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 2017
 September
 MOOT: SHRI M.P. GOVINDAN NAMBIAR MEMORIAL ALL INDIA WOMEN MOOT COURT
COMPETITION 2017 @ DR. AMBEDKAR GOVERNMENT LAW COLLEGE, PUDUCHERRY
MOOTS

MOOT: SHRI M.P. GOVINDAN

NAMBIAR MEMORIAL ALL
INDIA WOMEN MOOT COURT
COMPETITION 2017 @ DR.
AMBEDKAR GOVERNMENT
LAW COLLEGE, PUDUCHERRY
SEPTEMBER 1, 2017
 0

Advocate Sri M.P. Govindan Nambiar Memorial National Women Moot Court
Competition Organized by Dr. Ambedkar Government Law College,
Puducherry In Association With Advocate Sri M.P. Govindan Nambiar
Foundation

Rules and Regulation governing the competition:

• Date and Venue:
6th to 8th October 2017
Dr. Ambedkar Govt. Law College,
Mathur Road, Kalapet,
Puducherry-605014.
• Eligibility:
Participation is restricted to bonafide women undergraduate students of 5
years / 3 years LL.B. programme of any University/College/Institution
recognized by the Bar Council of India.
• Language:
The official language for the Moot Court is English.

• Team Composition:
Each institution participating in the competition shall send a team consisting
of two Women speakers and one Women researcher. In any case, the team
shall not consist of more than 3 participants. Organizer will not be
responsible for any travelling expenses.
Each team will have a team code and each participant will be given an
individual code. Team shall not disclose their identity or that of their
institution or city etc. Such disclosures will invite penalties including
disqualification. The decision in this regard shall be at the discretion of the
Moot committee.

 Registration:
1. Each team that desires to participate in the competition shall
confirm its participation at the latest by 22nd September 2017 by E-
MAIL: aglcwomenmoot@gmail.com. The participating team must
submit their hard copy of Registration Form along with DD and travel
form on or before 25th September 2017. The Registration Form should
be sent by post to The Principal, Dr.Ambedkar Govt. Law
College,MathurRoad, Kalapet, Pondicherry – 605014.
2. No change of participants shall be entertained thereafter except at the
sole discretion of the Moot committee. Registration fee of Rs. 1500/-
per team for participation is payable by way of DD drawn in favor of
“The Principal, Dr.Ambedkar Govt. Law College” Payable at
Pondicherry.

Memorials/ Written submissions:

1. All the teams are required to submit Memorials/Written submissions for
both the petitioner and the respondent.
2. SOFT COPIES OF THE MEMORIAL SHALL BE MAILED TO
aglcwomenmoot@gmail.com
ON OR BEFORE 5th October, 2017 IN BOTH MS WORD AND PDF FORMATS.
3. Each team shall submit 4(four) hard copies of memorials, each for the
Appellant and Respondent. Names of the participants or their institutions or
any kind of identification mark should not appear on any part of the
Memorials.
4. Four copies of the memorials shall be submitted during the desk
registration at 1 pm on 6th October 2017 at Town Centre of Dr. Ambedkar
Govt. Law College (Old College Building) Lal Bhadur Shastri Street,
Pondicherry-605001. (Land mark – PWD Head Office). A covering letter must
be enclosed with the memorial (hard copy) specifying the name of the
college/university of the participating team.
5. Participants are advised to carry extra copies of their Memorials for their
own use. The copies submitted to the organizer would be for the use of
evaluation of memorial and for the use of judges of the competitions and will
not be returned to the participants.
6. After the completion of the competition, the organizers shall reserve the
right to use the memorials submitted by the participating teams, as they
may deem appropriate.
7. Teams will not be permitted to raise arguments other than those present
in the memorial.
8. i) The memorials should not exceed 25 typed pages (excluding front and
back cover page)
ii) The font and size of the text of all part of the memorial must be in New
Times Roman and 12 point with 1.5 line spacing. Footnote with font size of
10.
iii) The memorial must contain the following
a. Table of contents
b. Table of authorities
c. Statement of jurisdiction
d. Statement of facts
e. Statement of Issues
f. Summary of arguments
g. Written pleading
h. Prayer
Note: Memorial should be bound in spiral binding form. The cover page of the
Memorial shall be BLUE for Appellant side and RED for respondent. Each
Memorial will be evaluated for 10 marks for each side and the Team
memorial marks will be the aggregate of both the sides (i.e. 20 marks).
Memorials will be judged by a special panel of judges.

Evaluation:
The competing Teams will be adjudged on the basis of the following
evaluation criteria, for a total of 100 marks (break- up of marks indicated
below).
b) Memorials will be judged by a special panel of judges.
c) The following will be the Evaluating Criteria and the marks will be
allocated to each category as under.
1. Knowledge of fact – 10 Marks
2. Factual Analysis – 10 Marks
3. Knowledge of law – 10 Marks
4. Use of authority and citation – 10 Marks
5. Skill of Advocacy – 10 Marks
6. Language& Style – 10 Marks
7. Clarity, brevity, ingenuity, responsiveness to questions – 10 Marks
8. Court manners – 10 Marks
9. Memorials – 20 Marks
TOTAL – 100 Marks

Awards and Cash Prizes:

Awards and prizes for the moot court competition are as follows:
I. Winners of the moot court competition will be awarded a cash prize of
Rs.15,000/- trophies and Certificate of Merit
II. The Runners up team will be awarded a cash prize of Rs.10,000/- trophies
and Certificate of Merit .
III. A cash award of Rs.5000/- trophy and Certificate of Merit for Best student
Advocate.
IV. There will be a cash prize of Rs.6,000/- trophy and Certificate of Merit for
the Best Memorial chosen among the memorials submitted.
V. Each participant in the moot court competition will be awarded a
certificate of participation.

