8TH RGNUL NATIONAL MOOT COURT

COMPETITION,2019

BEFORE THE HON’BLE

SUPREME COURT OF INDIA

(UNDER ARTICLE 131 OF THE CONSTITUTION OF INDIA)

SOCIETY FOR WOMEN’S RIGHTS,NGO………….APPELLANT

V.

MR.SUBODH…………………………….………….RESPONDENT

MEMORANDUM ON BEHALF OF THE RESPONDENT

-MEMORANDUM FOR THE RESPONDENT-

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TABLE OF CONTENTS

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INDEX OF ABBREVIATIONS

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INDEX OF AUTHORITIES

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STATEMENT OF JURISDICTION

The Respondent humbly submits this memorandum in response to the petition filed before this Honourable
court. The petition invokes its writ jurisdiction under Article 131 of the Constitution of India. It sets forth the
facts and the laws on which the claims are based.

-Article 131- Original jurisdiction of the supreme court.-

Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other Court,
have original jurisdiction in any dispute-
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one side and one or more other States
on the other; or
(c) between two or more States,
if and in so far as the dispute involves any question whether of law or fact on which the existence or extent
of a legal right depends.
[Provided that the said jurisdiction shall not extent to a dispute arising but of any treaty, agreement,
covenant, engagement, sanad or other similar instrument which, having been entered into or executed
before the commencement of this constitution, continues in operation after such commencement, or which
provides that the said jurisdiction shall not extend to such a dispute.]
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STATEMENT OF FACTS

Nidhi and Subodh, aged 22 and 24 respectively, are two working professionals in the city of Patiala. They
have been live-in partners since 2017 and love each other. Their parents were against them marrying each
other. However, both of them managed to convince their parents that this was perfect match for them. In
December 2018, Nidhi and Subodh tied the knot as per the Hindu rituals and customs.
After their marriage, the relationship took a toll and it wasn’t the same as it had been prior to the marriage.
The primary reason according to nidhi was that Subodh had begun to be a more dominating figure. He
would now demand intercourse as if it were a matter of right rather than it being an act of two consenting
adults. He would never pay heed to the feelings of Nidhi and this was something that hurt her. When Nidhi
tried to talk about this to her mother and mother-in-law, both of them had the same view that it is the duty of
an Indian wife to fulfill the wishes of her husband and be a constant companion to him at any cost.
One day, Nidhi was watching a debate show on television on the topic of marital rape. A few of the panelists
strongly condemned Exception II to Section 375 of the Indian Penal Code, 1860. They argued that it was
based on the archaic concepts where the wife was considered as possession and property of the husband. It
was further argued that marital rape also violated human rights and various rights of women wnder Article
21 of the Constitution. They also demanded that there should not be any distinction between rape within and
outside the marriage. On the other hand, the other panelists argued that Exception II to Section 375 had been
inserted to preserve the institution of marriage and criminalization of sexual intercourse between spouses
had potential to wreak havoc on the society. Further, they argued that the Indian law delivers proper
protection to women rights and the Legislature is well aware of the situation and demands of the Indian
society.
Society for Women;s Rights is an NGO that works for the development and welfare of women. It is an
organisation that has previously helped to bring in women- centric laws by rallying for classification and
enactment of women rights via legislation and judicial intervention. Deeply moved by the debate, Nidhi
finally decided to fight for her rights and what she thought was a blatant injustice against her persona. She
approached Society for Women’s Rights and narrated her grief to their activists. The members plague of
marital rape.
A Public Interest Litigation was filed by the NGO before the Hon’ble Supreme Court of India with respect
to the violation of fundamental rights of married women of all ages in the form of marital rape. The PIL also
challenges the constituitonal validity of Exception II to Section 375 of the Indian Penal Code,1860.
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QUESTIONS OF LAW
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SUMMARY OF ARGUMENTS
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ARGUMENT ADVANCED
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PRAYER
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