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TABLE OF CONTENT

LIST OF ABREVIATIONS ......................................................................................................iv

INDEX OF AUTHORITIES.....................................................................................................vi

STATEMENT OF JURISDICTION..........................................................................................x

STATEMENT OF FACTS .......................................................................................................xi

ISSUES RAISED................................................................................................................... xiii

SUMMARY OF PLEADINGS...............................................................................................xiv

WRITTEN PLEADINGS ..........................................................................................................1

1. Whether the PIL is maintainable in the Supreme court of Aryavart or not?......................... 1

1.1. Is it feasible to implement Uniform Civil Code in a Country like Aryavart?.........3

2. Whether Uniform Civil Code is violative of one’s’ Fundamental rights and other personal
rights guaranteed under Constitution of Aryavart ......................................................................4

2.1 Is it the State's interference in the realm of the personal laws of the subjects?..........6

3. Whether the non-issuance of the Birth Certificate for the child born from a LGBTQIA couple
is violation of the child’s right by the state ................................................................................8

4. Whether the Constitutional power of the Court to frame laws has led to the scenario where
Legislature have become the Executive wing of the Judiciary?...............................................10

PRAYER..................................................................................................................................12

MEMORIAL ON BEHALF OF THE PETITIONER

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LIST OF ABBREVIATION

& And

AIR All India Report

Anr. Another

CRC Convention of the Rights of the Child

DPSP Directive Principle State Policy

Govt. Government

Hon’ble Honourable

i.e That is

JJ Juvenile Justice

LR Law Report

Ltd. Limited

NCRB National Crime Report Bureau

PIL Public Interest Litigation

Uniform Civil Code Uniform Civil Code

U.O.I Union of India

v. Verses

MEMORIAL ON BEHALF OF THE PETITIONER

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INDEX OF AUTHORITIES

STATUTES

Code of Criminal Procedure, 1973

Indian Penal Code, 1860
Indian Evidence Act, 1872
Juvenile Justice (Care and Protection of Children) Act, 2000
The Constitution of India, 1950

TREATIES

United Nations Convention of the Rights of the Child, 1990 (CRC)

United Nations Standard Rules for the Administration of Juvenile Justice, 1985
United Nations Rules for the Protection of Juveniles Deprived of their Liberty, 1990

CASES

1. Suresh Koushal v Union of India

2. NALSA v Union of India
3. KS Puttaswamy v Union of India
4. Shafin Jahan v Union of India
5. Navtej Johar v Union of India

6. State of Maharashtra v. Public Concern for Governance Trust (2017):-

7. Vishaka v. State of Rajasthan (1997):-
8. Mhd. Ahmed Khan v. Shah Bano Begum
9. Sharaya Bano v. Union of India
10. Lily Thomas v. Union of India (2000)
11. John Vallamattom v. Union of India (2003)

MEMORIAL ON BEHALF OF THE PETITIONER

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12. T Sareetha v. T Venkatasubbaiah

13. Ahmedabad Women Action Group v. Union of India (1997)
14. Saroj Rani v. S.K. Chadha
15. National Legal Services Authority (NALSA) v. Union of India (2014)
16. Navtej Johar v. Union of India
17. Vishaka v. State of Rajasthan (1997)
18. M.C. Mehta v. Union of India (1987
19. Lalita Kumari v. Government of Uttar Pradesh (2014)
20. Naz Foundation v. Government of NCT of Delhi (2009
21. Roe v. Wade (1973)

BOOKS AND ARTICLE

1. C. Kashyap, B.N. Patel, The constitution of India and International Law,19( 3rd ed., 2005)
2. M.P. Jain, Indian Constitutional Law, (7th Ed., 2014)
3. Modi's Medical Jurisprudence and Jhala & Raju's Medical Jurisprudence, ISBN 9788180386961
4. LexisNexis, 6th Edn., p. 198
5. National Crime Record Bureau, Crime in India 2013 Statistics

LEGAL DATABASE
1. Manupatra
2. SCC Online
3. Indian Kanoon

MEMORIAL ON BEHALF OF THE PETITIONER

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STATEMENT OF JURISDICTION

The Petitioner has the honour to submit the memorial of the present case filed under Article
321 of the Constitution of Aryavart to the hon’ble Supreme Court of Aryavart. It sets forth the
facts and law on which the claims are made.

The petitioners have invoked Article 32 of the Constitution of Aryavart, which grants
individuals the right to move the Supreme Court for the enforcement of their fundamental
rights. This is the foundational basis for the court's jurisdiction in this case.

The case involves fundamental rights, including the right to equality, the right to life and
personal liberty, and the right to freedom of religion, which are enshrined in the Constitution
of Aryavart. The petitioners argue that their fundamental rights are being violated due to the
absence of a Uniform Civil Code and the state's refusal to issue a birth certificate. As such,
the Supreme Court has jurisdiction to adjudicate on matters related to fundamental rights.

MEMORIAL ON BEHALF OF THE PETITIONER

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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
clause ( 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

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STATEMENT OF FACTS

1. Aryavart is a conservative country in Asiana with a population of approximately 140 crores.

Hinduism is the major religion, followed by Islam and other religions. Only the State of
Kankan has implemented a Uniform Civil Code.
2. Mrinal, a Hindu trans-man, and Akram, a Muslim trans woman, are in a relationship in
Avanti State, which lacks a Uniform Civil Code. They kept their relationship secret due to
societal taboos.
3. In 2018, the Supreme Court of Aryavart decriminalised homosexuality, providing confidence
to the LGBTQ+ community, but discrimination and stigma persisted.Society had
misconceptions about gender identity, and transgender rights were not fully recognized,
especially in marriage.
4. Mrinal and Akram decided to openly reveal their relationship and marry under their
respective religious customs. Their marriage wasn't officially registered due to gender and
religious differences.
5. Mrinal gave birth to a son, but they couldn't obtain a birth certificate because they didn't fit
the traditional "father" and "mother" roles, and their marriage wasn't recognized. Authorities
in Avanti State rejected their applications, leaving them in a legal limbo due to the absence
of a Uniform Civil Code.
6. They approached the Supreme Court under Article 32, seeking a birth certificate for their
child and recognition of their marriage, while also advocating for a Uniform Civil Code
recognizing same-sex and interreligious marriages and ensuring equal rights for all.
7. NGO Samridhi fought for Uniform Civil Code to empower Muslim women, as their personal
laws limited their rights. The All-Indus Muslim Personal Law Board opposed this as a
violation of their personal rights.
8. The Government supported a Uniform Civil Code but opposed its recognition of LGBTQ+
marriages, stating that no religion recognized them. The Government opposed the PIL by the
Trans-Couple on grounds of maintainability.
9. The Trans-Couple opposed the Impleading Petition by the All-Indus Muslim Personal Law
Board, considering them unnecessary parties.These cases garnered significant media
attention and public debate, leading the Supreme Court to permit live telecast of hearings and
to consider the questions of PIL maintainability and the necessity of involving the All-Indus
Muslim Personal Law Board.

MEMORIAL ON BEHALF OF THE PETITIONER

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ISSUES RAISED

1. Whether the PIL is maintainable in the Supreme court of Aryavrat or not and is it
feasible to implement Uniform Civil Code in a Country like Aryavrat?

2. Whether Uniform Civil Code is violative of one's Fundamental rights and other
personal rights guaranteed under the Constitution of Aryavart and is it the State's
interference in the realm of the personal laws of the subjects?

3. Whether the non-issuance of the Birth Certificate for the child born from a
LGBTQIA couple is violation of the Child’s right by the state?

4. Whether the Constitutional power of the Court to frame laws has led to the scenario
where Legislature has become the Executive wing of the Judiciary?

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SUMMARY OF PLEADINGS

1. Whether the PIL is maintainable in the Supreme Court of Aryavrat or not and is it
feasible to implement Uniform Civil Code in a Country like Aryavrat?