Contact:

Faculty Coordinators :
Dr. N. Ravi
Associate Professor
Contact No: 9790346566
Mr. Rupam Lal Howlader
Assistant Professor
Contact No: 9432128855
Ms. Anita Yadav
Assistant Professor
Contact No: 7905644026
Dr. S. Shymol
Assistant Professor
Contact No: 09994679047

Student Coordinators:
1. Mr. Kannadhassan
Contact No: 7397144468
2. Ms. B. Vinodhini
Contact No: 8344074800

MOOT PROBLEM

Mr. Rachel and Mrs. Kambali, citizens of Indicana, got married in the year
2005. They shifted to the United States of America after one year of their
marriage and started working there. After 10 years of their marriage, it was
discovered that Mrs. Kambali cannot bear a child due to certain health
issues. In order to have their own biological child, both Mr. Rachel and Mrs.
Kambali decided to have a child through surrogacy. For that purpose, they
travelled to Indicana in the year 2016. With a population of more than 1.2
billion people, Indicana is one of the most favoured destinations for a
number of couples from all around the world, who are looking for surrogate
mothers. The main reason for Indicana becoming a popular destination for
surrogacy is due to the low price
and also the absence of legal provisions to regulate surrogacy. In the year
2002 the Government of Indicana legalized commercial surrogacy, which
opened the flood gates for various surrogacy clinics in Indicana and also
attracted many childless couples to opt for Indicana to have their surrogate
child. After arriving at Indicana, Mr. Rachel and Mrs. Kambali identified an
agency called “Smiling Child” in the city of Delta, Indicana’s capital territory,
which offers and helps to identify and arrange willing surrogate mothers for
childless couples. Through “Smiling Child” agency, they entered into an
agreement with Mrs. Alfia, who was willing to become a surrogate mother for
Mr. Rachel and Mrs. Kambali on certain terms. Mrs. Alfia is a married woman
of 30 years. She is working as a domestic worker in Delta and her husband is
an auto driver in the same city. Consequently, in the year of 2016 through
IVF (In Vitro Fertilization) process Mrs. Alfia got pregnant. During this phase,
Mrs. Alfia had to be hospitalized a number of times due to the hormonal
imbalance caused because of the IVF process. In her second
ultrasonography, after 20 weeks of pregnancy, doctors had discovered about
deformity in the foetus.

It was informed to her and to the commissioning parents that the child may
suffer from physical and mental challenges due to this deformity.
Considering the child’s future and quality of life , the commissioning parents
decided not to take such a child. After that Mr. Rachel and Mrs. Kambali both
left to USA for their work.

Therefore, having left with no choice except abortion, Mrs. Alfia decided to
terminate her pregnancy. She visited “ABC” 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 according to Prohibition of Abortion Act, 1971. She
decided to take legal recourse. She approached the Delta High Court for
seeking permission for abortion beyond the permitted 20 weeks. The Delta
High Court refused to grant permission to terminate the pregnancy based on
the provisions of Prohibition of Abortion Act, 1971 and the fundamental right
to life of the foetus under Article 21 of the Indian Constitution.

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 Mrs. Alfia 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. Meanwhile, one night, Mrs. Alfa’s husband tried to have sexual
intercourse with her. Despite her refusal to consent for intercourse, on
account of her physical and mental weakness, he forcefully had intercourse
with her. Aggrevied by this, she preferred a complaint to the local police
alleging rape against
her husband. The police refused to register the complaint, citing Exception 2
to Section 376 of Indian Penal Code (hereinafter referred to as IPC) which
expressly excludes marital rape from the ambit of S.376. Mrs. Alfa
approached the Indicana Supreme Court challenging the legality and
correctness of the order passed by the Delta High Court. She also challenged
the constitutional validity of the relevant provision of Prohibition of Abortion
Act, 1971 which imposes a statutory bar for termination of pregnancy
beyond a 20 week period . She filed another writ petition under Art.32 of
Indicana Constitution challenging the constitutionality of Exception 2 of
S.376 of IPC.
The Supreme Court granted leave and admitted both the matters and taking
into account the larger question raised by the petitioner, requested the Chief
Justice of the Supreme Court of Indian to post it before a Constitutional
Bench . Hence, the matter is now posted before a Constitutional Bench for
final disposal.
For the purpose of this moot problem –
1. The Constitution of Indicana adopts the Constitution of India verbatim and
all the provisions of the Constitution of India are incorporated as the
provisions of Indicana Constitution.
2. The powers and the jurisdiction of the Indicana Supreme Court are the
same as the powers and the jurisdiction of the Supreme Court of India.
3. The provisions of Prohibition of Abortion Act, 1971 are same as that of the
Medical Termination of Pregnancy Act, 1971 passed by the Indian
Legislature.
4. The rest of the laws of Indicana, including Penal and Procedural laws are in
parimateria with the laws of the Republic of India, Indian penal Code,
Criminal Procedure Code, Indian Evidence Act.