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ABOUT VIT
VIT was established with the aim of providing quality higher education on par with
international standards. It persistently seeks and adopts innovative methods to improve the
quality of higher education on a consistent basis. The campus has a cosmopolitan atmosphere
with students from all corners of the globe. Experienced and learned teachers are strongly
encouraged to nurture the students. The global standards set at VIT in the field of teaching
and research spurs us on in our relentless pursuit of excellence. In fact, it has become a way
of life for us. The highly motivated youngsters on the campus are a constant source of pride.
Our Memoranda of Understanding with various international universities are our major
strength. They provide for an exchange of students and faculty and encourage joint research
projects for the mutual benefit of these universities. Many of our students, who pursue their
research projects in foreign universities, bring high quality to their work and esteem to India
and have done us proud. With steady steps, we continue our march forward. We look forward
to meeting you here at VIT.
VIT Law School, the progeny of VIT University has entered the legal in 2014, aiming at high
goals to be achieved. The Law School aims to impart quality legal education to nourish the
young minds with knowledge of law, teach them the nuances of the legal profession and
equip them to the nitty gritty of the profession. VIT law school believes in continuous and
active learning simultaneously with practical training. Legal Education is not just mastering
of the subject or the varied provisions of the law. It is the overall development of an
individual into a legal professional. Studying law in VIT is a unique experience as there is a
blend of all features of quality education. The course has been structured in such a way that
the students can opt to have a specialised knowledge and insight in the particular branch they
are interested in along with overall knowledge in all other subjects. This gives them edge
over other under graduates which is imperative in this competitive world.
In VIT Law School, Knowledge oriented approach takes the lead over memory based
learning and evaluation. The course is designed to encourage the mooting abilities, oratorical
skills, interpretative and analytical skills of the budding lawyers by conducting weekly
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seminars, frequent Moot court trainings, court visits, etc. The syllabus has been framed so as
to give importance to theory and practical aspects to meet the rigorous demands set by the
legal profession. The evaluation system in VIT also signifies a shift from the contemporary
pattern wherein testing of the memory skills is predominant in various Law schools. Problem
Based Learning has been embedded in the course and the evaluation of the student will also
be on the above said lines. This induces them to analyse various provisions of law, interpret
the case laws and apply them to solve the question of law thereby preparing them for the
different facets of the profession.
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TABLE OF CONTENTS
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Ms. X
versus
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MOOT PROPOSITION
1. The boom in surrogacy in Indiva commenced ten years ago. Foreign nationals
preferred Indiva as a convenient place for surrogacy. This was a result of the
inexpensive procedure available at Indiva. The absence of legislation for surrogacy
resulted in the use of agreements to regulate the terms and conditions of the
surrogacy, with the aid of hospitals. There were few, like the Evvy Hospital and
Research Centre (EHRC) that were reliable in their care and treatment of parties
involved in the surrogacy agreement.
3. It has to be noted that Indiva had no legislation during the boom period (2009) to
regulate surrogacy, and adoption was streamlined based on the religion of the couple
involved.
Facts of the Case:
4. In the present case, Mr. and Mrs. Y were married in 1998 in India, in a traditional
Hindu wedding and have been living in Australia since 2005. They are now desirous
of having a child, as a result of infertility issues that plagues both of them. Aware of
the changes brought about in the Surrogacy Act, 2016, they approach their blood
relatives to act as the surrogate mother. They are unable to convince blood relatives to
carry their child. Women on both sides of the family were unwilling to carry a child
that belongs to Mr. Y., as it is against the customary practices of the community and is
understood to be borderline incest. Mr. and Mrs. Y have gone as far as possible in the
line of distant cousins, with no success in receiving acceptance of a surrogate mother
for their child.
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5. This means that they are not certain on who the surrogate mother is, and are willing to
provide for all expenses towards the health and welfare of the surrogacy mother. The
reputation of EHRC attracted Mr. and Mrs. Y. They got in touch with EHRC through
Ms. X, an adopted child of Mr. Y‟s mother‟s first cousin. Mr. and Mrs. Y then speak
to a series of doctors at the EHRC before flying down from Australia for an
appointment with Dr. K. Dr. K and Mr. and Mrs. Y speak, negotiate and agree on the
following terms and conditions as part of the Surrogacy Agreement, should a suitable
and willing surrogate mother be available at any point of time:
a) Cost of procedure for IVF (standard rate) Rs. xxxxx
b) Cost of procedure for every unsuccessful attempt at IVF (standard rate) Rs. xxxxx
c) Cost of medicines for the surrogate mother (standard rate) Rs. xxxxx
d) Cost of hospital visits for the surrogate mother, per session (standard rate) Rs.