The counsel for petitioner argues before the hon’ble court that their PIL is maintainable in the
Supreme Court of Aryavrat due to the violation of fundamental rights, the lack of effective
alternative remedies, the public interest nature of the case, the court's previous stance on
LGBTQ+ rights, and the complex legal issues involved. They contend that their case warrants
the court's attention and intervention to protect and uphold constitutional rights.
The feasibility of implementing a Uniform Civil Code in Aryavrat is not only constitutionally
sound but also aligned with principles of equality, individual rights, and modernization. It is
seen as a means to eliminate discrimination, protect fundamental rights, and bring the legal
system in line with contemporary values. The argument is that, given the evolving social and
legal landscape, Aryavrat can and should move toward implementing a Uniform Civil Code that
ensures equal treatment for all its citizens.
2. Whether Uniform Civil Code is violative of one's Fundamental rights and other
personal rights guaranteed under the Constitution of Aryavart and is it the State's
interference in the realm of the personal laws of the subjects?
The counsel for petitioner argues before the hon’ble Supreme Court that Aryavrat is evolving,
and its legal framework should reflect contemporary values and principles of social justice. A
Uniform Civil Code is seen as a progressive step towards a more inclusive and equal society.
A Uniform Civil Code is not violative of fundamental rights and personal rights guaranteed
under the Constitution of Aryavart. Instead, it is seen as a means to uphold constitutional
principles of equality which are enshrined under Article 142, non-discrimination under Article
153, gender equality, and individual rights.

MEMORIAL ON BEHALF OF THE PETITIONER

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Article 14-Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within
the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
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Article 15-Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability,
restriction or condition with regard to(a) access to shops, public restaurants, hotels and palaces of public entertainment; or(b) the use of
wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the
general public.

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 The counsel for petitioner argues that a UCC simplifies legal proceedings by providing a
uniform legal framework. This simplification enhances access to justice and ensures that
individuals are not burdened by complex, contradictory, or ambiguous personal laws.The
petitioners contend that it is a necessary legal reform that aligns with the secular, progressive,
and inclusive values of Aryavrat's Constitution.

3. Whether the non-issuance of the Birth Certificate for the child born from a
LGBTQIA couple is violation of the Child’s right by the state?
The counsel for petitioner argues before the hon’ble Supreme Court that every child has a
fundamental right to an identity, including a name and legal recognition. The non-issuance of
a birth certificate deprives their child of this essential right, impacting their legal identity.
The state's refusal to issue a birth certificate to their child based on their LGBTQIA status is
discriminatory. It treats their child differently from children born to heterosexual
couples,violating the principle of non-discrimination enshrined under Article 14 and Article
214 of the Constitution stating the right to personal liberty.

4. Whether the Constitutional power of the Court to frame laws has led to the scenario
where Legislature has become the Executive wing of the Judiciary?
The counsel for petitioner argues before the hon’ble Supreme Court that the judiciary's power
to frame laws is a necessary aspect of the constitutional framework. It allows the judiciary to
protect and uphold fundamental rights guaranteed by the Constitution.
The judiciary's intervention is not an overreach but a safeguard of democracy. It prevents
potential abuses of power by the Legislature and the Executive, preserving the democratic
principles enshrined in the Constitution.
The constitutional power of the Court to frame laws is an essential mechanism for protecting
fundamental rights, ensuring checks and balances among branches of government, and
adapting to an evolving legal landscape. It is not an indication of the Legislature becoming
the Executive wing of the Judiciary but rather a means to uphold the constitutional framework
and safeguard the rights of all citizens, including minority groups like the LGBTQIA
community.

MEMORIAL ON BEHALF OF THE PETITIONER

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Article 21- Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure
established by law.

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WRITTEN PLEADINGS

1. Whether the PIL is maintainable in the Supreme Court of Aryavrat or not and is it
feasible to implement Uniform Civil Code in a Country like Aryavrat?

1.1. Whether the PIL is maintainable in the Supreme Court of Aryavrat or not?
1. The petitioner asserts that their Public Interest Litigation (PIL) is maintainable in the Supreme
Court of Aryavart under Article 32 of the Constitution. The Counsel for Petitioner argues that PIL
under Article 32 remain within the jurisdiction of the Supreme Court, regardless of arguments
from the respondent suggesting alternative remedies. The decision on PIL maintainability in
Aryavart is at the discretion of the judiciary, particularly the Supreme Court, which can choose to
entertain such cases, even when alternative remedies are theoretically available or seen as
insufficient to address the issue at hand. This discretion is typically exercised when cases involve
significant matters of public interest, constitutional rights, or hold substantial legal importance.
2. Article 32 of the Aryavart Constitution grants citizens the fundamental right to directly approach
the Supreme Court for the enforcement of their fundamental rights. In this case, the petitioners
have invoked Article 32 to assert their constitutional rights, citing the denial of recognition to their
marriage and the inability to obtain a birth certificate for their child as infringements upon these
fundamental rights. Thus, the PIL serves as an essential means to seek protection and enforcement
of these violated rights.
3. The following Fundamental rights of the couple as been violated by the authority-
a. Right to Equality (Article 14)- Mrinal and Akram have faced discrimination and stigma due to
their gender identity and same-sex relationship. Article 14 of the Indian Constitution guarantees
the right to equality before the law and the equal protection of laws. Discrimination based on
gender identity or sexual orientation can be seen as a violation of this fundamental right.
b. Right to Life and Personal Liberty (Article 21): The right to life and personal liberty includes the
right to live with dignity. Mrinal and Akram's inability to openly proclaim their relationship, get
their marriage officially registered, and obtain a birth certificate for their child due to legal
constraints can be seen as an infringement of their right to live with dignity, which is an essential
aspect of Article 21.

MEMORIAL ON BEHALF OF THE PETITIONER

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c. Right to Freedom of Expression (Article 19(1)(a)5:Mrinal and Akram have been unable to express
their love and commitment openly due to societal taboos and social set-ups. Article 19(1)(a)
guarantees the right to freedom of speech and expression, which encompasses the freedom to
express one's identity, including gender identity and sexual orientation.
d. Right to Freedom of Religion (Article 25)6:Mrinal and Akram decided to marry under their
respective religious customs, showing respect for their faiths. The obstacles they faced in
registering their marriage based on religious customs could be seen as a violation of their right to
freedom of religion under Article 25.
e. Right to Privacy (as upheld in K.S Puttaswamy v. Union of India7): The Supreme Court, in the
Puttaswamy case, recognized the right to privacy as a fundamental right. Mrinal and Akram's
inability to marry openly and obtain official recognition of their relationship due to societal norms
and legal constraints may infringe upon their right to privacy.
f. Right to Non-Discrimination (Article 15)8: Article 15 prohibits discrimination on various grounds,
including gender and religion. Discrimination against Mrinal and Akram based on their
transgender status and interreligious relationship may be viewed as a violation of this right.
4. The petitioners are confronting complex legal issues stemming from their same-sex, interreligious
marriage, and the birth of their child. These issues have not been adequately addressed within the
current legal frameworks, necessitating judicial intervention to safeguard their rights and provide
legal clarity.
5. The case holds broader constitutional significance as it raises fundamental questions about equal
rights, gender identity, and religious freedom. It delves into the principles of non-discrimination
and the right to personal liberty enshrined in the Constitution. The petitioners are advocating for
the implementation of a Uniform Civil Code, a matter of substantial constitutional importance.

MEMORIAL ON BEHALF OF THE PETITIONER

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Article 19(a):- Protection of certain rights regarding freedom of speech etc(1) All citizens shall have the right (a) to freedom of speech
and expression;
6
Article 25:- Freedom of conscience and free profession, practice and propagation of religion(1) Subject to public order, morality and
health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess,
practise and propagate religion(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any
law(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice.
(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and
sections of Hindus Explanation I The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion
Explanation II In sub clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh,
Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.
7
K.S Puttaswamy v. Union of India
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Article 15:-Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth(1) The State shall not discriminate
against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them(2) No citizen shall, on grounds only of
religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition.
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6. The petitioners' case extends beyond the realm of a private matter; it represents a significant issue
concerning the rights and dignity of LGBTQ+ individuals and those in interreligious marriages. It
impacts a substantial portion of society and, therefore, qualifies as a public interest litigation.
7. In the case of State of Maharashtra v. Public Concern for Governance Trust (2017)9 The
Supreme Court reaffirmed that PILs could be filed by any person acting bona fide in the public
interest. The court emphasised that the technicalities of locus standi should not be a barrier to
filing PILs.
8. The absence of a Uniform Civil Code and the complexities surrounding personal laws in Aryavart
have given rise to legal ambiguities, particularly in the realm of marriage and family matters.
These ambiguities impact not only the petitioners but also numerous others grappling with similar
challenges. The PIL aims to address this overarching issue by advocating for the implementation
of a Uniform Civil Code, which would provide clarity and consistency in personal laws.
9. In the case of Vishaka v. State of Rajasthan (1997)10which dealt with the issue of sexual
harassment of women in the workplace. The Supreme Court held that PILs could be filed in
matters involving gender equality and women's rights. It emphasised the need to fill legal gaps
through judicial activism in the absence of adequate legislation.
10. The case has the potential to have a profound impact on society. It can set a precedent for
recognizing same-sex and interreligious marriages, promoting inclusivity and diversity. This can
lead to broader social acceptance and understanding, helping reduce discrimination and stigma
faced by LGBTQ+ individuals.
11. The PIL before the Supreme Court of Aryavart aligns with the court's role in upholding
constitutional values and protecting citizens' rights. It addresses contemporary legal issues and
contributes to evolving jurisprudence in line with changing societal norms. In essence, it serves as
a powerful tool for legal reform, tackling complex issues where alternative remedies are lacking or
insufficient. The petitioners' pursuit extends beyond their personal challenges, aiming to bring
about broad legal reforms benefiting the entire population of Aryavart.

