2nd INTRA-MOOT COURT COMPETITION-2021

17th-18th December 2021

Host & Organizer

Moot Court & Debating Society
Faculty of Law, Integral University

Venue
Faculty of Law, Integral University
Kursi Road, Lucknow– 226026
Uttar Pradesh
Email: mootcourtsocietyiul@gmail.com

Faculty Coordinator: Ms. Shipra Mishra Student Members:

Student Coordinators’: BMI Yusra Khanam
Mohd. Sufiyan Khan (7844930987) Aliza Abdin (7523922308)
Ahmad Amaan (8707220991) Kriti Jain (6388685088)
 MOOT PROPOSITION

1. The Sovereign Republic of Bharatyanam is located in the Southern Tip of Jasia

Continent. It is one of the ancient nations in the world. Till 1947, Republic of
Bharatyanam was a British colony for about 150 years. It achieved independence in
1947. The Sovereign Republic of Bharatyanam is a Democratic country with a written
Constitution. It has 29 States and 8 Union Territories. The Constitution has adopted
Parliamentary system wherein President is the executive Head of the Government.
The country has diversified religion with Sanatan Dharma, Islamism, Christendom
Buddhistic, Jain Dharma and Sikhism as the major religions followed by the people,
characterized by a diversity of religious beliefs and practices, dressing, cultural
outlook, food-habits, etc. The Majority population of 75% of the Republic of
Bharatyanam is Sanatan Dharma. Around 24% of the population are from the faith of
Islamism, Christendom and Jain Dharma.
2. The Constitution of Republic of Bharatyanam declares various rights as Fundamental
Rights under Part-III of the Constitution such as the right to freedom of religion,
freedom to carry on any trade, profession and business, right to life and personal
Liberty etc. The Country has Bharatyanam Penal Code, 1860 to ensure the
maintenance of law and order in the Republic of Bharatyanam, which deals with
various offences prescribing the punishments for the same, apart from other laws of
the nation.
3. Republic of Bharatyanam is the most ethnically and religiously diverse country in the
world and its history is dotted with numerous religious conflicts and riots. The danger
of communal conflicts is ever-present and unlikely to wane anytime. The diverse and
often diametrically opposed religious practices often become the point of clashes
among various communities.
4. In October 2019 certain newspapers published a report about Love-War which is an
activity of certain organizations under which young Christendom men and boys in the
state target young girls belonging to non-Christendom communities for conversion to
Christendom by feigning love. The news report stated that there have been 1,000-
2,000 conversions in the past four years having the nature of Love-War in the
Republic of Bharatyanam.
5. Jurisprudence from High Courts across the nation has said that conversion is not a
casual matter. In 2014, the High Court of Wonder Pradesh stated in a judgment that if
conversion “is resorted to merely with the object of creating a ground for some claim
of right” it would be “a fraud upon the law.” In the case of Lily Thomas v. Union of
Bharatyanam (2000), the Apex Court nulled the marriage on the basis that if someone
“feigns to have adopted another religion just for some worldly gain or benefit” it was
“religious bigotry.”
6. State of Wonder Pradesh is one of the largest State of Republic of Bharatyanam and it
has the largest representation of the ruling government in the Bharatyanam
Parliament. State of Wonder Pradesh has often been in news because of its
controversies like cow vigilantes, Anti-Romeo squad, slogans like ‘Go to Puristan’,
and other Sanatan Dharma religious organisations.
7. The Wonder Pradesh Prohibition of Unlawful Religious Conversion Ordinance, 2020,
unofficially referred to as the ‘Love Jihad Law’ by most of the media houses, is a law
enacted by the State Government of Wonder Pradesh. The Wonder Pradesh State
Cabinet cleared the ordinance on 20th November, 2020 following which it was
approved and signed by State Governor on 24th November, 2020.
8. The Wonder Pradesh ordinance makes conversion non-bailable with up to 10 years of
imprisonment time if undertaken through misinformation, unlawfully, forcefully,
allurement or other allegedly fraudulent means and requires that religious conversions
for marriage in Wonder Pradesh to be approved by a district magistrate. The law also