xxxxx
e) Cost of tests required for surrogate mother (standard rate) Rs. xxxxx
f) Costs of scans required, per session (standard rate) Rs. xxxxx
g) Cost of room and ancillary charges including meals, water, etc. during child birth
Rs. xxxxx
h) Cost of recuperation Rs. xxxxx
i) Cost of surrogate being unable to work during duration of pregnancy Rs. Xxxxx
j) Insurance coverage for sixteen months for surrogate mother covering post partum
delivery complications Rs. xxxxx
k) Miscellaneous expenses to be paid according to the exact billed amount. Rs.
xxxxx
6. The couple were specific that the surrogate will not work during the entire duration of
pregnancy, beginning from the success of the IVF upto six months post-delivery.
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8. Ms. X, aged about 33 years old and an employee of EHRC was approached by Dr. K.
to carry the child for Mr. and Mrs. Y. Ms. X shows her willingness to be the surrogate
mother. Ms. X had a daughter of her own as a first child who had been delivered as a
healthy baby girl. This positive experience motivated her to say yes to this surrogate
agreement. She had not met Mr. Y before in her growing up years; however her recent
interactions with him have been warm and cordial. She was also delighted to get time
off work and spend time with her extended family.
9. As Ms. X is unable to read English, the terms were read out to her and translated
wherever she asked for, in her vernacular language. She clarifies various details
regarding the agreement including the terms relating to cost and risk involved in the
surrogacy. After finalizing the contractual terms and conditions both parties signed the
agreement.
10. The week before the scheduled date for commencement of the medical procedure, Ms.
X makes a request to Mr. and Mrs. Y to help, if possible, her daughter who will be in
Australia for the duration of six months, as part of a „School Student Foreign
Exchange Program.‟ But Ms. X was willing to pay for the expenses towards her
daughter‟s stay as it was sponsored by the International School and an external
funding agency. Mr. and Mrs. Y oblige, as they have been engaged in similar kinds of
benevolent work in the past, especially when children of relatives and friends have
come in the past to visit, work or study in Australia.
11. Both parties then approach the appropriate authority under the Surrogacy Act, 2016.
The surrogate mother for an eligibility certificate, which is granted within thirty days;
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and the intending couple for a certificate of proven infertility in favor of both of them
from the District Medical Board in Delta, Indiva, which stands granted too.
12. Once the IVF rounds commence, good news arrives fast as the IVF is successful in
the first round. Three month thereafter, Ms. X goes on unpaid leave from her
employer, till childbirth and six months thereafter as per the terms of the agreement.
13. Early on in the pregnancy, Ms. X grows attached to the baby, emotionally. More so, as
the child is physically related to her. As time goes by, her anxiety of separation from
the unborn child grows. In her fifth month of pregnancy, she expressed her request of
being unable to continue with the pregnancy as a result of mental health issues, to Dr.
K in one of her scheduled appointment. She said that she does not want to continue
with the pregnancy, and wants an abortion. On probing further, Dr. K was able to
bring out the real reason that Ms. X wants to keep the baby and the excuse of having
an abortion was only to get away from the hospital and the city to raise the baby by
herself. Dr. K tried to reason with her, but to no avail. She was left with no other
choice than to speak with the intending couple.
14. The intending couple were distraught at the turn of events and tried their level best to
convince her otherwise. They flew down to India and make the proposition to pay her
money in lieu of her pregnancy. When the outcome is not what they desired, they
decide to commence talks another day. However, even after numerous meetings the
outcome ended in a deadlock, with the last meeting held on August 2nd concluding in
heated arguments between the intending couple and Ms. X.
15. With the failure of talks, Ms. X. was asked to join her employer EHRC back
immediately. She resumed her duties at EHRC the next day. After joining she was
continuously harassed with extra work, cold attitude of workers and being summoned
by her superiors on a daily basis with complaints. She was also repeatedly summoned
by Dr. K and asked to reconsider and reconcile the matter.
16. Ms. X finally decided to go to court to stop the harassment. She files a suit for
harassment and seeks compensation of five lakhs rupees. During pendency of this
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case, she also files a case before the High Court of Delta at Indiva under the
Surrogacy Act, 2016 claiming that this was a commercial surrogacy and praying for
punishment for the intending couple and EHRC.
17. This case has come up before the High Court of Delta at Indiva, and the matter is
listed for final arguments
18. The laws and Constitution of Delta, Indiva are in pari materia and similar to that of
Republic of India on surrogacy.
19. Ms. X prays for the surrogacy agreement to be treated as a commercial surrogacy and
for the relief of punishment for initiation of commercial surrogacy, with the additional
relief of legal and physical rights over the child.
