MOOT PROPOSITION FOR ASSESSMENT

State of Avocado v. Mr. Thanos Dodi

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Rainbow Riders v. Union of Latvia

1. Latvia, a Democratic and Republic Country, has a rich culture, heritage and history
which is situated in Southern Tip of Samsia Continent. The State of Avocadowhich is
situated in the northern part of Latvia is a famous tourist destination popularly known for
its historic erotica depicting heterosexual and homosexual sculptures and paintings.
2. In the State of Avocado, a boy named, Amar Kapur was born in a middle class family
who enjoyed drawing fashion and dressing styles. Amar’s gender and his desire to join a
fashion school from an early age were supported by his parents who saved money for his
career and dream. However, in his teenage, he lost both parents in a road accident which
led to sudden lack of emotional support and depression. Soon, Amar, realised that he did
not belong to the same gender and he was constantly bullied for being feminine and for
his sexuality. Amar had to leave his hometown and move to Rumbai, which is a hub of
movie and fashion Industry.
3. On 14th February, 2016, Amar met Prem Malhotra, who happened to be a member of
LGBT community and ardent supporter of LGBT rights. After meeting Prem, he became
confident of his inner skin and decided to have a sex change operation after 6 months and
after the surgery he adopted the name of Alisha.
4. Alisha pursued a professional course in the same year. She obtained instant success in
the fashion industry and even received contracts for professional engagements in the
movie industry of Latvia and eventually became an integral part of the movie industry
who was seen in all events and parties. In no time, she became a successful fashion
designer and many of the national dailies covered her story of becoming an iconic LGBT
idol in the country including the Times of Latvia, the biggest newspaper of the country.
5. Owing to her sudden success, Alisha received threats from radicals who did not approve
her sexuality and alleged her of misguiding youth of the country. One such group was the
Latvia Sukarshit Sanskar Samiti.
6. On 25th Dec, 2017, Alisha went to a Christmas party of Mr.Thanos Dodi, a leading
producer who makes movies of women empowerment and patriotism and also happens to
be a member of the ruling party, at his beach house of Rumbai. Around 2 am, Alisha

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 came out of a room shouting and crying from upstairs of the beach house alleging that
she was sexually assaulted and raped by Mr. Thanos Dodi. Upon medical examination, it
was detected that during the party, Alisha was under the influence of alcohol during the
whole night and there were slight marks of injuries and the medical examination
concluded that she was subjected to a sexual intercourse.
7. After the incident, Alisha lost all her working assignments from the industry, however,
she came out to the media and stated that she would continue to fight for herself and
others who went through the same and the continuous death threats would not stop her.
8. However, on the night of 2 March, 2018, Alisha committed suicide by hanging herself at
her Flat. Before her death, she made a video of herself and posted it online around 3 am
in the morning wherein was seen crying and traumatized. She started telling that she no
more had the will to continue and even when she was the victim, her career and life are
ruined. She further mentioned that all of this stands aggravated because the law does not
even recognize the actions committed by Mr.Thanos as a rape. In the end, she said that
Mr.Thanos Dodi has compelled her to commit suicide and he would be solely
responsible for her death. Thepost-mortem report showed little amount of alcohol and
drugs in her blood and the cause of her death was concluded to be a suicide.
9. Soon, Mr. Thanos Dodi was arrested and he was brought to trial. He was charged under
section 306 and section 377 of Latvia Penal Code, 1860. People in large
numbersincluding the people from the LGBT community came on roads and protested in
support of Alisha demanding that the Trans-Gender victims should be treated alike with
the women.
10. During the trial, it was contended that Alisha committed suicide due to her past life
experiences and weak state of mind. Mr. Mliburn Solan, director of the movie which was
produced by the Accused, stated that while Alisha was working as a designer of the
costumes of the movie she and Mr.Thanos were casually dating and were seen laughing
and talking on the sets all the time. However, the same refuted by Ms. Kiran, who
happens to be the closest friend of Alisha and said that they were not involved and Alisha
was highly focused on achieving her career goals.
11. Mr. Rakshak, who was the security in charge of the Christmas party, said Mr. Dodi left
the party before Alisha alleged rape by him and while leaving from the party he stopped
for a second and gave him a tip of Rs. 3,000.
12. The Trial Court convicted the accused under sections 306 and 377 of Latvia Penal Code,
1860. An appeal was filed by Mr.Thanos before Hon’ble High Court of Avocado;