1.2 Is it feasible to implement Uniform Civil Code in a Country like Aryavrat?

1. India is a land of diversities. People of different cultures, religions, histories, and beliefs have
lived here for centuries.

MEMORIAL ON BEHALF OF THE PETITIONER

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State of Maharashtra v. Public Concern for Governance Trust (2017):-
10
Vishaka v. State of Rajasthan (1997):-
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A democratic State like India can achieve complete secularism only when the laws that govern the
citizens are secular and unbiased. The criminal law provides for the same punishments to all
offenders for the same offences, ensuring equality before law, and justice. A crime committed by
one person takes away the rights of another, and to give justice to the victim, it’s necessary that the
criminal is punished.

2. There is no argument in the fact that criminal law and civil law deal with very different issues,but,
as they are both applied to individuals, it becomes mandatory to ensure that the laws are equal for
everyone. If a practice that is prohibited in the personal laws of one religion is permitted in
another, it is discriminatory to members of both the religions, but the bigger concern is the
unfairness or discrimination of the practice itself.
3. The counsel for petitioner emphasises the need for a Uniform Civil Code (UCC) in India to
prevent human rights violations under the guise of religious freedom. It argues that discriminatory
practices and customs that violate fundamental rights should be discontinued, and a common code
conforming to the Constitution is necessary to maintain secularism
4. The UCC aims to establish a single law applicable to all religious communities in India for matters
like marriage, divorce, inheritance, and adoption. Article 44 of the Indian Constitution calls for the
state to strive for a UCC for all citizens throughout the country.
5. Article 44 of the Indian Constitution emphasises the state's duty to strive for a Uniform Civil Code
(UCC) throughout the country. The primary goal of this endeavour is to combat discrimination,
particularly against cultural and vulnerable groups. The UCC aims to ensure justice and equality
for all Indian citizens, regardless of their caste, religion, or gender.
6. However, despite its intentions, the UCC has not been fully implemented in matters such as
marriage, divorce, maintenance, and adoption. India's diverse personal laws, rooted in various
sources and traditions, have made unification under a single code challenging. This diversity
continues to be a complex issue, as citizens are governed by laws based on different religious
practices, hindering the full realisation of the UCC's objectives in these specific areas.
7. B.R. Ambedkar envisioned a UCC as a means to eliminate disparities, provide equal rights and
opportunities to all citizens, and break down caste-based hierarchies. He saw it as a step toward
building a cooperative and egalitarian society.

MEMORIAL ON BEHALF OF THE PETITIONER

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8. India's numerous identities have created divisions and identity conflicts within society.The counsel
for petitioner believes that a common civil code can bridge these gaps, foster unity, and create a
stronger sense of collective identity, contributing to national strength and resilience.
9. A UCC can address gender inequalities prevalent in certain personal laws. Many personal laws
have discriminatory provisions that affect women's rights, and a uniform code would eliminate
such practices, promote gender justice, and empower women.
10. Justice V.R. Krishna Iyer, in this context states that the “Uniform Civil Code is essential to ensure
gender justice and to eliminate discrimination against women entrenched in personal laws.”

The counsel for petitioner humbly submits the feasibility of a UCC in India -

1.The argument for implementing a Uniform Civil Code (UCC) in India is strongly supported by
Article 44 of the Indian Constitution, a Directive Principle of State Policy. Article 44 emphasises the
State's goal to achieve a UCC that applies uniformly to all citizens throughout India. While Directive
Principles are not enforceable in court, they play a fundamental role in guiding government policies
and laws. Article 44 seeks to establish a common legal framework for personal matters like marriage,
divorce, adoption, and inheritance, irrespective of religious or cultural backgrounds. This move aims to
foster social integration and gender equality by eliminating disparities in personal laws based on
religion or community.

● This constitutional provision recognizes the need for a common civil code and serves as a strong
legal foundation for its feasibility. The Supreme Court of India, in Mhd. Ahmed Khan v. Shah
Bano Begum case (1985)11, emphasised the importance of Article 44 and called for the framing of
a UCC. The court's ruling affirmed that the Constitution provides a clear directive to work towards
a common civil code.

2. One of the central arguments in favour of a UCC in India is its potential to rectify gender-based
discrimination prevalent in the country's existing personal laws. These disparities primarily affect
women in areas such as divorce, inheritance, and property rights.

● India's personal laws, which are often based on religious and community practices, contain
provisions that are inherently biassed against women.

MEMORIAL ON BEHALF OF THE PETITIONER

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Mhd. Ahmed Khan v. Shah Bano Begum -
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For example: In some Islamic practices, there is the provision of instant Triple Talaq, allowing a
husband to divorce his wife unilaterally and instantly by uttering "Talaq" three times, leaving
women vulnerable and without sufficient legal protection.In Hindu personal laws, there have been
disparities in inheritance rights where daughters were not granted equal shares in ancestral
property.

● A UCC aims to eliminate these discriminatory practices and promote gender equality. This aligns
with the fundamental constitutional principles of equality and justice enshrined in the Indian
Constitution. The Constitution guarantees equal rights to all citizens and prohibits discrimination
based on gender.
● In the Triple Talaq case (Shayara Bano v. Union of India, 2017)12The Supreme Court declared
the practice of instant Triple Talaq unconstitutional, highlighting the need to protect the rights of
Muslim women. A UCC could further address such gender-based discrimination.

3. India's cultural and religious diversity has led to the existence of a multitude of personal laws that
govern various communities. These personal laws are often rooted in religious or community practices
and can significantly differ from one another. This diversity has created legal complexities and
challenges, particularly in areas related to marriage, divorce, inheritance, and succession.

● Implementing a UCC would necessitate the harmonisation of these diverse practices. It would
require the careful consideration of customs, traditions, and religious beliefs while formulating a
common set of laws. The petitioner's counsel asserts that a Uniform Civil Code (UCC) offers
substantial benefits that outweigh complexities. It promises clarity in legal matters, simplifying the
legal system for individuals and eliminating confusion from multiple personal laws. Uniform laws
ensure consistent legal principles nationwide, vital for justice and reducing disparities. The UCC
promotes fairness and equality, aligning with India's constitutional principles of justice and
equality.
● In the Lily Thomas v. Union of India (2000)13, the Supreme Court struck down a provision in the
Indian Succession Act, which discriminated against Indian Christians. the Supreme Court of India
struck down the discriminatory provision. The Court held that equality before the law is a
fundamental right and that discriminatory provisions must be eliminated to ensure equal treatment
for all citizens.

MEMORIAL ON BEHALF OF THE PETITIONER

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Sharaya Bano v. Union of India -
13
Lily Thomas v. Union of India (2000)-
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4. The counsel for Respondent argues that a UCC often cites social sensitivities and political
considerations as barriers to implementation. They argue that imposing a single code on a culturally
pluralistic society may lead to resistance and conflicts. However,the counsel for petitioner argues that
the principle of equality before the law should prevail over such concerns.The introduction of the
Goods and Services Tax (GST) in India faced significant resistance and challenges due to its impact on
various states and industries. Yet, it was implemented to bring uniformity and streamline taxation
across the country.

5. The counsel for the petitioners proposes a strategic approach to implementing a Uniform Civil Code
in India. They suggest beginning with areas of common consensus among various communities, such
as inheritance and marriage laws. These areas often have shared principles of fairness and justice that
can serve as a foundation for uniformity.

