be his wife, and therefore,
claimed there was no obligation on him to give her maintenance in January, 2017 Chief Judicial
Magistrate directed Akhil Khan to pay 8000 rupees per month for maintenance. By the help of
Ngo "JAN SUDHAR" Nazma Islam Filed Writ Petition in the High Court of Dholakpur and Ngo
claimed Uniform Civil Code should be applicable. In this case High Court directed the
parliament that Uniform Civil Code need to be drafted and implemented. At that time the Ngo
"Jan Sudhar" filed another petition in the High Court of Dholakpur "Whether a Hindu husband,
married under Hindu law, by embracing Islam can solemnize second marriage, whether Ranvir
Singhaniya@ Iklakh ahmadis liable for Bigamy. In this case women Sunita Mehra was married
to Ranvir Singhaniya@ Iklakh ahmadon 6th February 2009 A daughter was bom from the
wedlock In 2014 Sunita Mehra came to know that her husband solemnized a second marriage
with Nureen Saeed after conversion of his religion from Hindu to Muslim and changed his name
to Iklakh ahmadthis matter was clubbed with earlier petition filed by the Ngo "Jan Sudhar". In
this case the high court held that Iklakh ahmad@ Ranvir Singhaniyahaving been previously
married under Hindu Law and his second maniage with Nureen Saeed by embracing Islam was
void.
The another incident came into light regarding Surrogacy which was also related to the
implementation of Uniform Civil Code in this Maddy and Koro a homosexual couple had been
in a live-in-relationship since 2005. They being desirous of starting a family, in year 2013 they
identified an agency which offered surrogacy to homosexual couple for high fees. they signed an
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Fact 1

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

  1. Unfortunately in 2013 Akhil Khan drove Nazma Islam out of the matrimonial house without any reason. In April, 2016 Nazma Islam file a petition against Akhil Khan under Section 125 of Criminal Procedure Code. In December, 2016 Akhil Khan divorced Nazma Islam by an inrevocable talaq, took up his defence that Nazma Islam has ceased to be his wife, and therefore, claimed there was no obligation on him to give her maintenance in January, 2017 Chief Judicial Magistrate directed Akhil Khan to pay 8000 rupees per month for maintenance. By the help of Ngo "JAN SUDHAR" Nazma Islam Filed Writ Petition in the High Court of Dholakpur and Ngo claimed Uniform Civil Code should be applicable. In this case High Court directed the parliament that Uniform Civil Code need to be drafted and implemented. At that time the Ngo "Jan Sudhar" filed another petition in the High Court of Dholakpur "Whether a Hindu husband, married under Hindu law, by embracing Islam can solemnize second marriage, whether Ranvir Singhaniya@ Iklakh ahmadis liable for Bigamy. In this case women Sunita Mehra was married to Ranvir Singhaniya@ Iklakh ahmadon 6th February 2009 A daughter was bom from the wedlock In 2014 Sunita Mehra came to know that her husband solemnized a second marriage with Nureen Saeed after conversion of his religion from Hindu to Muslim and changed his name to Iklakh ahmadthis matter was clubbed with earlier petition filed by the Ngo "Jan Sudhar". In this case the high court held that Iklakh ahmad@ Ranvir Singhaniyahaving been previously married under Hindu Law and his second maniage with Nureen Saeed by embracing Islam was void. The another incident came into light regarding Surrogacy which was also related to the implementation of Uniform Civil Code in this Maddy and Koro a homosexual couple had been in a live-in-relationship since 2005. They being desirous of starting a family, in year 2013 they identified an agency which offered surrogacy to homosexual couple for high fees. they signed an

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

  1. All Industan Muslim personal law board filed a special leave to appeal petition clamming that the direction given by the high court for drafting of uniform civil code is violating the secularism which is a part of basic structure of the constitution included article 25 and 26. Both the Special Leave Petition were admitted and conclude together

Issue Raised

  1. Whether the Section 377 of Industan Penal Code is valid in this reference or not?
  2. Whether Surrogacy Act 2016 is constitutionally valid or not?
  3. Whether Uniform Civil Code breach the Secularism which is a part of the basic structure of the constitution included Article 25 and Article 26?