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 however, the HC acquitted the accused of all the charges on the ground of reasonable
doubt and lack of evidence.
13. In late 2018, a movement, I-TOO, was started by women told the tales of horrors and
experiences of sexual abuse and assault by men around the world. After the acquittal, one
woman and one man came forward against Mr. Thanos Dodi stated that the producer had
sexually abused them. The first woman survivor named Ms. Victoria, age 28 years,
alleged harassment before 6 years at a party and also told to the media that the producer
had a habit of sexually abusing and threatening new struggling stars under the influence
of alcohol. Another survivor is a man named, Ronald Drump, age 29, who is a struggling
male model. He has also shared an incident about 5 years old of the sexual assault by the
alleged producer, which was followed by threats to keep it a secret.
14. On the other hand, the Film makers of Latvia and Samsia came in support of the alleged
Producer releasing a press release calling such allegations as blatant and publicity
seeking lies by struggling actors without any piece of evidence. The Ruling party also
came in support of the accused stating that the movement aimed to target its members
and people having the party’s ideology. The movement was an attempt of opposition to
tarnish its member.
15. In the lower house of the Parliament, two bills were introduced known as The
Transgender Persons (Protection of Rights) Bill, 2019 and The Trafficking of Persons
(Prevention, Protection and Rehabilitation) Bill, 2018 and were passed with majority.
The bills made provisions punishing begging, curbing prostitution by transgender
persons and other discriminatory penal provisions as alleged by the transgender
community all over Latvia. The bills were passed by the upper house of the Parliament
again with huge majority and received the assent of the President of Latvia on
12thJanuary 2020. The Latvia Transgender Persons (Protection of Rights) Act, 2019 and
The Latvia Trafficking of Persons (Prevention, Protection and Rehabilitation) Act, 2018,
came into force on 15th January, 2020.
16. On the other hand, the Hon’ble Supreme Court in November, 2019 dismissed the Writ
Petition challenging the provisions of Rape not being gender neutral. However, one of
the Hon’ble High Courts of Latvia extended section 354-A of LPC to the transgender
community.
17. A national uproar arose yet again in the context of death of Alisha and acquittal of the
accused. The movement for LGBT rights obtained vigour and there was again a demand
to reconsider the law of rape for Trans-sexual & LGBT community and the new

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 legislations. It was alleged that both new laws took away the sole means of livelihood of
some Transgender persons as they heavily rely on begging in community and as sex
workers. The Government has failed to provide any jobs and opportunities for the
community leaving them vagrant and helpless.
18. Rainbow Riders, a Non-government organization, filed a Public Interest Litigation before
the Supreme Court of Latvia in January, 2020 challenging the constitutionality of the
Rape law under Latvia Penal Code. The Writ Petition challenges the law of rape
discriminatory to the Transgender community and not being gender neutral. The Petition
alternatively prays that the references to a woman under the provisions of LPC, using the
words “she” and “her” should also be construed for the LGBT community as well. Along
with it, the constitutional validity of The Latvia Transgender Persons (Protection of
Rights) Act, 2019 and The Latvia Trafficking of Persons (Prevention, Protection and
Rehabilitation) Act, 2018 were challenged. The Hon’ble Supreme Court admitted the
PIL and the matter is now listed before a Larger Bench to reconsider the said matter and
the law relating to Rape and other offences of LPC and the new two aforesaid Acts.
19. The PILs are listed on 16th March 2020 for Final disposal. The Bench will be hearing the
PILs together for the sake of convenience. The laws of state of Latvia are in pari materia
to the laws of Republic of India.
20. The parties are required to argue on the following issues:
A. WHETHER THE PILs FILED BEFORE THE HON’BLE SUPREME COURT
ARE MAINTAINABLE OR NOT.
B. WHETHER THE LAWS OF RAPE AND OTHER OFFENCES UNDER
LATIVA PENAL CODE ARE CONSTITUTIONALLY VALID IN LIGHT OF
LGBT RIGHTS OR NOT.
C. WHETHER THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS)
ACT, 2019 AND THE TRAFFICKING OF PERSONS (PREVENTION,
PROTECTION AND REHABILITATION) BILL, 2018 ARE
CONSTITUTIONALLY VALID OR NOT.

Note – For the purpose of this moot, The Trafficking of Persons (Prevention, Protection and
Rehabilitation) Bill, 2018 is deemed to be in force.

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