● Additionally, they recommend an incremental implementation approach, which involves phasing

in changes over time. This gradual transition can be less disruptive and contentious than an abrupt
overhaul of personal laws. It allows for adjustments, acceptance, and adaptation within different
religious and cultural communities.
● The counsel believes that building trust and acceptance is essential in the process. By starting with
consensus areas and allowing communities to adapt gradually, trust and acceptance can be built.
This approach can help bridge the gap between diverse personal laws and the principles of equality
and justice enshrined in the Constitution.
● To illustrate the effectiveness of this incremental approach, they point to the codification of Hindu
law in India as an example. Before independence, Hindu law was diverse and complex, with
different schools of thought and regional variations. To simplify and modernize these laws, the
Indian government adopted an incremental approach. They began with the Hindu Marriage Act in
1955, followed by the Hindu Succession Act in 1956, and later the Hindu Adoption and
Maintenance Act in 1956.
● Each of these acts addressed specific aspects of personal law within the Hindu community,
allowing for adjustments and acceptance over time. This phased approach eventually achieved a
level of uniformity in Hindu personal laws, bringing clarity and consistency in matters of
marriage, succession, and adoption within the community.

MEMORIAL ON BEHALF OF THE PETITIONER

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6.Several countries with diverse religious and cultural backgrounds have successfully implemented
Uniform Civil Codes (UCC), providing valuable insights into the feasibility of such a code in India:
Such transitions have contributed to legal equality, modernization, and gender equality in personal
matters.

In the early 20th century, Turkey, Tunisia, and Egypt, predominantly Muslim nations, successfully
implemented Uniform Civil Codes (UCCs) to replace traditional Islamic laws. These secular legal
frameworks promoted gender equality, modernization, and legal clarity. Turkey led the way in 1926,
demonstrating that cultural diversity was not a barrier to UCC implementation. Tunisia followed in
1956, setting an example in the Arab world for women's rights while respecting cultural heritage.
Egypt introduced a unified family law in 2000, aiming to harmonise personal laws despite religious
diversity, representing ongoing efforts toward a more uniform civil code.

In conclusion, while implementing a Uniform Civil Code in a country as diverse as India poses
challenges, it is feasible and essential for upholding the principles of equality, justice, and gender rights
enshrined in the Indian Constitution. The constitutional mandate, judicial precedent, and the potential
benefits of legal uniformity and gender equality provide strong arguments in favour of pursuing a
UCC. A gradual and consultative approach can help navigate the complexities of implementing such a
code while respecting the diverse cultural and religious traditions of the nation.

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2. Whether Uniform Civil Code is violative of one's Fundamental rights and other personal rights
guaranteed under the Constitution of Aryavart and is it the State's interference in the realm of the
personal laws of the subjects?

2.1 Whether Uniform Civil Code is violative of one's Fundamental rights?

1. India's diverse religious landscape necessitates a uniform civil code to prevent human rights
violations masked by the Freedom of Religion. Discriminatory practices that aren't intrinsic to any
religion must be discontinued. A common code adhering to the Constitution, regardless of religion,
is vital to protect citizens' fundamental rights and uphold secularism in India.
2. Our Constitution, in Part III, robustly safeguards individual rights irrespective of factors like caste,
religion, race, sex, or birthplace. It imposes stringent restrictions on the state to prevent
discriminatory laws. While the state respects all religions and allows them to formulate personal
laws, the changing social dynamics, especially with women asserting their rights, highlight the need
for reevaluation.
3. While Articles 25-28 protect religious, traditional, cultural, and customary aspects, they sometimes
conflict with other fundamental rights like equality (Articles 14-15) and the right to life (Article 21).
Many personal laws exhibit gender-biassed provisions. Part III of the Constitution enshrines core
fundamental rights, including equality before the law, freedom of speech, religious and cultural
freedoms, and more. Simultaneously, the Constitution imposes penalties against discrimination
based on various factors through the Indian Penal Code and other statutes, ensuring equality before
the law.
4. Article 14 prohibits class-based legislation, while permitting reasonable classification.
Unfortunately, the broad umbrella of cultural freedoms provided by Articles 25-28 allows personal
laws to be shaped according to individual preferences, potentially conflicting with other
fundamental rights enshrined in Articles 14-15.
5. It is imperative to assess whether framing personal laws under the guise of religious culture and
customs, while subjugating female gender to suppression and suffering, constitutes a clear violation
of the fundamental right guaranteed under Article 14. Furthermore, rendering personal laws immune
from judicial review is a matter of grave concern.
6. Religious and cultural preservation should not infringe upon fundamental rights. While Article 25
grants the freedom to practise religion, it must not violate principles of equality and dignity, also
fundamental rights. Courts can intervene to assess whether certain practices, even if rooted in
religious customs, contravene these fundamental rights.

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7. In conclusion, the issue of personal laws in India involves a complex balance between cultural and
religious freedoms and fundamental rights. While respecting cultural diversity is important, it should
not come at the expense of violating the Constitution's principles of equality, dignity, and justice.
The call for a Uniform Civil Code aims to harmonise personal laws and ensure equal rights for all
citizens, regardless of their religious backgrounds.
The counsel of petitioner argues that UCC is not violative of one’s Fundamental Rights-
➢ Equality Before the Law (Article 14): The petitioner can argue that a UCC aims to ensure equality
before the law for all citizens, regardless of their religious or cultural backgrounds. The current
system of diverse personal laws often leads to unequal treatment, particularly concerning issues like
marriage, divorce, and inheritance. A UCC would eliminate such disparities and uphold the
principle of equality enshrined in Article 14 of the Indian Constitution.
The Supreme Court, in the case of John Vallamattom v. Union of India (2003)14, emphasised that
Article 14 prohibits arbitrariness and discrimination. It held that personal laws should conform to the
principles of constitutional morality and equality. A UCC can be presented as a means to ensure
such conformity.
➢ Right to Equality in Marriage (Article 15):The petitioner can assert that a UCC would prohibit
discrimination on the grounds of religion, race, caste, sex, or place of birth, as stipulated in Article
15 of the Constitution. Under the current personal laws, there are instances of gender-based
discrimination. A UCC would address these inequalities, particularly in matters related to marriage
and divorce, ensuring equal rights for all citizens.
In the Shayara Bano v. Union of India (2017) case, the Supreme Court held that the practice of
instant Triple Talaq violated Article 15 and the right to equality. The ruling underscored the
importance of ensuring equal rights in matters of marriage, especially for women.
➢ Right to Freedom of Religion (Article 25-28): It is important to emphasise that a UCC does not
interfere with an individual's right to practise their religion freely. The petitioner can argue that a
UCC would apply only to civil matters and would not infringe upon religious beliefs or practices.
Religious ceremonies and rituals would remain unaffected, and individuals would still have the
freedom to practise their religion as they choose.
In the Ahmedabad Women Action Group v. Union of India (1997)15 case, the Supreme Court upheld
the right to religious freedom while advocating for the protection and promotion of gender justice.
The case highlights the compatibility of religious freedom and the promotion of women's rights.

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John Vallamattom v. Union of India (2003) -
15
Ahmedabad Women Action Group v. Union of India (1997)-
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➢ Gender Justice and Women's Rights: A UCC can be presented as a means to protect and promote the
rights of women, which is in line with the principles of gender justice and women's rights enshrined
in the Constitution. The petitioner can argue that the current personal laws, in some cases,
discriminate against women, and a UCC would rectify these injustices.
In the Shah Bano case (1985), the Supreme Court emphasised the importance of Article 44 and the
need to ensure gender justice. The court's ruling affirmed that the Constitution provides a clear
directive to work towards a common civil code, which would address gender-based discrimination.
➢ The petitioner contends that a UCC would bring legal clarity and certainty to personal matters,
reducing ambiguity and disputes. This would enhance access to justice for all citizens, ensuring that
their fundamental rights to a fair and just legal system are upheld.

UNIFORM CIVIL CODE AND FREEDOM OF RELIGION

1. Opposing the implementation of a Uniform Civil Code (UCC) on the grounds of infringing upon
secularism and the Right to Freedom of Religion under Article 25 of the Constitution lacks logical
basis and is rooted in fundamentalism and a misinterpretation of the Constitution. Matters such as
marriage, divorce, adoption, succession, and maintenance are fundamentally about individual
freedom and rights, not inherently religious.
2. Substituting discriminatory personal laws with a uniform law that upholds constitutional rights
over religious practices is essential in India, where religion has been used to perpetuate oppression
and discrimination. Secularism requires the separation of the State from religion, meaning that
laws should not be based on religious practices. However, this does not mean that arbitrary,
discriminatory, or constitutionally violative religious practices should go unchecked.
3. Understanding the Right to Freedom of Religion under Article 25 is crucial, but it's equally
important to recognize that Article 25(2)(a) allows the State to regulate or restrict any secular
activity associated with religious practice. Therefore, enacting a UCC, in accordance with
constitutional provisions and free from bias linked to religious personal laws, falls under Article
25(2)(b) of the Constitution.
4. The Shayara Bano judgement established that Triple Talaq is not an essential religious practice of
Islam and is not protected under Article 25(1). It was declared unconstitutional and criminal,
demonstrating that religious practices in violation of the Constitution are subject to reform or
invalidation. Practices like Triple Talaq or polygamy are more aligned with patriarchy than
religion.

