2nd DR. D. Y.

PATIL COLLEGE OF LAW, NAVI MUMBAI

INTRA MOOT COURT COMPETITION
29th – 30th JANUARY, 2023

–– In The Hon’ble Supreme Court Of Hindia

1. The country of Hindia is located in South Asia. It has the second largest population and the sixth
largest economy in world. It is a developing country. It has trade networks with various countries
across the world. In the year 2019, a deadly, highly transmissible and highly infectious virus called
Rona-19 struck the world. It initially began in the Mihan, a state in the country of Bhina.
2. As time passed, by Mid-January 2020, the virus had reached various parts of the world. On 30th
January 2020, Hindia reported its first case of the virus. Slowly and gradually by April 2020, the
virus had spread rapidly across the country with approximately 6000 infections and 200 deaths.
Keeping in mind the nature and behaviour of the virus, World Health Organization (WHO)
declared Rona-19 as a pandemic in March 2020.
3. On 24th March 2020, the Prime Minister of Hindia announced that the country would be put under
a nationwide lockdown for a period of 21 days starting from 25th March 2020. Ministry of Home
Affairs (MHA) issued the relevant order to this effect. As the infections continued to surge, the
lockdown had to be extended until 30th May 2020 through orders passed by the MHA to the
effect. The phased and gradual reopening and unlocking began from 1st June 2020. Worried by
the surge in cases, various countries starting working on vaccines to combat the virus.
4. Various pharmaceutical companies came forward with vaccine for the deadly virus. The Ministry
of Health Affairs (MHA) has given approval for clinical trials to two Pharma companies namely
The Mondak Pharma and The Fizer Pharma. The trials were conducted and both the Pharma
companies have come up with its own individual vaccines namely Rovaxin and Rovishield. They
even imported it to other countries. But The World Health Organisation has given approval only
to Rovishield by The Fizer Pharma.
5. The vaccine administering process was kick stated in Hindia for the frontline workers and doctors.
Initially there were shortage of vaccine and the production was increased thrice that of the initial
production. Slowly, the administering process was extended to the people above the age of 60 and
people with secondary ailments. After 6 months into this, the process was extended to people
above the age of 18.

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 2nd DR. D. Y. PATIL COLLEGE OF LAW, NAVI MUMBAI
INTRA MOOT COURT COMPETITION
29th – 30th JANUARY, 2023

6. Various Human rights group has given their concern about the after effects of the vaccines. The
government has made the vaccine program compulsory for everyone above the age of 18. The
vaccine programs were conducted in various Primary Health Care centres and government
schools. Meanwhile The Mondak Pharma was trying to get approval from WHO for its vaccine
to export worldwide.
7. By the end of December 2021, Due to the shortage of vaccine, the administering process was
limited to the front line workers only. In the month of December, the number of death due to the
non-administering vaccine surged to the unexplainable numbers as per The MHA reports. One
victim named Mehak Mehta who is a 22 year old suffering from primary Anal Fistula passed
away after susceptible to Rona-19. Her father Sunil Mehta filed a writ petition before the Hon’ble
High court of Delta on the grounds of biased Vaccination Process.
8. Meanwhile, even after data about the efficacy of the vaccine emerged, many people are still
reluctant to take the vaccine. This prompted the central government to emphasize the need to get
vaccinated for protection from the virus. In January 2021, Rovaxin got its approval from WHO.
In view of this, many states and UTs made the vaccine mandatory for office staff, teachers, and
audience in cinema halls in order to check the spread of the virus. One such state is the State of
Gaya.
9. A famous MNC company in Gaya named Fintec Solutions also adhered to the mandatory
vaccination policy. Rakesh is working as a senior associate in the above company doesn’t want
to take vaccine. Hence the company suspended him. Therefore Rakesh filed a writ petition against
Fintec solutions and The state of Gaya against the mandatory and forced vaccination policy on
the grounds that it is affecting his fundamental right to life and personal liberty.
10. Further, in the state of Kaveri, Vinay, son of the opposition leader of the state Mr. Raghupathy
passed away after taking second dosage of Rovaxin in February 2021. A huge ruckus was created
and the opposition leader filed a petition in The Apex court against the Central Government for
approving the clinical trial of Rovaxin which was not approved by the WHO and claimed
compensation from both The Mondak Pharma and The Central Government.

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 2nd DR. D. Y. PATIL COLLEGE OF LAW, NAVI MUMBAI
INTRA MOOT COURT COMPETITION
29th – 30th JANUARY, 2023

1. The Hon’ble Supreme court decided to club the petitions pending in various High
Courts altogether and decided on following issues:

i. Whether the petition is maintainable before the Hon’ble Supreme Court of

Hindia?
ii. Whether the Biased Vaccination process affects the Fundamental Right of the
Individual in Pandemic Situation?
iii. Whether the Mandatory Vaccination Policy is against Article 21 of The
Constitution of Hindia?
iv. Whether the Central Government is liable to compensate for the death and illness
due to Vaccination process?

Note: - The laws of Hindia and the laws of India are in pari materia.

DISCLAIMER: - The moot proposition is fictitious and any resemblance to any incident or
person, if any, is merely co-incidental

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