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    University Law College: XXV All India Moot Court Competition, 2021 Moot Proposition

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    Shreevardhini
    Zarina and Cersei converted to the Samahsutra religion, which permits same-sex marriage, and married each other in their university hostel. They advocated for their marriage on social media, inspiring many youth to also convert and marry within the same sex. In response, the President issued an Ordinance banning same-sex marriage and changing religions for marriage. Zarina and Cersei challenged this in court, questioning the validity of the Ordinance and asserting their rights to life, marriage, and religion. The key issues before the Supreme Court are the validity of the Ordinance and the extent of rights to marriage, religion, and freedom of expression.

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    University Law College: XXV All India Moot Court Competition, 2021 Moot Proposition

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    Shreevardhini
    132 views4 pages
    Zarina and Cersei converted to the Samahsutra religion, which permits same-sex marriage, and married each other in their university hostel. They advocated for their marriage on social media, inspiring many youth to also convert and marry within the same sex. In response, the President issued an Ordinance banning same-sex marriage and changing religions for marriage. Zarina and Cersei challenged this in court, questioning the validity of the Ordinance and asserting their rights to life, marriage, and religion. The key issues before the Supreme Court are the validity of the Ordinance and the extent of rights to marriage, religion, and freedom of expression.

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    Moot-Proposition-25aimcc

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    Zarina and Cersei converted to the Samahsutra religion, which permits same-sex marriage, and married each other in their university hostel. They advocated for their marriage on social media, inspiring many youth to also convert and marry within the same sex. In response, the President issued an Ordinance banning same-sex marriage and changing religions for marriage. Zarina and Cersei challenged this in court, questioning the validity of the Ordinance and asserting their rights to life, marriage, and religion. The key issues before the Supreme Court are the validity of the Ordinance and the extent of rights to marriage, religion, and freedom of expression.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    132 views4 pages

    University Law College: XXV All India Moot Court Competition, 2021 Moot Proposition

    Uploaded by

    Shreevardhini
    Zarina and Cersei converted to the Samahsutra religion, which permits same-sex marriage, and married each other in their university hostel. They advocated for their marriage on social media, inspiring many youth to also convert and marry within the same sex. In response, the President issued an Ordinance banning same-sex marriage and changing religions for marriage. Zarina and Cersei challenged this in court, questioning the validity of the Ordinance and asserting their rights to life, marriage, and religion. The key issues before the Supreme Court are the validity of the Ordinance and the extent of rights to marriage, religion, and freedom of expression.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    BANGALORE UNIVERSITY

    UNIVERSITY LAW COLLEGE


    JNANABHARATHI CAMPUS
    BANGALORE – 560056
    www.ulcbangalore.com

    XXV ALL INDIA MOOT COURT COMPETITION, 2021


    Moot Proposition

    1. Zarina and Cersei had successfully qualified in the ensuing ULAT exam and secured
    admission in United Law College, Tumbai, situated in the State of Mahakhanda of the
    country Jimland. That as providence had it, both of them had been allotted a common
    room in the girls’ hostel.

    2. That Zarina and Cersei proposed to follow tenets of Samahsutra religion which has
    existed from time immemorial, which professes, propagates, and practices sister and
    brotherhood amongst its members and also permits sacrifices and satisfaction of car-
    nal instincts amongst the same sex.

    3. The said religion follows left-hand path to god but has existed in every continent for
    ages and its members have been discreet and secretive akin to KKK.

    4. That both the girls converted themselves unto Samahsutra religion and proposed to
    follow its tenets which permitted marriage as well as sexual fortification amongst the
    same-sex and accordingly under the tutelage of rituals, customs, and rites of Samah-
    sutra, got married to each other and privy to a conducive relationship with each other.

    5. Both of them being students of law, proclaimed their love and subsequent marriage on
    social media citing the beginning of a new world order and calling other women/
    members of same-sex to join the order of Samahsutra religion. The said impetus of
    social media received appreciation at the hands of the young generation in the coun-
    try.

    6. Groups belonging to the former religious denomination of Zarina and Cersei advoc-
    ated that as per the tenets of their respective religion, same-sex marriage or any sexual
    act against the order of nature was immoral as no law as on date recognised same-sex
    marriage. The girls outraged by the statement given by the aforesaid groups gave a
    press release advocating the order of Samahsutra religion. The youth of the country
    being driven by the publications in the media started converting themselves unto
    Samahsutra religion and sought to have sexual relationship with persons belonging to
    the same-sex as well as solemnized marriage in the same order.

    7. That two men, one being Sangamitra and the other Justin, also joined the religion of
    Samahsutra, who were in love with each other well in time. After seeing the social
    media publication, both of them found a voice for their love at the hands of Zarina
    and Cersei and thereto got married to each other by following the rituals and customs
    of Samahsutra religion. They also gave declarations on social media calling the youth
    to join the new order and the new beginning for a better Jimland.

    8. The President of Jimland, taking into consideration the massive ongoing agitation in
    the country and also in order to create an embargo for his own daughter Anjali who
    wished to join the new order and marry her long standing girlfriend, Ms. Tahseen, is-
    sued an Ordinance1 following the inhabitants of majority and minority religion over-
    come by emotion and pressure. The Ordinance regulated the affairs of marriage
    amongst persons in the Jimland and categorically injuncted people converting into
    different religion for the sole purpose of marriage and further injuncted same-sex mar-
    riage by belittling the Uniform Marriage Act, 1955.

    9. That the Chief Minister of the States, along with their Home Ministers, ordered strin-
    gent action against any person practising, professing, and propagating Samahsutra re-
    ligion. In view of the directions given by the concerned, the police personnel attached
    to the States vehemently and indiscriminately arrested youths who were practising,
    professing, and propagating Samahsutra religion and also persons who indulged in
    same-sex marriage. The Ordinance also gave power to the police personnel to arrest
    any person on a presumption of doubt that he/she is likely to get married to the per-
    sons of same sex and to take them under their stride of Preventive Detention Act,
    1950.

    10. The Principal of United Law College, Mr. Lobo Augustus, rusticated both Zarina and
    Cersei.

    1
    Copy of the Ordinance is Annexure A.
    11. That so far as Sangamitra and Justin were concerned, both of them were detained by
    their respective religious groups. Zarina and Cersei moved a Writ Petition to the High
    Court of State of Mahakhanda under Article 226 of the Constitution of Jimland, which
    at the point of the preliminary hearing was dismissed for want of locus standi as there
    existed no law opposing same-sex marriage. Against this said backdrop, both of them
    preferred Special Leave Petition before the Hon’ble Supreme Court of Jimland and
    also sought an interim relief of gag order against the media and the Hon’ble Court
    was pleased to grant the relief as prayed. The respective religions representing Zarina
    and Cersei filed an intervenor application in the said matters resisting the petition. The
    Hon’ble Supreme Court taking into consideration it involves larger interest of society,
    admitted the same and posted for final hearing invoking applicability of Article 32,
    136, and 142 of the Constitution of Jimland.
    The issues before the Hon’ble Supreme Court that require adjudication are-

    1. Whether the Ordinance titled The Uniform Marriage Reforms (Amendment) Ordinance
    2021 is valid in the light of Article 14, 19, 21, and 25 of the Constitution of Jimland.2
    2. Whether Right to life includes the Right to get married to any person belonging to any
    religion or sex.
    3. Whether the Court of Laws is permitted to issue a restraining order against the press in
    the light of Article 19 of the Constitution.

    4. Whether there is any prohibition in any law for people to come together and practice,
    profess and propagate a new religion of their choice.

    2
    For the purpose of this proposition, the Constitution is pars quidem.

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