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5. Another significant development in safeguarding women's rights while upholding secular laws
over unfair and discriminatory practices is the Sabarimala case. Excluding menstruating women
from entering the temple violated their right to equality, freedom of religion, and Article 17
(abolition of untouchability), as they were barred from worship. Justice Dipak Misra's judgement
emphasised that this exclusion cannot be considered an essential religious practice and is subject
to state-mandated reform. While freedom of religion is a fundamental right, so is the right to
equality.
6. Claims that prioritise religion or oppressive practices over basic human rights, especially the
rights of women who have long faced discrimination, are regressive. Implementing a UCC would
not infringe upon an individual's right to freedom of religion but would ensure that the guarantee
under Article 25 does not become an excuse to deprive anyone of their fundamental human rights.

NEED OF UCC FOR TRANSGENDER COMMUNITY

The implementation of a Uniform Civil Code (UCC) in India is important for the transgender community
for several reasons:

1. Equality and Non-Discrimination: Implementing a Uniform Civil Code (UCC) in India is crucial
for promoting equality and eradicating discrimination, particularly concerning transgender
individuals. India's current complex web of personal laws varies across religious communities,
resulting in disparities based on gender identity. The UCC seeks to establish a consistent legal
framework for all citizens, aligning with India's constitutional ideals of equality and
non-discrimination.
a. Discriminatory personal laws historically disadvantaged transgender individuals, denying them
rights and recognition enjoyed by cisgender individuals. These laws perpetuate disparities in areas
such as marriage, inheritance, and property rights, treating transgender individuals as second-class
citizens. A UCC would rectify these injustices by eliminating legal barriers and ensuring equal
legal rights and protections.
b. A UCC can go further by explicitly prohibiting discrimination based on gender identity. This legal
safeguard would extend beyond personal laws, offering protection in various aspects of life and
sending a clear message that discrimination against transgender individuals is both morally
unacceptable and illegal, providing legal recourse for those facing discrimination.

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2. Recognition of Gender Identity:The importance of a Uniform Civil Code (UCC) for India's
transgender community lies in the recognition and validation of their gender identity. This
recognition goes beyond symbolism and significantly impacts the rights, dignity, and social
acceptance of transgender individuals.

a. Transgender individuals often grapple with a legal and social void where their self-identified
gender remains unacknowledged by existing laws. This lack of recognition leads to severe
disparities in education, employment, healthcare, and social services, essentially rendering
transgender individuals invisible in the eyes of the law and perpetuating their marginalization.
b. A UCC can transform this situation by explicitly including provisions that respect and recognize
the gender identity of transgender individuals. These provisions would move beyond the binary
understanding of gender and acknowledge the diverse spectrum of gender identities. This
recognition is an affirmation of transgender people's lived experiences and identities.
c. Recognizing gender identity through a UCC ensures that transgender individuals are not treated as
second-class citizens or outsiders within their own country. It validates their right to express their
gender authentically, affirming their dignity and humanity and countering the discrimination and
social exclusion they have historically faced.
d. Legal recognition of gender identity also unlocks access to fundamental rights and services. It
allows transgender individuals to obtain accurate identification documents, such as passports and
driver's licences, facilitating their participation in civic life, including voting and accessing
healthcare services without discrimination.
e. Furthermore, a UCC's recognition of gender identity can lead to broader societal acceptance.
When the law respects and acknowledges transgender individuals' gender identities, it sends a
powerful message to society about the value of diversity and self-determination. This recognition
can contribute to reducing stigma and discrimination, fostering an environment where transgender
individuals can live authentically and without fear.

3.Marriage Rights: Marriage rights hold significant importance for transgender individuals in India,
who often face formidable legal obstacles when attempting to marry according to their gender identity.
The implementation of a Uniform Civil Code (UCC) provides an opportunity to comprehensively
address these challenges and ensure that transgender individuals can exercise their right to marry
without undue legal hurdles.

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a. Presently, India's legal framework presents significant hurdles for transgender individuals seeking
marriage according to their gender identity. The diverse personal laws across religious
communities may not offer clear guidelines or recognition for transgender marriages, resulting in
confusion, legal disputes, and denial of marriage rights.
b. A UCC can be transformative in establishing clear and inclusive guidelines for marriage. It can
recognize the right of transgender individuals to marry according to their gender identity,
removing the ambiguity that surrounds transgender marriages under current laws. This ensures
that transgender marriages are treated with the same legal validity and dignity as cisgender
marriages.
c. Marriage isn't solely a legal contract but a fundamental aspect of personal identity and social
recognition. Denying transgender individuals the right to marry according to their gender identity
perpetuates a sense of inequality and marginalisation, implying that their relationships are less
legitimate than those of cisgender individuals. A UCC rectifies this injustice by affirming the
equality and dignity of transgender individuals in marriage matters.
d. Additionally, a UCC can eliminate discriminatory practices and biases transgender individuals
may encounter during marriage. It can explicitly prohibit discrimination based on gender identity
in marriage procedures, not only ensuring that transgender individuals can marry freely but also
setting a precedent for inclusivity and respect for diversity in society.
e. Beyond marriage rights, a UCC can simplify and streamline the legal processes associated with
transgender marriages. It can establish clear documentation requirements and procedures, making
it easier for transgender individuals to navigate the legal aspects of marriage without undue
complications.

4. Inheritance and Property Rights: Within the broader context of a Uniform Civil Code (UCC) in India,
the issue of inheritance and property rights holds paramount significance, particularly for transgender
individuals who have long been disadvantaged by discriminatory personal laws.

a. Historically, personal laws in India have perpetuated inequalities in inheritance and property
rights. Transgender individuals have faced marginalisation and exclusion due to their gender
identity, encountering systematic discrimination under some personal laws.
b. A UCC can be a powerful corrective measure to address these injustices, guaranteeing equal
access to property and inheritance for all citizens, regardless of their gender identity, aligning with
India's constitutional principles of equality and non-discrimination.

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c. By providing a uniform legal framework for inheritance and property rights, a UCC would
eliminate existing disparities, ensuring that transgender individuals have the same rights and
opportunities as cisgender individuals when it comes to inheriting property.
d. Additionally, a UCC can introduce provisions explicitly recognizing transgender individuals as
rightful heirs, affirming their equal worth within Indian society and preventing their unfair
exclusion from the inheritance process.
e. Property rights extend beyond inheritance, encompassing ownership, control, and access to
resources. Transgender individuals often face challenges in acquiring property or accessing
housing due to societal prejudices and discrimination. A UCC can provide protection against such
discrimination, allowing transgender individuals to exercise their property rights without fear of
prejudice or exclusion.

10. Promotion of Human Rights:India's commitment to international human rights agreements

underscores its dedication to upholding principles of equality and non-discrimination, making the
implementation of a Uniform Civil Code (UCC) consistent with these commitments.

a. Many international treaties, such as the International Covenant on Civil and Political Rights
(ICCPR)16 and the Convention on the Rights of Persons with Disabilities (CRPD)17, emphasise
the importance of ensuring that all individuals, regardless of their gender identity, enjoy equal
rights and protection under the law. These agreements recognize the need to combat discrimination
and promote inclusivity in all aspects of life.
a. By implementing a UCC that addresses the specific needs and rights of transgender individuals,
India demonstrates its willingness to align its domestic legal framework with its international
obligations. It signifies that India is taking concrete steps to fulfil its human rights commitments
by protecting the rights and dignity of marginalised and vulnerable communities, including the
transgender population.

In conclusion, a UCC in India has the potential to significantly benefit the transgender community by
ensuring legal recognition, protection from discrimination, and access to essential rights and services. It
can contribute to greater social acceptance and align with India's international human rights
commitments.

