1.

The Republic of Konoha, is a developing country with 35 percent of its population

falling within age group of 16 to 18. The republic is known for its democratic set-up

and judicial activism across the globe. The country has made remarkable progress in

the field of public policies and administration. The country was also known for its

conservative and traditional based approach.

2. Konoha has the youngest population worldwide, which makes both the central and State

governments heavily responsible for their healthy and safe growth. To protect

youngsters from obscenity, the Konoha parliament passed an Act in 2019 (refer to

Annexure-I) that banned all forms of pornographic and obscene material.

3. The School of Uchihas, was the one of the best schools of the country, known for its

principled and quality education for their children and focus on academic and

extracurricular activities, where the students are very often send to national and

international competitions. Tipendra Gada & Sonali Bhide, the promising students of

Class 10th, were known for their best academic records and won several national

exhibitions & were neighbours.

4. Both of them were working really hard for making their junior college application look

more suitable by performing well in academic and extra-curricular sphere. Mrs. Z, a

29-year old woman, was their biology teacher, who believed that youngsters of Konoha

should learn to respect the bodily and individual autonomy of both genders and should

endeavourto mutually exist with each other.

5. She was loved by every student of the school and was known for her best and practical

teaching skills. She had her apprehensions regarding limited sex education in the

society and conservative approach to it. In order to make her students understand human

reproduction and provide safe sex education & answer all their questions, she brought
 plastic models of humans, diagrams and video graphic material containing active

human reproduction and explained all about human reproduction and sex education.

6. The Principal being briefed of the incident by other teachers immediately called the

police, who arrested her for showing pornography. She was charged under Section 3 of

Prohibition of Pornography Act, 2019 (Annexure I) for showing indecent & obscene

material in the classroom. Aggrieved by this, she filed a Writ Petition before the

Supreme Court challenging the constitutional validity of The Act, as it is in violation of

the Fundamental rights of the Citizens and is arbitrary under Art. 14, 19 & 21. The

matter is still pending in the Apex Court.

7. The students of the class were in utter shock and dismay on the arrest of their beloved

teacher especially Tipendra & Sonali, but as time moved on everyone developed

resilience & moved on. Both the students were doing extremely well in their studies

and belonged to same stream in Class 11th (Science stream), the teachers selected both

of them to represent the School in the Prestigious Vandal National Debate Competition,

2019 as a team. As winning the competition would make a huge impact on their junior

college application, they started working hard together.

8. For the purpose of preparations both of them took the advantage of being neighbours

and started working together at their homes after school hours. They started spending

long hours in private for the purpose of competition. The teachers and the parents were

really happy with their work and dedication and were looking forward for their winning

in this competition.

9. During meetings and preparation hours, both the students shared a lot and discovered

many things about each other. They also shared how shocking it is to see Mrs. Z in

prison and how disgraceful it is for the society to have this typical orthodox thinking

about sex education and were of same view about the individual autonomy in the sexual
 life of people and state has not right to interfere in it. Both of them eventually fell in

love but never expressed it to each other.

10. They went for the Vandal National Debate Competition commenced on 12th February

2025 , where Team Uchiha was in finals & they argued vehemently in support of the

final debate topic: ‘Sex education: A Taboo or Necessity For Konoha Teenagers’. Their

arguments were so strong that the judges of the competition were amazed and moved.

Moments later, Team Uchiha was lifting the Winners’ Cup.

11. Both of them were happy, and therefore Tipendra confessed his feelings to which

Sonali reciprocated and both of them promised to be each other’s for now and forever.

In a moment of vulnerability, they both went to a nearby temple and got married. the

They shared private moments with each other at the Competition and on coming back

to school informed their friends about their relationship. Everybody was happy about

their winning in the competition including their parents.

12. The school Principal medalled them for their success and congratulated them in the

Annual Day celebration a few weeks later. In the middle of the ceremony Sonali fainted

and collapsed on the floor. She was taken to a nearby hospital where after the medical

examination, the doctors declared her pregnant. On asking her about her pregnancy, she

confessed her feelings for Tipendra, her marriage and about having private moments

with him at the Competition.

13. Consequently, Sonali’s parents filed an F.I.R. against Tipendra alleging him for rape of

their minor daughter. The FIR was registered and Tipendra was charged of rape, as

Sonali was of 17 years and 2 months at that time. As Tipendra was also of 17 years, he

was sent before the Juvenile Home. Further, they moved an application before District

court to declare the marriage void as per the Prohibition of Child Marriage Act, 2006

(matter pending for hearing).

police, and after conducting the preliminary assessment of the Juvenile under section

15 of the Juvenile Justice (Care and Protection of Children Act) 2015, the board found

that Tipendra knowingly had had sexual intercourse with the minor girl and that he is

able to understand the consequences of his acts, therefore, the board sent him to

Children’s Court to try him as an adult.

15. The Children’s Court examined the evidences and the statements of Sonali, where she

explicitly expressed her feelings for Tipendra and affirmed and reaffirmed that she want

to live her life with him but refused to make any statement about the paternity of her

child , marriage & also pleaded to keep this child and not abort her child as her parents

were forcing her to do so. The Court on examination and collecting evidences found

that Tipendra is the father of the unborn child and convicted him for Rape of Minor girl

under section 376 IPC and for committing “penetrative sexual assault” under section 3

of Protection of Children from Sexual Offences Act, 2012.

