MOOT PROBLEM 2

1. The sub-continent known as Barclay is a democratic and secular country. The

country has suffered attacks by many foreign rulers in the past and till as recently as
1947 was under the rule of the Kingdom of La Liga, an old imperialist power. Each
ruling dynasty has brought something new to Barclay and has impacted the culture
and religion prevailing in Barclay to a varying degree, but none more so than the
Purans who brought their religion of Hinduism. Hinduism is presently followed by a
majority of Barclayans. Christianity, Sikhism and Buddhism are among the other
religions practiced in Barclay. Remnants of other religions and small cults are
scattered throughout the length and breadth of the land, but the followers of these
ancient religions and cults are few and far between.

2. One of the few ancient religions that remain in Barclay to this day and is practiced
only by a handful of people is the religion of Blueism. Blueism was formed from the
teachings of Jose, the prophet and spiritual son of Mony, the being whom the
Blueists worship. The holy text of the religion is called the Bellum Unus Scuria or Bus
and nothing less than strict adherence to the same is expected from followers.
Blueism is managed by a trust called the Motherland. The spiritual leader of the
religion and manager of the trust is a man referred to as Rasputin.

3. Dr. Giggs is a sociologist and political scientist living and working in the south-
eastern part of Barclay known as Old Trafford. He had co-founded a NGO named
Scarlet Ribbon in the year 2001 with his wife that was dedicated to equal treatment
of women in all spheres of life. Scarlet Ribbon was funded primarily by Dr. Giggs
personally, but also received generous donations from all over the world. Being a
deeply spiritual Hindu, he regularly wrote about topics that he felt required public
attention, and often expressed his views in guest columns in newspapers and
magazines having a wide circulation in Barclay.

4. On the morning of the 14th of June, 2015, the Times of Barclay ran a nearly half
page length feature on Blueism authored by Dr. Giggs as a guest columnist. Dr.
Giggs began the article by narrating an incident about a lady named Arseney who
was a follower of Blueism and had a very shocking and hurtful experience following
the death of her father. In the article it was mentioned that the Blueist priests did not
allow Arseney to perform the last rites of her father simply because she had married
a Hindu. This was a marriage between people of two different religions, and for this
purpose, the laws under the Special Marriage Act, 1954 were followed. Even after her
marriage, Arseney’s husband did not force her to follow Hinduism, and she continued
to follow Blueism. When her mother had passed away earlier she was permitted to
perform all rites/ceremonies. However, the Blueist priests did not even permit her to
enter into the sacred chamber of the Stamford, where the prayer before the statue of
Jose is performed when her father died. The reason given by the priests was that
Arseney had married a non-follower and therefore had lost the right to enter the
Stamford and perform the last rites. The article quoted Arseney as being “completely
heart-broken” and to her this was “a loss that could never be compensated.”

5. The newspaper article went on to elaborate about various rituals of Blueism

branding them as “bizarre” and “extremely harmful to the environment” and referred
to Blueism as “a cult of extremists”. One such mandatory feature was the practice of
open cremations on a slab of solid lead that the religion mandated when a follower
passed away. The slab of lead was heated for hours till the poisonous fumes rose
from the body. The Blues believed that making a body lie on a slab of solid lead and
engulfing it in lead fumes would keep it safe from the demons of the Relegation
(similar to the concept of hell). This understandably generated large amounts of air
pollution and spread of particulate matter containing poisonous lead in the air.

6. Another practice of Blueism that was highlighted by Dr. Giggs was the sacred
ceremony of Scousing. This was a ceremony that involved a large gathering of
Blueists who would come together at precisely 3 a.m. in the morning once every
quarter to lament about the ‘glory days’ when their ancient religion was at its prime
and would imitate the so-called suffering they believed their god suffered, by
screaming in pain for an hour using loud speakers. These gatherings were usually
held in public parks, including prominent ones such as Anfield.

7. Dr. Giggs claimed to have “conducted extensive research on the obscure cult of
Blueism” and presented his views about the religion and its practices in the
aforementioned article. He expressed his anguish by the treatment meted out to
women followers of Blueism as well as the practices and rituals of Blueism and
called upon the concerned authorities to take strict action against the Motherland
and Rasputin, along with the followers of Blueism.

8. Being completely distraught by inaction of the authorities, Dr. Giggs wrote a letter
addressed to Rasputin, seeking clarification on various points, namely the right of
women Blueists to enter Stamford after marrying a non-Blueist, and to attend or
participate in the various ceremonies and perform last rites. He also demanded that
the practice of burning lead during cremations and of Scousing be stopped
immediately, citing the environmental harm they were causing. No response to the
said letter was ever given to Dr. Giggs.