MEMORIAL ON BEHALF OF THE PETITIONER

16
International Covenant on Civil and Political Rights (ICCPR) -
17
Convention on the Rights of Persons with Disabilities (CRPD) -
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ANTI- WOMEN ACTS PREVAILING IN PERSONAL LAWS

Triple Talaq:The archaic practice of triple talaq is not only anti-women, it is also anti-Islam. It has
already been abrogated in more than 20 countries, including Pakistan and Bangladesh. A triple talaq
divorce is valid even if the husband says talaq three times on the phone, in a letter or even on
WhatsApp.

Halala:Halala, a practice allowing a previously divorced couple to reconcile and remarry, has raised
concerns of financial exploitation, blackmail, and sexual abuse, particularly impacting women seeking
such services. This issue reached the Bombay High Court during singer Adnan Sami's challenge to the
validity of his marriage. After marrying in 2001, divorcing in 2004, and remarrying in 2007 without
performing halala, the family court deemed the second marriage invalid. However, the Bombay High
Court clarified that a wife is not obligated to undergo halala before remarrying the same husband if
divorced through khula or talaq-e-ahsan methods. Halala is deemed mandatory only in cases where
triple talaq is employed.

Polygamy:If the wife of a Hindu or a Christian man has the right to bring criminal charges against her
husband for bigamy, why should a Muslim wife be deprived of this right? An oft-cited argument to
justify polygamy is that if a woman is ill or unable to bear children, her husband can marry another
woman to procreate instead of divorcing her and sending her away.

Age of marriage for women:In our country, even the age of marriage is not uniform; for a girl, it is 18
and for boys, it is 21 and this is also not religion-neutral. In Muslims, the age of a girl is not defined.
One of our PILs in the Supreme Court is on uniform age of marriage and it should be 21 common for
all.

2.2 Whether Uniform Civil Code is violative of other personal rights guaranteed under the
Constitution of Aryavart and is it the State's interference in the realm of the personal laws of the
subjects?

1. For the purpose of equality and equal justice we need Uniform Civil Code. Personal laws violate the
basic rights and dignity of a woman. In personal laws women did not get their rights after divorce or
at the time of death of husband but with the implementation of Uniform Civil Code they will get
their rights, children can have their future bright and even it will also help our country to grow and
to develop. Personal laws are outdated and not relevant to the 21st century.

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2. Personal laws are highly gender biassed. Most major religions developed, over time, a bias
towards women - treating them as somewhat inferior. In Christianity, Eve was meant to be the root
cause of all evil. In Hinduism, Sati was practised in some communities for ages till the British
formally put a stop to it. The practice of dowry and the ill treatment of widows continue till today
in many regions. In Islam, the staunchest Muslims don't let women travel alone, wear something
revealing or go to work or drive a car etc.
3. These are just a few examples of the deep underlying biases that lie within faiths. Such practices
are justified via religious texts or customs that simply must not be broken. It has taken generations
of rebellion to inculcate any change within these religions. In India most of the Muslim women get
restrained from their right to property, dowry settlement and divorce. Muslim law allows
polygamy and is a patriarchal law allowing a man to give divorce to his wife by allowing Triple
Talak which has been abolished.
4. However Muslim women have been given no right to file for divorce without the permission of
their husbands as given in Quran and hadiths. Gender justice cannot be achieved through personal
laws, especially in the case of Muslim women. Muslim personal law, as followed in India, is
inherently biassed against women and many times leads to their exploitation.
5. Moreover, because of the application of personal law in the matters of marriage, divorce,
maintenance, inheritance etc., Muslim women are precluded from enjoying the benefits accrued to
them through secular law, which their counterparts from other religious communities enjoy.
Through UCC speedy justice can be delivered and all people will get equal status and there would
be no discrimination.
6. Overlapping provision of law will also be avoided. The need for UCC is related to inconsistencies
in Tax laws. Like in Hindu Undivided Families they are exempted from taxes whereas Muslims
are exempted from paying stamp duty on gift deeds and also it deals with the problem of Honour
killings by extra-constitutional bodies like Khap Panchayats.
7. Contrary to popular belief, a UCC will not take away all the personal entitlements of an Indian
Muslim; it will only make those entitlements unenforceable in a court of law. Parties will still be
free to practise their religion as they like, though the legal enforceability attached to these
practices will be extinguished.

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PROBLEMS WITH PERSONAL LAWS

Christian Law - In India, Christians who seek to dissolve their marriage must seek a decree of Nullity
from the Roman Catholic Church, and also from the Court of law. The existence of two parallel
adjudicatory bodies for the same matter is not only inconvenient, but discriminatory to those belonging
to the Christian community. This discriminates against those belonging to the Christian community,
violating Article 14 and 15 of the Indian Constitution.

Also, if a Christian couple files for a divorce on the ground of mutual consent, they have to wait
through a 2-year separation period, unlike the 1-year separation permitted by the Hindu, Parsi, and
Special marriage Acts. This difference is in conflict with Article 14, 15 and 21 of the Constitution.

Hindu Law - The codification of Hindu law expanded the rights of women in matters of marriage,
maintenance, and inheritance. However, there are provisions of the Hindu laws that still remain archaic
and discriminatory.

1. Under Section 918 of the Hindu Marriage Act, 1955, a person has the right to approach the Court if
their spouse has withdrawn from their society without reasonable excuse. This provision is highly
discriminatory as it is a violation of Article 14, 1919 and 21.
2. The indirect gender discrimination of the law must not be ignored, as held by the AndhraPradesh
High Court in T Sareetha v. T Venkatasubbaiah20, that the remedy of restitution of conjugal rights
was largely used as an “engine of oppression to be operated by the husband for the benefit of the
husband against the wife.”
3. Unfortunately, the decision of the Supreme Court in Saroj Rani v. S.K. Chadha21 overturned this
judgement, making a notion that the sanctity of marriage is more important than individual
freedom and rights.
4. The Hindu Adoption and Maintenance Act, 1956, exhibits gender discrimination within Hindu
personal law concerning adoption. According to this law, only an unmarried woman has the right
to adopt a child. In contrast, a married woman cannot adopt independently; she can only provide
consent for adoption by her husband.

18
Section 9 Hindu Marriage Act,1955 - When either the husband or the wife has, without reasonable excuse, withdrawn from the society
of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being
satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted,
may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been a reasonable
excuse for withdrawal from the society, the burden of proving a reasonable excuse shall be on the person who has withdrawn from the
society.
19
Article 19
20
T Sareetha v. T Venkatasubbaiah
21
Saroj Rani v. S.K. Chadha
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On the other hand, a man can adopt in his name, subject to the consent of his wife (or wives, if
applicable). This discriminatory practice is in violation of Article 14 and 21 of the Constitution, as it
denies equal rights and treatment to women in adoption matters.

Muslim Law - The recent declaration of Triple Talaq as unconstitutional by the Supreme Court was a
positive step towards safeguarding the rights of Muslim women. However, discriminatory practices
still persist within Muslim personal law.

1. Polygamy, which is considered an offence under Section 494 of the Indian Penal Code, does not
apply to those governed by Sharia law. Islam allows Muslim men to have up to four wives
simultaneously, a practice that is discriminatory and violates Article 14 and 21 of the Constitution.
2. Islam's lack of a fixed marriageable age, relying on "maturity" or puberty as criteria, can
inadvertently permit child marriages, posing a significant concern.
3. Nikah Halala, a practice that forces a divorced woman to marry another man, consummate the
marriage, and then obtain a divorce before remarrying her former husband, is highly oppressive
and a grave violation of women's basic rights.
4. Muta Marriage, an archaic practice among Shia Muslims, permits temporary marriages with
pre-defined durations and dowries. Many aspects of Muta marriage discriminate against women,
violating their rights as guaranteed in Articles 14, 19, and 21 of the Constitution.
5. Moreover, Muslim law does not recognize the mother as the natural guardian of a minor, even
after the father's death, which further perpetuates discrimination. Addressing these discriminatory
practices is crucial for upholding the rights of Muslim women and ensuring their equality under
the law.

Parsi Law - The Parsi personal law lacks provisions for adoption, leaving childless Parsi couples with
no legal adoption options, potentially violating Article 21 of the Indian Constitution. It also establishes
Parsi Matrimonial Courts and grants appellate jurisdiction to the High Court, creating unnecessary
complications for Parsi community members.

1. The article argues that discriminatory provisions in personal laws hinder national progress and
infringe upon individuals' fundamental rights as guaranteed by the Constitution. It references the
Supreme Court's decision in Joseph Shine v. Union of India, which decriminalized adultery and
highlighted that laws perpetuating gender stereotypes undermine women's dignity.