20. Mr. and Mrs. Y pray that this was not a commercial surrogacy and that the surrogacy
agreement violated. They pray for fulfillment of the contractual obligations.
Issue to be addressed:
1. Challenge the eligibility certificate issued by the Appropriate Authority based on
„close relatives.‟
2. Challenge the stand of „Commercial surrogacy‟ taken by Ms. X.
3. Enforceability of the Surrogacy Agreement between Ms. X. and Mr. and Mrs. Y under
section 6, Surrogacy Act, 2016.
Note: Teams are advised to frame additional issues, if any, based on the Factual and
Legal aspects.
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2. LANGUAGE
The Competition shall be conducted in English language only.
3. ELIGIBILITY
The Competition is open for students pursuing three or five-year LL.B Degree Course
from any recognized College/University/Law School subject to the fulfilment of
registration formalities.
4. TEAM COMPOSITION
4.1. Each Team shall consist of a minimum of two members and a maximum of three
members.
4.2. Every Team shall consist of two speakers and a maximum of one researcher.
5. REGISTRATION
5.1.Teams from each Participating Institution are requested to fill the Registration Form
and Travel Details at https://forms.gle/b5vKtNtUFykj5bPa6 in order to confirm their
participation.
5.2.The registration fees shall be Rs. 2500/- per team.
5.3. Teams will be registered upon receipt of online payment or the Original DD (Rs.
2500/-)
Online Payment Details
A/c Name: LAW SCHOOL EVENTS CLUB
A/c : 6377709730
Bank : Indian Bank
IFSC : IDIB000V098
DD infavor of “Vellore Institute of Technology”, payable at Chennai.
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5.4. Teams which are registered according to Rule 5.3 will be provided with a Team
Code, which will be intimated to the official E-mail ID.
5.5.The details provided in the registration form shall be final for the purposes of
certificates and awards.
5.6. Team shall not be allowed to change the speakers and the researcher after
registration
7. ORAL ROUNDS
7.1. The student counsels shall not state their names during Oral rounds, and must use
their Team Code assigned to the Team.
7.2. There shall be two preliminary rounds, a quarter final round, a semi-final round
and a final round. If the number of Teams participating is less than 12, there shall
be no quarter final round.
7.3. During the Oral Rounds:
7.3.1. Each Round will take place for a total of ninety (90) minutes. Applicant/s and
Respondent/s are each allotted forty-five (45) minutes.
7.3.2. The Team may not allocate more than twenty-five (25) minutes, including
rebuttal or surrebuttal, to either Oralist.
7.3.3. Time allocated but not used by one Oralist may not be used by another
Oralist, or in rebuttal or surrebutal.
7.3.4. Judges may, at their discretion, extend total Team argument beyond the forty-
five (45) minute allocation.
7.3.5. Each Team may reserve up to ten (10) minutes for rebuttal or surrebuttal.
7.3.6. The arguments should be confined to the issues presented in the memorial.
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7.3.7. The Researcher needs to be present with the Oralists during the oral
arguments.
7.3.8. The Researcher is not allowed to pass notes to the Speaker during the
Rounds. Maximum scores for the Oral Rounds shall be 100 points per
speaker.
7.3.9. The Oral Rounds shall be judged on the following criteria:
i. Knowledge of Law: 20 points
ii. Application of Law to Facts: 20 points
iii. Ingenuity and ability to answer questions: 20 points
iv. Style, Poise, Courtesy and Demeanor: 20 points
v. Time Management: 10 points
vi. Organization: 10 points
7.4. Only the Oral Communications described in Rule 7.3 are permitted. In particular, no
written communication or exhibits may be presented or delivered by any Team member
to any Judge or Court Officer during the oral rounds
7.5. Oral Courtroom Communication and Activity at the Counsel Table – Communication at
the Counsel Table between Team Members may only be in writing to prevent disruption.
Team and Team-affiliated spectators shall avoid all unnecessary noise, outbursts, or other
inappropriate behaviour which distracts the Court from the arguments in progress. Any
such incident, if reported by the presiding Judges, shall lead to disqualification.
7.6. Written Courtroom Communication – Written Communication during the Oral Rounds
shall be limited to the Team members sitting at the counsel table. No other written
communication may take place between any combination of the following parties:
judges, the oralist, Team Members sitting at the counsel table, or spectators (including
Team Members sitting in the audience). Violation of the Rule will lead to
disqualification.
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8.4. All efforts will be made to ensure that no Team faces the same Bench more than
once.
