Moot Court Memo

GOVERNMENT LAW COLLEGE,CHENGELPATTU,STATE MOOT COMPETITION-
(2022-23)
BEFORE
THE HON’BLE SUPREME COURT OF BINDIA
PUBLIC INTEREST LITIGATION NO….. OF 2023
UNDER ARTICLE 32 OF THE CONSTITUTION OF BINIDIA
IN THE MATTER OF
ANIL AND ANKRUTA………………………………………………………………………………………………………….PETITIONER
VERSUS
NEELAM…………………………………………………………………………………………………………………………..RESPONDENT
NINDHYA……………………………………………………………………………………………………………………………PETITIONER
VERSUS
UNION OF INDIA……………………………………………………………………………………………………………..RESPONDENT
VIRUSH AND DHROOP……………………………………………………………………………………………………….PETITIONER
VERSUS
UNION OF INDIA……………………………………………………………………………………………………………..RESPONDENT
NEPENTHUS……………………………………………………………………………………………………………………….PETITIONER
VERSUS
UNION OF INDIA……………………………………………………...……………………………………………………..RESPONDENT
MEMORANDUM ON BEHALF OF THE PETITIONER

TABLE OF CONTENTS
TABLE OF ABBREVIATIONS
ABBREVIATIONS FULL FORM
SCC Supreme Court Cases
HCC High Court Cases
AIR All India Report
Hon’ble Honorable
INDEX OF AUTHORITIES
STATEMENT OF JURISDICTION
The petitioner in the present case has approached the hon’ble Supreme Court of Bindia to initiate
the present public interest litigation under Article 32 of the Constitution of Bindia . The
petitioner most humbly and respectfully submit to the jurisdiction of the hon’ble Supreme Court
in the present matter.
Article 32
Remedies for enforcement of rights conferred by this Part. —
(1) The right to move the Supreme Court by appropriate proceedings for the
enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or
writs, including writs in the nature of habeas corpus, mandamus, prohibition,
quo warranto and certiorari, whichever may be appropriate, for the
enforcement of any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by
clauses (1) and (2), Parliament may by law empower any other court to exercise
within the local limits of its jurisdiction all or any of the powers exercisable by
the Supreme Court under clause (2).

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for
by this Constitution.
STATEMENT OF FACTS
In the country of Bindia , the concept of surrogacy initiated nearly two decades ago. The
unethical business of surrogacy raised a demand for a law to regulate surrogacy practices in
Bindia and the so passed Surrogacy Regulation Act 2021 , though being a commendable step ,
equally has attracted criticisms upon the inefficiencies of its provisions. Nepenthes an NGO
concerned about the shortcomings of this act , which does not allow the surrogate mother to be
provided with any monetary aid , prohibits same-sex couples , live in couples from availing
surrogacy , specifies age criteria for the surrogate mother which invades their right to privacy. So
the NGO has approached the hon'ble Supreme court of Bindia filing a public interest litigation
challenging these provisions that are said to be violative of the basic structure of the Constitution
of Bindia.
Along with this case , three other similar surrogacy related petitions are to be heared in the
Hon'ble Supreme court of Bindia.
Anil(37) and Ankruta(29) , a live in couple wishing for a child made Neelam(33) a widow with a
son , beleive that they were married , paid 2 lakh and convinced her to be surrogate mother. After
the delivery the child was not handed over by Neelam and the couple filed a petition for the
custody of the child , in the Hon'ble high court of Mica.
Suraj() and Nindhya() a married couple , are declared to be infertile . As the procedures for
adoption are complicated they were hopeless. Suraj was arrested on April 2020 , was convicted
and is needed to undergo a prison term of 10 years. After which Nindhya applied for surrogacy
and her application was rejected on the grounds of ineligiblity of her husband as per Surrogacy
Regulation Act , 2021 and prison rules . Nindhya filed a petition in the Hon'ble high court of
Tina questioning the ban on their right to have a child through Surrogacy.
Viroosh and Dhroop , two gay men desires to have a child of their own , and to extend their
families . Since the Surrogacy Regulation Act 2021 doesn't have any provisions for them to have
a surrogate child , they approached the Hon'ble high court of Oria challenging the provisions
which only allows married couples of opposite sex to avail the option of surrogacy.
ISSUES FOR CONSIDERATION
ISSUE 1
Whether the Provisions of The Surrogacy (Regulation) Act, 2021 to the extent of
prohibiting commercial surrogacy and allowing altruistic surrogacy is
constitutionally valid?
ISSUE 2
Whether the Provisions of The Surrogacy (Regulation) Act, 2021 expands its
parameter in prohibiting unmarried couples, live-in couples and same-sex couples
from availing surrogacy is constitutionally valid?
ISSUE 3
Whether the age limit prescribed for men and women in the said Act reinforced the
patriarchal values by withering away the Laws of equality?
ISSUE 4
Whether the vaccum in The Surrogacy (Regulation) Act, 2021 had incapacitated and
deserted the rights of incarcerated person to have a child of their own?

SUMMARY OF ARGUEMENTS
ARGUEMENTS ADVANCED
PRAYERS FOR RELEIF

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GOVERNMENT LAW COLLEGE,CHENGELPATTU,STATE MOOT COMPETITION-

THE HON’BLE SUPREME COURT OF BINDIA

PUBLIC INTEREST LITIGATION NO….. OF 2023

UNDER ARTICLE 32 OF THE CONSTITUTION OF BINIDIA

ANIL AND ANKRUTA………………………………………………………………………………………………………….PETITIONER

VIRUSH AND DHROOP……………………………………………………………………………………………………….PETITIONER

MEMORANDUM ON BEHALF OF THE PETITIONER

ABBREVIATIONS FULL FORM

SCC Supreme Court Cases

HCC High Court Cases

AIR All India Report

Remedies for enforcement of rights conferred by this Part. —

enforcement of the rights conferred by this Part is guaranteed.

writs, including writs in the nature of habeas corpus, mandamus, prohibition,

quo warranto and certiorari, whichever may be appropriate, for the

enforcement of any of the rights conferred by this Part.

(3) Without prejudice to the powers conferred on the Supreme Court by

the Supreme Court under clause (2).

prohibiting commercial surrogacy and allowing altruistic surrogacy is

parameter in prohibiting unmarried couples, live-in couples and same-sex couples

from availing surrogacy is constitutionally valid?

patriarchal values by withering away the Laws of equality?

deserted the rights of incarcerated person to have a child of their own?

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