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2. The article suggests that the principle of uniformity in criminal law, equally applicable to all
citizens, should extend to civil law matters. Implementing a Uniform Civil Code is proposed as a
solution to align family law with constitutional principles, eliminate conflicts in legal provisions,
and prevent discrimination in personal law matters.

SOME LEGAL CASES FOR THE ENFORCEMENT OF UCC

The Shah Bano Case In 1985- Shah Bano, a Muslim woman divorced through the Triple Talaq
system, filed a petition for maintenance under Section 12522 of the Code of Criminal Procedure (CrPC)
in India, which is applicable to all citizens regardless of religion. The Supreme Court ruled in her
favour, not only increasing her maintenance amount but also urging the Indian Parliament to establish a
Uniform Civil Code (UCC) as mandated by Article 44 of the Indian Constitution. The court expressed
disappointment over the lack of official efforts to create a common civil code and emphasized that this
responsibility rested with the state, not with individual communities. The decision highlighted that a
UCC would promote national integration by eliminating conflicting legal loyalties stemming from
diverse personal laws. It acknowledged the challenges in achieving consensus among people of
different faiths but stressed that it was the state's duty to enact a UCC for the benefit of all citizens,
highlighting the need for legislative competence and political courage to address this critical issue in
India.

Sarla Mudgal V. Union of India(1995)- In 1995, the cases of four petitions came before the court
under Article 32 where the husbands of three Hindu women had converted to Islam for the purpose of
entering into a second marriage, as bigamy is prohibited in Hindu law.

It was held that conversion into Islam just for the purpose of having a bigamous marriage was in
contravention of Section 49423 of the Indian Penal Code. The Bench also strongly advocated the
introduction of a Uniform Civil Code in India.

22
Section 125 of CrPC-Order for maintenance of wives, children and parents.(1) If any person having sufficient means neglects or refuses
to maintain-(a) his wife, unable to maintain herself, or(b) his legitimate or illegitimate minor child, whether married or not, unable to
maintain itself, or(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by
reason of any physical or mental abnormality or injury unable to maintain itself, or(d) his father or mother, unable to maintain himself or
herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the
maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such
Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may
order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is
satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.
23
Section 494 IPC - Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case
in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine.
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Lily Thomas V. Union of India (2000)-In this case, Lily Thomas was the petitioner on behalf of a
woman named Sushmita Ghosh whose husband had converted into Islam so that he could marry
another woman, as polygamy is prohibited in Hindu law but allowed in Islam. She urged the court to
declare polygamy in the Muslim law unconstitutional. The need for a Uniform Civil Code was also
advocated and the law laid down in the Sarla Mudgal case was upheld by the Court.

John Vallamattom V. Union of India (2003)-The case challenged Section 118 of the Indian
Succession Act, which restricted property donations for charitable and religious purposes by Indian
Christians. The Court declared Section 118 unconstitutional and highlighted Article 44's mandate to
establish a UCC.

Shayara Bano V. Union of India (2017)-Shayara Bano, a woman divorced through the Triple Talaq
system by her husband, filed a Writ petition in the Supreme Court, challenging the constitutionality of
three practices: talaq-e-bidat (Triple Talaq), polygamy, and nikah-halala. The Court ruled in her favour,
declaring Triple Talaq unconstitutional.Subsequently, the Muslim Women (Protection of Rights on
Marriage) Act was passed in 2019, with a retrospective effect from September 19, 2018, criminalising
the practice of Triple Talaq. Under the Act, aggrieved women can seek maintenance for their dependent
children. This landmark judgement aimed to protect the rights of Muslim women in marriage and
eliminate arbitrary personal laws.

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THE 2nd DEO MANGAL MEMORIAL NATIONAL MOOT COURT COMPETITION

3. Whether the non-issuance of the Birth Certificate for the child born from a LGBTQIA
couple is violation of the Child’s right by the state?

1. The non-issuance of a birth certificate for a child born to LGBTQIA (Lesbian, Gay, Bisexual,
Transgender, Queer/Questioning, Intersex, Asexual/Agender) parents potentially constitutes a
violation of the child's rights by the state. This includes the child's right to identity and legal
recognition. Birth certificates hold the crucial function of bestowing legal identity and rights upon
individuals. Denying this document based on the sexual orientation or gender identity of the
child's parents is discriminatory and runs counter to established legal principles.
2. In the landmark case of National Legal Services Authority (NALSA) v. Union of India (201424),
the Supreme Court of India recognized transgender individuals as a third gender and affirmed their
right to self-identify their gender. This case underscored the principle of non-discrimination and
the imperative to safeguard the rights of marginalised communities. The refusal to issue a Birth
Certificate to a child born to LGBTQIA parents can be perceived as discriminatory and at odds
with the spirit of the NALSA judgement.
3. Every child possesses an inherent right to identity, encompassing their name, nationality, and
family relations. Birth registration and the issuance of a birth certificate are fundamental facets of
establishing a child's identity. These certificates serve as official documents that acknowledge the
child's existence, parentage, and citizenship.
4. The state's refusal to issue birth certificates solely based on the sexual orientation or gender
identity of a child's parents constitutes clear discriminatory treatment. This differentiation, solely
rooted in the parents' sexual orientation, lacks fairness and is in direct contravention of
constitutional principles. Such denial of birth certificates for children born to LGBTQIA couples is
a violation of Article 14 of the Constitution. This standpoint aligns with the 2018 Supreme Court
case of Navtej Johar v. Union of India25, where homosexuality was decriminalised, affirming the
fundamental rights of equality and non-discrimination.
5. When a state refuses to issue a birth certificate for a child born to LGBTQIA parents, it effectively
deprives that child of legal recognition and the right to an identity. This denial can have profound
and enduring ramifications for the child's access to various rights and services, including
education, healthcare, inheritance, and citizenship.

24
National Legal Services Authority (NALSA) v. Union of India (2014)
25
Navtej Johar v. Union of India,
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6. Article 21 of the Indian Constitution guarantees the right to life and personal liberty, encompassing
the right to a dignified life. The denial of a birth certificate can have severe consequences for the
child's future, impacting their access to education, healthcare, and various other rights and services
7. The absence of a birth certificate can lead to the child's exclusion from school enrollment,
vaccination programs, and even citizenship rights. It can perpetuate a cycle of invisibility and
marginalisation, denying the child the opportunity to live a dignified life. This deprivation of
fundamental rights infringes upon the child's Article 21 rights.
8. In KS Puttaswamy v. Union of India (2017)26, commonly known as the Aadhaar case, the
Supreme Court recognized the importance of protecting an individual's informational privacy,
which includes personal identity and information.
9. Article 15 of the Indian Constitution reinforces the principle of non-discrimination. It prohibits
discrimination on grounds of religion, race, caste, sex, or place of birth. Denying a birth certificate
to a child born to LGBTQIA parents qualifies as discrimination based on sex and possibly other
grounds, such as gender identity.
10. The denial of a birth certificate effectively denies the child access to essential rights and services
that are otherwise available to children born to heterosexual couples. This unequal treatment based
on the sexual orientation or gender identity of the child's parents is a violation of Article 15 and
the child's right to equal treatment under the law.
11. International human rights instruments, such as the United Nations Convention on the Rights of
the Child (CRC), emphasise the importance of protecting children's rights, regardless of the
circumstances of their birth or the identity of their parents. The CRC recognizes the right of every
child to be registered immediately after birth and to have their identity documented.
a. The United Nations Convention on the Rights of the Child (CRC) is a landmark international
treaty adopted by the United Nations General Assembly in 1989. It sets out the civil, political,
economic, social, and cultural rights of children and is one of the most widely ratified human
rights treaties in the world. One of the fundamental principles of the CRC is the recognition that
children are rights holders, and their rights should be protected and respected by governments and
societies.
b. One of the key provisions of the CRC, as mentioned in your statement, emphasizes the importance
of protecting children's rights regardless of their circumstances of birth or the identity of their
parents. This principle is rooted in the belief that every child, regardless of their background,

