MOOT PROBLEM-I
1. Uttam Pradesh is one of the prominent states of Sindia. It is rich in natural resources
due to large Gangetic plains created by holy river the Ganges. It has been very
politically active in the history of Sindia and it has given maximum number of Prime
Ministers to Sindia.
2. The natural resources have contributed to wellbeing of domiciles of Uttam Pradesh
and people here have been living peacefully since its inception. U.P. is also the
largest populous state of India. It has a good mix of Hindu and Muslim population.
3. Aucknow is the capital of Uttam Pradesh. Aucknow has a large mix of Hindu and
Muslim population who are living peacefully for a very long time. In Aucknow both
communities blend with each other and contribute to composite culture of India.
4. Madhu is sweet, middle class girl who studies in Undergraduate programme at a
prestigious college of Aucknow. Madhu loves poem and Urdu poetry & verses. She
likes to read Ghalib, Faiz, Mir etc.
5. She often pays visit to literary festivals and academic programmes. She is currently
17 years 11-month-old. She loves photography and a connoisseur of art and
literature. She aspires to be a full-time writer. She is doing her undergraduate in
Hindi and English literature.
6. Shamim is a charming, handsome boy who is 22 years old living in Zafarabad colony
of Aucknow. Shamim runs a motor garage and does the work of customized body
work of Bikes and Cars. He is very active in all social media platforms. He explores
the media platforms to make more friends especially girls.
7. He after having initial chats with girl on media platform fixes physical meeting and
goes for meeting. He is popular in his circle as a lover boy. He is promiscuous and
enjoys philandering.
8. He maintains his media profile on social media ‘Clubhouse’ as ‘Madhav’ and make
podcasts wherein he reads verses of Dushyant Kumar,Mahadevi, Nida Fazli, Javed
Akhtar, Gulzar etc. Madhu is an ardent follower of Madhav.
9. She is immensely infatuated by all podcasts made by Madhav and immediately fall in
love with him. Madhu and Shamim alias Madhav meet and fall in love with each
other. Madhu proposes to Shamim for marriage. Shamim tells him that he is a
Muslim. Madhu finds this revelation very astonishing.
10. She after going to home feels shattered but subsequently decides to marry Shamim
despite of him being from different religion. She meets Shamim and they arrange
their marriage on when she completes her age of 18 years under Special Marriage
Act after duly complying with all requirements.
11. State of Uttam Pradesh against the love Jihad passes an Ordinance ‘Prohibition of
Unlawful Religious Conversion Ordinance 2020 Wherein the conversion from one
religion to other by the use of misrepresentation, coercion fraud, force, coercion,
allurement and undue influence has been prohibited and subject to penalty of
minimum 1 year to maximum 5 years imprisonment.
12. After six months of marriage, Madhu finds change in behaviour of Shamim who
always imposes supremacy of his religion over her and suggests her to convert on
every moment. One day in heat of moment she inspite of being pregnant decided to
leave Shamim house and his brother files a complaint with U.P. Police in
aforementioned Ordinance.
13. Shamim and his brothers are arrested and lodged to jail. In this mental trauma
Madhu suffers an abortion. Shamim and his brothers challenge the Ordinance in
Supreme Court of Sindia under Article 32 being violative of Article 14, 15, 21 and 25
of Sindian Constitution and violation of Fundamental Right to elope.
14. Sindian Supreme Court holds that it must be challenged in High Court of Uttam
Pradesh. The matter is scheduled for hearing.
15. Argue the case.