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Aniket Giri (ADVOCATE)     23 January 2009

PLEASE HELP ME OUT........!!!

This is a moot court case……… Statement of Facts: - Sate Legislation of Gujarat enacted a piece of legislation namely “The Gujarat Panchayati Raj, 2001. U/S. 12 of which a person with more than 2 living children has been disqualified for election of panchayats of each level and resultantly debarring from holding the office in Panchayati Raj Institutions to popularize family welfare program & family planning program. Md. Hafiz a permanent inhabitant of Gujarat having 5 sons & 4 daughters living through a writ before the Gujarat High Court challenged the said Act inter-alia on the following grounds:- 1) That the provision of the said Act is arbitral and discriminatory and consistently violating of Article 14 of the constitution.(Art.14) 2) That the provision of the said Act adversely affects the liberty of leading personal life in all its freedom & having as many children as one pleases to have and therefore against the spirit of Article 21 of the constitution. 3) That the provision of the said Act interferes with the freedom of religion as it is the policy of Muslims that to have more children means more nearness to Allah and therefore against the preamble objectives of the secular state as well as is hampering the fundamental right to freedom of religion guaranteed in Article 25 of the constitution. Negativiting the contentions, the High Court opined that the problem of population explosion is a national and global issue which provides justification for priority in policy oriented legislation whenever needed and accordingly uphold the action of the state. Being aggrieved and dissatisfied the petitioner filled an appeal before the Supreme Court, the next date of which has been fixed on 2nd July, 2009 for hearing. Please give me suggestions, how to plead for this case on behalf of either the PLAITIFF/DEFENDANT………


Learning

 7 Replies

Kuljit Pal Singh (Legal Professional)     23 January 2009

Dear Friend,


Moot court is really very intresting and time consuming exercise.. u have to do research on the topic like any thing.


All we can do is to give u reference of the the law and factual points to argues.


If u got chance to argue on behalf of the plaintiff then u can relate Art 14 i.e (Equality before law)  to fight the elections and Art.21 i.e (Right to life) i.e to allow to enjoy your life. and Art. 25 to 30 with Preamble which provides the Rights in relation to Religion.


If you got chance to argue against the plaintiff then u can use the figures of population and family planning policies enacted since 1952 in the country to control the population etc.


hope this may be useful to u


regards

Naveen Kumar (Legal Administration & Marketing Executive)     23 January 2009

You have to plead case on behalf of plaintiff. This Act does not voilates any provision of the Constitution of India. Read carefully Art. 14(2), & Art. 25 of the Constitution. Also Muslim Law

kavi (lawyer)     23 January 2009

Dear friend


Please refer to Tamil nadu high court judgements and SC. i think there was a decided case regarding. I too try to find .As Mr. Naveen  said you read Art 14(2) and art 25 and also refer UN's policy regarding over population in developing nations

N.K.Assumi (Advocate)     24 January 2009

Dear Anikit giri,


                                   Topic of your moot Court is really interesting and relevant in the present day scenario. I will get back to you by tomorrow as I am engaged today.

N.K.Assumi (Advocate)     25 January 2009

Dear Aniket Giri,


                                     Please send me your e-mail address or your home address for my contributions for your moot court on behalf of the petitioner the appellant. My e-mail address is:-   assumiki@yahoo.com. It is for your own good that such matter are not posted in the forum but to be shared in private only as it is a moot court case. All the best.

N.K.Assumi (Advocate)     25 January 2009

Have you send your e-mail address or your address? 

N.K.Assumi (Advocate)     25 January 2009

Have you send your e-mail address or your address? 


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