26
KS Puttaswamy v. Union of India (2017)
32
 deserves to be treated with dignity, respect, and equality.

MEMORIAL ON BEHALF OF THE PETITIONER

THE 2nd DEO MANGAL MEMORIAL NATIONAL MOOT COURT COMPETITION

c. Right to Be Registered Immediately After Birth, Article 7 of the CRC recognizes the child's right
to a name, the right to acquire a nationality, and the right to know and be cared for by their parents.
It mandates that every child has the right to be registered immediately after birth and to have their
birth registered. Birth registration is not just a bureaucratic formality; it is a crucial step in
ensuring a child's access to other rights, such as education, healthcare, and protection from
exploitation and trafficking.
d. Right to Identity,Article 8 of the CRC states that children have the right to preserve their identity,
including their nationality, name, and family relations. This right is significant because it helps
safeguard children from identity theft, illegal adoption, and other forms of exploitation. It also
recognizes the importance of a child's cultural and social identity.
e. Best Interests of the Child, The CRC establishes the principle that the best interests of the child
should be a primary consideration in all actions and decisions concerning children (Article 3). This
principle guides policymakers, judges, and other authorities in making decisions that affect
children's lives.
f. Non-Discrimination, The CRC prohibits discrimination against children on various grounds,
including birth or other status (Article 2). This means that children should not face discrimination
based on circumstances related to their birth, such as being born out of wedlock or to parents of
different nationalities.
g. The non-issuance of a birth certificate can lead to the child's exclusion from essential services and
benefits that are contingent upon legal recognition. This includes challenges in enrolling the child
in school, obtaining healthcare services, and accessing government assistance or entitlements.
12. Refusing to issue a birth certificate in cases involving LGBTQIA parents may constitute
discrimination based on their sexual orientation or gender identity. Such discrimination is
incongruent with the principles of equality and non-discrimination upheld in international human
rights law.
13. From a legal standpoint, these refusals could face legal challenges, with courts potentially
deeming them as violations of the child's rights. Legal arguments may centre on the child's right to
identity, non-discrimination, and equal protection under the law.
14. In conclusion, the refusal to issue a birth certificate to a child born to LGBTQIA parents amounts
to a violation of the child's fundamental rights, including the right to identity and legal recognition.
This issue highlights concerns surrounding discrimination, exclusion from vital services, and
potential legal complications. Upholding the rights of all children, irrespective of their birth

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 circumstances, is imperative to safeguarding principles of equality and human rights.

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4. Whether the Constitutional power of the Court to frame laws has led to the scenario where
Legislature has become the Executive wing of the Judiciary?

1. The Constitution of a nation is the supreme law, and the judiciary's role is to interpret and uphold it,
including determining the constitutionality of laws and executive actions. Judicial review is a
constitutional duty aimed at ensuring adherence to constitutional principles and values, not an
encroachment on other branches of government.
2. The primary reason for empowering the judiciary with the power to interpret laws is to maintain
fidelity to the Constitution. When the legislature or executive overstep constitutional bounds or pass
laws that violate fundamental rights, it is the judiciary's responsibility to rectify these transgressions
without diminishing the legislature's role.
3. The doctrine of separation of powers does not imply absolute isolation but rather a system of checks
and balances to prevent abuses of power. The judiciary's power to frame laws through interpretation
serves as a critical check on the legislative and executive branches.
4. In sum, the judiciary's power to frame laws through interpretation is a harmonious component of the
democratic system, ensuring government accountability, protecting rights, and maintaining
constitutional integrity.
5. When legislative inaction occurs, it can lead to policy gridlock, injustice, or constitutional rights
violations. This inaction may result from political polarisation, special interests, or a lack of consensus
among lawmakers. In such cases, the judiciary has stepped in to protect rights, as seen in the delayed
Women's Reservation Bill.
6. Issues involving personal laws and religious practices can be sensitive, and legislators may be cautious
about offending religious or cultural sentiments when enacting reforms. The Sabarimala temple entry
case exemplified the challenges in balancing religious practices with gender equality.
7. Judicial activism, though not lawmaking per se, often results in the creation of new legal principles or
precedents. Courts address critical issues, set legal standards, and establish guidelines in the absence of
specific legislation.
8. Judicial activism plays a significant role in issues related to the Uniform Civil Code (UCC), LGBTQ+
rights, and fundamental rights violations in India. The judiciary's role is crucial in protecting
fundamental rights when legislative and executive branches fall short.
9. The Indian Constitution grants fundamental rights, including equality and non-discrimination. When
these rights are violated, citizens turn to the judiciary, which has expanded the scope of Public Interest

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 Litigations (PILs) to address social issues, including LGBTQ+ rights and gender equality

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THE 2nd DEO MANGAL MEMORIAL NATIONAL MOOT COURT COMPETITION .

10. Public Interest Litigation (PIL) has become essential in addressing government arbitrariness and issues
like the Uniform Civil Code (UCC) and LGBTQ+ rights violations.
11. The separation of powers doctrine is about maintaining checks and balances, not absolute isolation of
powers. The judiciary's exercise of powers is necessary when the legislature fails to act in the best
interests of the people or violates constitutional principles.
12. Historical cases in India showcase the judiciary's intervention leading to significant legal and social
reforms, highlighting its role in preserving the balance of powers and protecting individual rights and
the rule of law.
● Vishaka v. State of Rajasthan (1997)27:In this landmark case, the Supreme Court of India formulated
guidelines to address sexual harassment of women in the workplace. The government had not enacted
any specific legislation to deal with this issue, and the judiciary's intervention resulted in the
establishment of a legal framework for preventing and addressing workplace harassment.
● M.C. Mehta v. Union of India (1987)28:This case is often referred to as the "Oleum Gas Leak Case." It
involved a gas leak from the Shriram Food & Fertilizer plant in Delhi. The government's response was
deemed inadequate, and the judiciary stepped in to protect the citizens' right to a clean environment.
This case led to the strengthening of environmental laws and the concept of "absolute liability" for
hazardous industries.
● Lalita Kumari v. Government of Uttar Pradesh (2014)29:This case highlighted the issue of police
inaction in registering First Information Reports (FIRs) in criminal cases. The Supreme Court issued
guidelines to ensure prompt registration of FIRs, emphasising the government's duty to provide speedy
justice to citizens.
● Naz Foundation v. Government of NCT of Delhi (2009)30:This case challenged the validity of Section
377 of the Indian Penal Code, which criminalised consensual same-sex relations. The Delhi High
Court, in its judgement, decriminalised homosexuality. While this decision was eventually overturned
by the Supreme Court in 2013, it laid the foundation for subsequent legal battles that eventually led to
the decriminalisation of homosexuality in India in 2018 (Navtej Singh Johar v. Union of India).
● Roe v. Wade (1973)31:Although not an Indian case, it's worth mentioning as it's a landmark example of
judicial intervention. In the United States, Roe v. Wade established a woman's legal right to abortion.
The government had not addressed this contentious issue comprehensively, and the judiciary's

27
Vishaka v. State of Rajasthan (1997) -
28
M.C. Mehta v. Union of India (1987) -
29
Lalita Kumari v. Government of Uttar Pradesh (2014) -
30
Naz Foundation v. Government of NCT of Delhi (2009) -
31
Roe v. Wade (1973) -
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 intervention set a legal precedent.

MEMORIAL ON BEHALF OF THE PETITIONER

THE 2nd DEO MANGAL MEMORIAL NATIONAL MOOT COURT COMPETITION

13. These cases illustrate how the judiciary has played a critical role in India when the government failed
to fulfil its duties or enact necessary legislation. In each instance, the judiciary's intervention resulted in
significant legal reforms and had a lasting impact on the legal and social landscape of the country.
These cases demonstrate the judiciary's role as a protector of citizens' rights and as a force for social
justice when other branches of government do not adequately fulfil their responsibilities.
14. From the perspective of a petitioner advocating for the implementation of a Uniform Civil Code
(UCC), it is essential to acknowledge that the power of the court to frame laws has not led to the
scenario where the legislature has become the executive wing of the judiciary. Instead, the judiciary's
role in framing or interpreting laws, particularly in cases related to personal laws and fundamental
rights, serves as a vital mechanism to ensure the protection of constitutional principles and individual
rights.

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PRAYERS

Wherefore in the light of the issues raised, arguments advanced and authorities cited, it is humbly requested
that this Hon‟ble Court may be pleased to adjudge and declare:

● The writ petition filed as maintainable,

● The Uniform Civil Code doesn’t violate the fundamental rights and personal rights guaranteed under
the Constitution of Aryavart.
● The non-issuance of a birth certificate for a child born to LGBTQIA couples amounts to a violation of
the child's rights by the State.
● The Constitutional power of the Court to frame laws has not led to the scenario where Legislature has
become the Executive wing of the Judiciary?

And pass any such order, other order that it deems fit in the interest of Justice, Equity and Good Conscience.

And for this, the Petitioner as in duty bound, shall humbly pray.

COUNSEL ON BEHALF OF THE PETITIONER

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