9. Dr. Giggs moved the Hon’ble High Court of Old Trafford through his NGO, Scarlet
Ribbon under Article 226 of the Constitution of Barclay being W.P. (C) 1234 of 2015.
He submitted before the Hon’ble High Court that if a male follower of Blueism
married a female Hindu or person of some other religion, he continues to enjoy all
rights as available to a born follower of Blueism, whereas if a female follower of
Blueism married a male Hindu or person of some other religion, her rights were not
recognized or permitted by the Blueists, and therefore discriminatory treatment is
being meted out to her, as her rights under Articles 14 and 25 were being violated.
Scarlet Ribbon accordingly prayed before the Hon’ble High Court of Old Trafford to
issue appropriate directions to the Motherland, to allow women followers of Blueism
married to Hindus or any other religion under the Special Marriage Act, 1954 to enter
the Stamford premises, and to attend or participate in the ceremonies and perform
last rites.

10. The Motherland, on the other hand, being represented by Rasputin contended
before the Hon’ble High Court of Old Trafford that Blueism is neither a State nor an
authority within the meaning of Article 12 and 226 of the Constitution of Barclay. The
Motherland also challenged the locus standi of Scarlet Ribbon to approach the
Hon’ble High Court and stated that this so-called public interest litigation was
inspired and funded by private interests and is thus not maintainable. The
Motherland further submitted that as they do not perform any statutory function,
have no obligations to the petitioner, nor receive any grants from the State; the
functions of the Motherland cannot be supervised by the State. It was further
contended that marriage under the Bus was a sacrament or precursor to the
salvation of the soul and there is no marriage between a follower of Blueism and a
non-follower. Furthermore, when a female follower of the Blueism marries a non-
follower, she loses her religious title and identity and automatically leaves the
religion of her father and her family irrevocably irrespective of whether she is
admitted to her non-follower husband’s religion. But the same is not true for a male
follower of Blueism marrying a non-follower woman. The Motherland further
submitted that the distinction between the males and the females in the matter has
been historically recognized for centuries and there is no violation of the rights of the
Petitioner or other women followers of Blueism under Articles 14 and 25 of the
Constitution of Barclay. The Motherland also submitted that they have the power
under Article 26 to manage its own affairs.

11. The High Court of Old Trafford, by its judgment dismissed the petition filed by Dr.
Giggs on merits, but upheld the locus standi of Scarlet Ribbon to file the petition.
Being aggrieved of the aforesaid judgment, Dr. Giggs moved the Supreme Court of
Barclay, in a Special Leave Petition being SLP (C) 3124 of 2015. The Special Leave
Petition was admitted.

12. The Motherland, in the meantime, through its leader Rasputin, also approached
the Hon’ble High Court of Old Trafford against Dr. Giggs and the Times of Barclay for
defaming and disrespecting its religious tenets and beliefs in CS (OS) 1432 of 2015.
The Motherland accordingly prayed for compensation of Rs. 3,00,00,000/- (Rupees
Three Crore Only) as compensation from Dr. Giggs and the Times of Barclay for
defaming the religion of Blueism, its followers, its customs and beliefs. It also prayed
for an apology and retraction to be printed on the front page of The Times of Barclay.
The Motherland also accused the Dr. Giggs and the Times of Barclay of being bias
and purposely spreading misinformation about Blueism. The Plaintiff even claimed
that its followers all over the country have reported receiving threats and
discriminatory treatment after the publication of the impugned newspaper article. Dr.
Giggs on the other hand claimed that his article was based on facts and was also a
fair comment. The Times of Barclay pleaded that without prejudice to Dr. Giggs’
submissions, he was only a guest columnist and thus not an employee of the
newspaper. Thus, the newspaper cannot be held liable for the views of a third party.
The Hon’ble High Court by its judgment dismissed the suit and aggrieved by the
same, the Motherland, through its leader Rasputin preferred a Special Leave Petition
before the Hon’ble Supreme Court of Barclay being SLP (C) 1324 of 2015. The SLP
was admitted.

13. Dr. Giggs also moved the National Green Tribunal by an application under Section
14 of the National Green Tribunal Act, 2010 (O.A. No. 4321 of 2015) through his NGO
Scarlet Ribbon against the practice of burning lead during cremations and the
practice of Scousing. The Motherland on the other hand submitted that these
practices were integral parts of its religion and their scriptures mandated strict
adherence to them. By a speaking order, the Hon’ble NGT dismissed the petitioner’s
application on the ground that the matter did not involve a substantial question
relating to environment and that the petitioner’s grievance regarding nuisance should
be pursued only under the remedy available in Section 133 of the Criminal Procedure
Code, 1973. The Hon’ble NGT also held the petitioner’s reliefs to be barred by
limitation as per the Act, as the religious acts in question dated back hundreds of
years. Being aggrieved of the aforesaid judgment, Dr. Giggs moved the Supreme
Court of Barclay vide C.A. No. 3412 of 2015.

14. SLP (C) 3124 of 2015, SLP (C) 1324 of 2015 and C.A. No. 3412 of 2015 were
tagged to be heard together by the Hon’ble Supreme Court of Barclay as the parties
involved in the disputes were the same.

15. All laws, rules, notifications, judgments of Courts etc. of India shall apply to the
nation of Barclay. Barclay may be read as “India” for the purposes of all Acts and
judgments of Courts.