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The “L” Word BLog

Insight of a Law Freak

1st NATIONAL PIL DRAFTING


COMPETITION, 2020

Propostions
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National PIL Drafting Competition- 2020

DISCLAIMER

This proposition is solely meant for educational purposes. The proposition is mostly a work of
fiction and does not intend to harm anyone’s sentiments. The sole purpose of this proposition is
to stimulate young budding legal minds in order to expose them to the current problems and
legal issues prevailing in the country. The organization has no wrongful intentions of any kind.

The Organization reserves all the rights to this proposition. The organization is at the liberty
to take strict actions against any copyright infringement.

Please note:

 Sindia is a Country analogous to India. All the laws, legal system, legal history in
Sindia are analogous to the laws in India. For instance: Sindian Penal Code, 1860 is
analogous to Indian Penal Code, 1860; The Constitution of Sindia is same as The
Constitution of India and so on.
 The participants are encouraged to explore the facts and laws pertinent, legal principals
and theories while drafting the PIL for any proposition of their choice.
 The Participants are free to frame as many issues and sub-issues as they may deem fit.
 These propositions are drafted in a manner to judge the interpretative and creative
outlook of all participants in the respective problem.

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National PIL Drafting Competition- 2020

There are three propositions to this competition. The Participants are free to choose any
one of the following propositions:

Proposition 1. (COVID-19 and Exams)

1. The entire world is currently witnessing the disastrous global pandemic which is getting
worse day by day. Due to COVID-19 none of the industries is properly functioning in any of
countries around the globe. Sindia is no exception. “COVID-19 wrath” is rapidly rising in
„Sindia‟. „Sindia‟ is currently the third worst-hit country in the world after The US and
Brazil. Initially, the government Sindian Government imposed a series of nationwide
lockdowns but currently the government has lifted the lockdown to much extent. Some of the
industries have even started to function.

2. Amidst such drastic situations, the education sector is badly hit. The students are left at the
mercy of the so-called “online classes” and “the authorities”. Where the school children are
relaxed from their exams, the university or college students are still left in a huge mess.

3. The “UCC” (University controlling Commission) is a statutory body set up by the


government of Sindia in accordance with the UCC Act, 1975. The commission is charged
with coordination, determination, and maintenance of standards of higher education. On July
1, 2020, the UCC issued a notification according to which all the intermediate semester
students were required to be promoted to the next class. However, it mandated all the
universities in the country to conduct terminal semester [final year] exams „at any cost‟.

4. The Terminal Semester students across the country were very disappointed by this decision
of UCC. Many governments and universities defied this decision of UCC and officially
cancelled all exams of all the semesters, including final year exams. Reacting to such
cancellations, UCC announced that “strict actions” would be taken against such universities
which would cancel the final year exams.

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National PIL Drafting Competition- 2020

5. Keeping in view the growing rage in the student community, UCC further clarified that “final
year exams are mandatory to ensure safe and better future opportunities (viz. Jobs, further
studies etc.) for the final year students”. The student community across the country mocked
this statement. Throughout the social media trends like: #BoycottUCC;
#CancelFinalYearExmas; #NoexamsinCOVID; etc. started to popularize.

6. Amidst such situation, the “Chhatra-Shakti Sangathan”, an independent organization working


for the welfare of the student community across the country, decided to file a Public Interest
Litigation in the Hon‟ble Supreme Court of Sindia challenging UCC‟s “draconian decision”
of conducting exams amidst the growing fury of COVID-19.

Chhatra-Shakti Sangathan has appointed you as their advocate to draft a PIL for them on
the issue.

Proposition 2. (Animal cruelty)

1. Sindia, is a democratic country which is known for its unity in diversity. The country is rich
in flora and fauna. The people of Sindia are known for their compassion and love for all the
creatures of nature. Animals have always been treated as a part of human society in Sindia.
Many people even treat their domestic animals as their own kids.

2. The constitution of Sindia guarantees a fundamental right to life and liberty to all the persons.
The Supreme Court of Sindia has interpreted the term „all persons‟ to be inclusive of all
voiceless living creatures. Various legislations are enacted by the Government of Sindia for
the protection of animals. Many independent organizations also work for animal rights.

3. However, there are some people in this country who don‟t deserve to be called humans.
There are increasing instances of animal cruelty throughout the nation. One such recent act
shook the entire mankind.

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National PIL Drafting Competition- 2020

4. Recently, in a village named “Ponigarh” (a small village in the state of “Behram”) a barbaric
incident shocked the entire mankind. A female elephant died after it chomped on a pineapple
stuffed with explosives. According to the villagers, the elephant was found roaming in pain
for several days after it fed on the explosive-stuffed pineapple and was spotted dead in a
river. Its jaw was disfigured and swollen, blood was seeping from it.

5. It was revealed in the post-mortem investigation that the elephant was pregnant. It was found
in the investigation that light that the fruit was set as bait to kill the elephant. The incident
came to light several days after the tragic death of the elephant when one of the forest
officers shared a post on his social media handle describing the whole incident. People were
emotionally moved by this incident and almost everyone was raising his/her voice against
this incident.

6. An NGO named “CARE”, which works for the welfare of animals, decided to move the
Supreme Court raising its voice against the incident. CARE has decided to file a PIL
demanding a CBI or SIT investigation in the tragic incident to get the culprits punished for
this horrific act.

They have hired you, a senior counsel in the Supreme Court of Sindia, to draft the PIL.

Proposition 3. (Potholes Menace)

1. Sindia is a beautiful country in south-east Asia. The country gained independence in 1947
from the British Rule. Ever since its independence, the governments have rapidly stressed on
the development of the nation. No doubt, the overall development of the country has turned
out to be really great but there is one big issue that is a huge black spot on the beauty of the
country.

2. Sindia is famous worldwide for the “Potholes” [Gaddhe] on the roads. Many foreigners
recognize Potholes as the identification marks for being in Sindia. Be it a National road or a
local road, none is left untouched by the menace of potholes. The potholes are the biggest
cause of road accidents in Sindia. Especially during the rainy season, the „pothole terror‟
reaches its peaks.
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National PIL Drafting Competition- 2020

3. Every year, hundreds of people lose their lives due to these potholes. One such victim is
“Nargis Ansari”. Ms. Nargis Ansari was a 28-year old young girl who used to live with her
small family in “Bhimpur” district of “Banjab” State. She is the sole earner of her family. On
the tragic day of February 8, 2018, when she was going to her office on her Scooty, she
skidded over a big pothole filled with water and fell right in front a truck, which damaged her
legs completely and the injury on her brain left her in the state of comatose.

4. Her family was not in the condition to afford her treatment. Her father, Mr. Amir Ansari,
knocked every door for help but nobody helped him. Her mother, Ms. Neeta Ansari, started
to work as a maid at people‟s houses to earn something to get her daughter treated properly.
But all the efforts couldn‟t save their daughter‟s life and she left the world on July 07, 2018.

5. Two years are passed. Her parents are badly broken but are helpless. However, Mr. Ansari
has decided to get her daughter justice. He has resolved that what has happened to her
daughter should not happen to anyone else‟s child. So, he has decided to move the Hon‟ble
Supreme Court of Sindia, against the pothole menace on the roads.

6. He is now seeking help from you to draft a PIL for him, to attract the Apex Court‟s attention
towards the need for stringent laws regarding those who are responsible for these potholes.

Draft a PIL for Mr. Ansari and aid him in serving for this cause.

***************

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