encompasses strict action for mass conversion, including cancellation of registration
of social organization involve in mass religious conversion.
9. There has been much furore over the Wonder Pradesh Prohibition of Unlawful
Conversion of Religion Ordinance, 2020. Most of it has been around the law being a
violation of an individual’s right to marry a person of one’s choice and being
restrictive of the fundamental right to life, autonomy and privacy. It is also argued by
members of civil societies that this ordinance, which is nothing less than a draconian
law, is a serious violation of the right to equality based on religion.
10. In December 2020, Karishma and Bosco Patterson, a young couple residing in the
Nawabnow, the capital of Wonder Pradesh, expressed their willingness to marry each other.
Karishma was a Jain by religion and Bosco Patterson belonged to a family practising
Christendom faith. Belonging to different religions, they wished to be wed under the Special
Marriage Act, 1956. This marriage was severely objected to by Karishma’s family who did
 not approve of interfaith marriages. On the other hand, Bosco’s family begrudgingly accepted
their marriage. Karishma decided to convert to Christendom, out of her love and respect for
Bosco’s family and faith and hoping that his family would be more willing to accept their
marriage if she undertakes such a gesture. However, it was decided that Karishma’s
conversion would be kept to be as a secret from her parents.
11. The marriage occurred on 14th February, 2021. After the marriage the couple shifted into a
separate apartment of their own in Prayagbad where they happily resided for 3 months. On
15th May, they decided to visit Bosco’s home in Nawabnow. Upon their arrival, they were
greeted warmly by his family.
12. Cases of Corona were steadily rising within the State and on 15th May a two week lockdown
was announced in the State. In the midst of this, Karishma’s younger brother fell down from
stairs and was put to bed-rest Karishma strongly wished to visit him several times but Bosco’s
family did not allow her to go during due to limited transportation options and on an
apprehension, that Karishma may contract Covid-19 while travelling in such a risky situation.
Karishma had requested many times to Bosco and her in-laws to allow her to meet her brother
but they did not permit her to leave. Karishma started feeling like a prisoner in the house of
her own in-laws.
13. Being frustrated, after 2 months, Karishma called up her parents and asked them to pick her
up. Her family became extremely angry on hearing the circumstances. Upon knowing about
the details of their marriage and the conversion, they suspected that Bosco and his family had
forced Karishma to convert into a different religion and were now forcefully restraining her
against her will. They viewed it as a one of the cases of ‘Love-Jihad’ that had been so
extensively reported in the state recently. Thus, her family immediately went and filed an FIR
in Polychromatic Police Station against Bosco and his family under Section 498A and 340 of
BPC as well as under the Wonder Pradesh Anti-Conversion Act. Information was sent to
Bairagi Police Station situated near the residence of Bosco’s family, and soon, his family
members were arrested on 20th July, 2021.
14. The Magistrate denied bail to Bosco’s family and issued a non-bailable warrant against Bosco
under section 498A. Bosco and his family preferred a Special Leave Petition (SLP) before the
Supreme Court and also filed a Writ Petition challenging the validity of Wonder Pradesh
Prohibition of Unlawful Conversion of Religion Act, 2020.
15. Considering the substantial questions of law relating to interpretations of the Constitution,
both the petitions are scheduled for hearing before a Constitution Bench of the Supreme
Court. The SLP is at the admission stage.
(Laws of Republic of Bharatyanam are pari materia to the Laws of Republic of India) (The Wonder
Pradesh Anti-Conversion Act is pari materia to Uttar Pradesh Prohibition of Unlawful Religious
Conversion Act, 2020).

Note: All names, characters, events, persons, entities, etc., referred above are fictional in
nature and any resemblance with any person living or dead is purely coincidental. The Moot
Court & Debating Society, IUL holds the copyright of the same and any unauthorised use
may invite legal consequences.