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TEAM CODE:
CHRIST ACADEMY INSTITUTE OF
LAW
8 TH INTRA-CLASS MOOT COURT
COMPETITION 20201
IN THE HON’BLE SUPREME COURT OF INDIA
AT BHARAT
~~ No.____/20^
In Matter of
Article 14, 21 and various other FUNDAMENTAL RIGHTS OF THE
CONSTITUION, 2021
MY BODY MY CHOICE,
S. GARVITA PRASAD
(Speaker 1)
SHREEYA BISWAS
(Speaker 2)
CLARENCE MATHIAS
( Researcher )
vs.
TABLE OF CONTENTS
GOVERNMENT OF BHARAT (RESPONDENT)
BEFORE SUBMISSION TO HON’BLE CHIEF JUSTICE
AND HIS COMPANION JUSTICES
OF THE HON’BLE SUPREME COURT OF INDIA
MEMORIAL FOR THE RESPONDENT
MEMORANDUM ON BEHALF OF THE {PETITIONER}
Memorandum in behalf of {Petitioner}
LIST OF ABBREVIATIONS
SC Supreme Court
AIR All India Reporter
Ori Orissa
Mad Madras
All Allahabad
Cal Calcutta
IC Indian Cases
Del Delhi
Cr. LJ Criminal Law Journal
SCR Supreme Court Reporter
SCJ Supreme Court Journal
Memorandum in behalf of {Petitioner}
LIST OF ABBREVIATIONS
INDEX OF AUTHORITIES
A. CASES CITED
1. Dr. Devendra Pratap Singh and Ors. vs Union of India Through Secy on 8 July
2. K. K. Ramesh vs National Human Right Commission on 26 March 2019
3. Shailesh Kumar vs The State of Bihar on 11 Jan 2017
4. VadlaMani Srinivas vs Union of India, Ministry of finance, New Delhi and two
others on 12 Feb 2013.
5. Xavier's Residency vs The State of Kerala on 27 August 2014
6. Saji Cheriyan vs The State of Kerala on Feb 11 2012
B. BOOKS AND TREATISES
1. Recent and landmark case law by A Panel of Authors.
2. Supreme court cases: A collection of judgements by Lewis Glover Pray, Edward
Robert Cameron.
C. DICTIONARIES AND LAW LEXICONS
1. Oxford Dictionary
2. Yourdictionary.com
3. dictionary.law.com
D. LEGAL DATABASES
1. Manupatra
2. SCC Online
3. Westlaw
4. LexisNexis
E. LEGISLATIONS
Right to freedom and movement
Right to liberty
Right to speech and expressions
Right to Health and choice
Right to employment and livelihood
Memorandum in behalf of {Petitioner}
INDEX OF AUTHORITIES
SYNOPSIS OF FACTS
Government of Bharat used various number of methods to campaign against vaccine
hesitancy. Bharat is the second most populous state in the world with a population of 1.
billion. the coronavirus had
an unimaginable impact wherein 4lakh people lost their lives to the pandemic. Though there
was an imposition of lockdown which a temporary solution which led to crippling economy
of the country.
The UNITED NATIONS ORGANIZATIONS in the month of February 2021 approved
COVISAFE for 'emergency use ’. There was also possible inefficacy of the vaccines to
newer muted variants of the virus. There were also concerns raised about the data provide
was insufficient about the studies conducted till date. As per the leading medical journal,
hasty and unplanned inoculation of the masses could have several potential health hazards in
the long run. the government of Bharat gave emergency approval for the administration of
COVISAFE vaccine to prevent the further spread of the corona virus. The approval was
given only on the data basis which was provided to the government of Bharat, which was
insufficient.
There was large no. of vaccines hesitancy amongst the public. there were unverified reports
of COVISAFE causing blood clotting and pulmonary issued in the body especially in those
persons who had heart ailments.
During June 2021 government issued a press release wherein they admitted that the
administration of vaccine had a few fatalities but maintained that the side effects outweighed
the larger benefits of vaccination. Due to some of the back drop’s government passes a statute
called as corona administration of vaccines act (cava) to fight against covid 19 pandemic.
various sections were released which were against the fundamental rights of the constitution.
The pleadings having been completed; the case is set out for Final
Hearing via video conference. Parties are at liberty to raise
additional issues.
Memorandum in behalf of {Petitioner}
SYNOPSIS OF FACTS
SUMMARY OF
ARGUMENTS
Issue 1
1. WHETHER THE CORONA ADMINISTRATION OF VACCINES ACT,2021, HAS
VIOLATED THE VARIOUS FUNDAMENTAL RIGHTS OF THE CONSTITUTION?