16. Tipendra filed a writ petition before the Supreme Court challenging Sec. 15 of JJ Act

which provides for trying a juvenile as an adult as it is violative of his fundamental

rights and International Conventions, further challenging the relevant provisions of

Rape under IPC and POCSO. He further argued that the Juvenile Justice board has erred

in making a preliminary assessment and sending Tipendra in the Children’s Court and

he cannot be tried as an adult and cannot be made liable under section 376 IPC and

section 3 of POCSO. He also challenged the application before the district court arguing

that the marriage to be declared valid as per the Hindu marriage act and he wishes to

keep the child.

17. Meanwhile, a non- Governmental Organisation, Association for protection of rights of

adolescents also, filed a writ petition challenging the provisions under IPC, JJ Act &
 POCSO dealing with the age of consent of minor girls along with challenging the

constitutional validity of the Pornography Act. They argued that the present provisions

and amendments are violating the fundamental rights of teenagers to have consensual

sexual intercourse with each other. Since the consent has been made irrelevant, the

consensual intercourse between adolescents aged between 16-18 years has been

unreasonably and arbitrarily restricted and penalised and is grossly violating the

fundamental rights under Article 14, Article 19(1) (a) and Article 21 of the constitution.

Furthermore, they challenged the enhancement and increase in the punishment for rape

of girls below the age of 16 years as it is violative of fundamental rights of adolescents

below the age of 18 years. Moreover, they challenged the Constitutional Validity of the

Prohibition of Pornography Act, 2019 as it is violative of Article 14, 19 and 21 of the

Constitution of Konoha, citing that the act has a vague interpretation and arbitrary

punishment along with privacy concerns.

18. Subsequently, Hon’ble Supreme Court combined all three matters and all the petitions

are listed before the Apex Court for final hearing. Keeping in mind all the

aforementioned points and assuming that the court has jurisdiction, and any other

relevant points, prepare the arguments from both the sides.

19. Following issues were raised before the Court of law:

a. Whether the relevant provisions under the JJ Act dealing with trying a juvenile as

an adult and the relevant provisions under IPC & POCSO dealing with age of

consent and Punishment thereto and the Pornography Act are violative of

Fundamental rights or not?

b. Whether Juvenile Justice Board has erred in Sending Tipendra to Children’s Court

and can be held liable under section 376 IPC and section 3 of POCSO or not?
 c. Whether the marriage can be declared valid as per the Hindu law if they both wish

to remain married and birth the child?

ANNEXURES

ANNEXURE-I

PROHIBITION ON PORNOGRAPHY ACT, 2019

(XX of 2019)

[XX April 2019]

An Act to prohibit the production, circulation and consumption of pornography carried

out by means of electronic and non-electronic means. Furthermore, an act to remove the

immunity of Intermediaries granted through §79 of Information Technology Act, 2000.

Statement of Object and Reason: The law relating to obscenity in this country is codified

in § 292, 293 and 294 of the Konoha Penal Code, §3 & §4 of Indecent Representation of

Women (Prohibition) Act, 1986 & §67, 67-A & 67-B of Information Technology Act,

2000. In spite of these provisions,

1. There is a growing body of indecent representation of women or references to women in

publications, particularly advertisements, etc. which have the effect of denigrating women

and are derogatory to women.

young minds to commit heinous offenses.

3. 'Pornography addiction' in Konoha corrupts and pollutes Konoha's culture and values,

thereby becomes a ‘basis for unequal treatment of women’.

CHAPTER-I

1. Short-title, extent, commencement and application

1) This Act may be called Prohibition of Pornography Act, 2019.

2) It extends to the whole of Konoha.

3) It shall come into force on such date as the Central Government may, by notification in the

Official Gazette, appoint.

2. Definition of Pornography: Notwithstanding anything contained in laws for time being

in force, any virtual or any-other representation which contains sexually explicit acts,

representation of human genitals, indecent representation of women and children.

Representation can be in the form of both electronic and non-electronic.

Note: - Indecent Representation of Women refers to such representation wherein the

representation has the tendency to go against public morality or public morals and depict

women in a derogatory manner.

3. Punishment for production, possession and distribution of Pornographic Material

1) Notwithstanding anything contained in laws for time in force, production, possession and
distribution of any pornographic material is punishable up to 7 years of Imprisonment or

fine ₹1, 00,000 or both.

2) Distribution of pornographic material to children below the age of 18 is punishable up to

10 years of rigorous imprisonment or ₹2, 00,000 or both.

4. Punishment for non-disclosure of the offence

Whoever knowingly does not report regarding the production, possession and distribution

of pornographic material is liable to be punished up to 3 Years of Imprisonment or fine of

₹50,000 or both.

5. Reviewing Committee:

1) The purpose of reviewing committee is to examine the offender before sending them to

Court of Session. The review committee consists of:

a) Representative from Ministry of Women and Child Development. (Chairman)

b) Representative from National Commission for Women. (Member)

c) Eminent Child Rights Activist to be nominated by chairman after hearing the

consultation of other representatives. (Member)

d) Three retired judges of Supreme Court

2) The decision of review committee requires absolute majority to commit the offender to

Court of Session.