8.5. The Quarter Final Rounds shall be based on ranks obtained in the Preliminary
Round. The Top 8 Teams which have the highest aggregate Memorial Scores and
Preliminary Oral Rounds scores shall qualify for the Quarter Final Rounds.
8.6. In case of tie, in the Preliminary Oral Round the highest Oral Round score will be
the determinant factor to resolve the tie.
8.7. The Top 4 Teams which have the highest Quarterfinal Oral Round score will
qualify for the Semi-Finals. Memorial Scores will not be included while
calculating the Quarter Final scores except in case of Tie.
11. MEMORIALS
The following guidelines must be strictly followed for the memorials. Non-compliance
will entail penalties as provided below:
11.1. Teams have to prepare Memorial for both sides.
11.2. All soft copies must be entailed in .PDF (Portable Document Format) only. Any
other file extension will entail a penalty of 2 points. Attachments should be titled
as <Team Code> <A> for Petitioner side and as <Team Code> <R> for
Respondent side. E.g., 30A and 30R. The soft copies of the memorials must be
emailed to Chennai.vitsolmcs@vit.ac.in. Each Team must ensure that the subject
of the email reads “Memorial Submission by Team Code_____”.
11.3. The Teams are required to submit 5 hard copies of the memorial for each side on
or before the last day. Delay would entail a penalty of 2 points per day.
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11.4. Teams must not disclose the identity of their College/University anywhere in the
Memorial. Team Code assigned to each Team shall be mentioned at the top right
corner of the cover page of the memorial.
11.5. The Team shall not mention anywhere, their identity including the institution
name other than the Registration Form. Non-compliance with this Rule will entail
penalties which may extend to disqualification.
11.6. The content of the Hard Copies must be the same as that of soft copies. Non-
compliance with this Rule will entail penalties which may extend to
disqualification.
11.7. The memorials have to be submitted on A4 size paper, printed on only one side,
and must contain the following sections:
i. Cover Page;
ii. Table of Contents;
iii. Index of Authorities;
iv. Statement of Jurisdiction;
v. Statement of Facts;
vi. Statement of Issues;
vii. Summary of Arguments;
viii. Arguments Advanced; and
ix. Prayer
Non-compliance with this Rule with respect to sections (i) to (vii) and (ix) will
result in a penalty of 1 point per missing section. Non-compliance of the Rule
with respect to section (viii) will result in the Memorial not being considered for
evaluation at all.
11.8. The Memorials must be printed in Times New Roman font, font size 12 with
1.5-line spacing. All paragraphs must be justified aligned. The footnotes must be
in Times New Roman font, font size 10 with single line spacing. The arguments
advanced should not exceed 15 pages. The memorial as a whole should not
exceed 30 pages including the cover page. The memorials should have a margin
measuring one inch on all sides of each page. The numbering should be on the
bottom and center of each page. The Applicant memorial cover page shall be
printed on blue color A4 size paper, and the Respondent memorial on red color
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the Convener in advance of the Competition. The Convener shall investigate any
alleged Affiliation (whether self-reported by a judge or otherwise) and shall
determine whether such Affiliation constitutes a Conflict of Interest.
14.5. Reporting Obligation of Teams- If a Team believes that an Affiliation exists
which may form the basis of a Conflict of Interest, it shall promptly inform the
Convener. The Convener shall take appropriate steps to investigate and, if he or
she determines that a Conflict of Interest exists, to eliminate or mitigate such
Conflict of Interest. The Team‟s failure to timely inform the Convener will
constitute a waiver under Rule 14.3.
15. SCOUTING
15.1. No member of any Team will be permitted to hear the arguments in any Court
Room in which that Team is not one of the contesting teams is whilst that Team
is still in the Competition. Scouting by any Team in any manner shall result in
instant disqualification.
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18.5. All Teams would be assisted by an Usher, who shall be the single point of contact
for the Team with regard the Moot Court Competition. The Usher will also
intimate the Team on the accommodation provided to them. Food will be
provided free of cost.
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22. CONTACT
22.1. In case of any queries or clarification regarding the Moot Court Competition,
contact:
i) Parvathi Suresh- +91-7010023522
ii) Kishandhan - +91-7010308348
iii) Dhikshana Subburaj - +91- 7339023134
22.2. E-Mail ID: Chennai.vitsolmcs@vit.ac.in. Mails would be replied within 24 hours
of receipt.
22.3. Queries Regarding Propositions should only be sent to the E-Mail Address of the
Moot Court Society. Phone calls will not be entertained.
Address:
The Dean, VIT School of Law,
VIT Chennai Campus, VIT University,
Vandalur-Kelambakkam Road,
Chennai – 600127.
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IMPORTANT DATES
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