ISSUE 2
2. IS THE IMPOSITION OF THE STATUE CAVA AND ADMINISTRATION COVISAFE
VACCINES BY THE GOVERNMENT OF BHARAT IS A RIGHT DECISION OR NOT?
ISSUE 3
3. WHETHER THE CENTRAL GOVERNMENT HAS THE AUTHORITY TO TAKE
DECISION UPON THE VARIOUS FUNDAMENTAL RIGHTS AND MATTER OF PUBLIC
HEALTH AGAINST THE WILLINGNESS OF THE PUBLIC AND ALSO THE FREEDOM
OF THE CITIZENS TO UTILIZE THEIR RIGHTS?
Memorandum in behalf of {Petitioner}
SUMMARY OF ARGUMENTS
ARGUMENTS
ADVANCED
ISSUE 2
HOWEVER, IF ANY COMPULSORY VACCINATION DRIVE IS COERCIVE BY ITS VERY NATURE AND
SPIRIT, IT ASSUMES A DIFFERENT PROPORTION AND CHARACTER,”
THE COURT ALSO CONSIDERED WHETHER THE GOVERNMENT CAN RESTRICT SUCH RIGHTS
THROUGH A SIMPLE NOTIFICATION OR AN ORDER, INSTEAD OF A “LAW”.
“IN THIS CASE, THERE IS A CLEAR LACK OF LEGITIMACY IN PROHIBITING FREEDOM OF
CARRYING ON ANY OCCUPATION, TRADE OR BUSINESS AMONGST A CERTAIN CATEGORY OR
CLASS OF CITIZENS WHO ARE OTHERWISE ENTITLED TO DO SO, MAKING THE
NOTIFICATION/ORDER ILL- CONCEIVED, ARBITRARY AND/OR A COLOURABLE EXERCISE OF
POWER,” IT OPINED.
IN CONCLUSION ‘FORCED’ COVID VACCINATION VIOLATES FUNDAMENTAL RIGHTS,
Memorandum in behalf of {Petitioner}
ARGUMENTS
ADVANCED
ISSUE 2
ISSUE 2
IS THE IMPOSITION OF THE STATUE CAVA AND ADMINISTRATION COVISAFE
VACCINES BY THE GOVERNMENT OF BHARAT IS A RIGHT DECISION OR NOT?
In the year 2020 India reported the first confirmed case of the coronavirus infection on 30th
January 2020. Bharat is the second most populous state in the world with a population of
1.36 billion. The corona virus had an unimaginable impact on the entire world. In Bharat
alone more than 4 lakh people lost their lives to the pandemic. To curb the increase in the
case of the coronavirus, government-imposed lockdown in the whole country but it was just a
temporary solution considering the impact upon the already crippling economy of the
country. Every person was dutifully made aware to get vaccinated against covid 19 virus in
order to defeat the pandemic. Various numbers of methods were adopted by the state of
Bharat such caller tunes, messages, television advertisements, radio announcements, posters,
etc., to campaign against vaccine hesitancy.
Due to the increase in the Covid 19 cases the United Nations Organizations approved a
vaccine known as Covisafe for ‘emergency use’ in the month of February 2021. There were
few concerned raised about inefficacy of the vaccines to the newer mutated variants of the
virus, also the data provided was insufficient about the studies conducted till date. According
to the medical journal, the unplanned inoculation and insufficient data could lead several
more health hazards in the long run.
Inspite of all the concerned raised by the expertise, the government of Bharat gave an
emergency approval for the administration of CoviSafe vaccine to prevent the further spread
of the corona virus. As mentioned by the scientist above there was unplanned inoculation of
the masses that could have caused several potential health hazards in the long run, of which
the effects were seen in the people as there were some reports released that said the vaccine is
causing blood clotting and pulmonary issues in the body especially in those persons who had
heart ailments.
Now the question is whether the imposition of CAVA act and the CoviSafe vaccine is right or
not. Hence, according to the research the imposition of the CAVA act and CoviSafe vaccines
is a wrong decision by the government and unsafe for the public. The reasons to justify the
answer would be:
The data which was provide to the government was insufficient and still the
government had approved the CoviSafe knowing the fact that it would cause several
health issues to the public.
When the cava was imposed several sections were released in which it violated the
fundamental rights of the public.
Memorandum in behalf of {Petitioner}
PRAYER
Wherefore, in the light of the facts of the case, issues raised, arguments advanced and
authorities cited, this Hon’ble court may be pleased to:
1. To strike down the CAVA Act passed by the government of Bharat which is in
complete violation of article 21,14,19 of the Indian Constitution.
AND/OR
Pass any other order that it deems fit in the interest of Justice, Equity and Good Conscience.
And for this, the Petitioner shall as in duty bound, forever humbly pray.
Counsels for the Petitioner
Memorandum in behalf of {Petitioner}
PRAYER
