3923030-845185Avijit Gautam - 19010125393

3923030-845185Avijit Gautam - 19010125393

00Avijit Gautam - 19010125393

SYMBIOSIS LAW SCHOOL, PUNE- MOOT COURT EXERCISE I, 2023

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BEFORE THE HONBLE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

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UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA, 1950

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IN THE MATTER OF

ARTICLE 21 OF THE CONSTITUTION OF INDIA, 1950

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WRIT PETITION NO :/ 2023

MS. XPETITIONER

V.

UNION OF INDIARESPONDENT

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UPON SUBMISSION TO THE HONBLE CHIEF JUSTICE AND HIS COMPANION JUSTICES OF THE HONBLE SUPREME COURT OF INDIA

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MEMORIAL ON BEHALF OF THE Respondent

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STATEMENT OF JURISDICTION

STATEMENT OF JURISDICTION

FACTS

FACTS

Ms. X who was schoolmates with Mr. Y had fallen in love with him. While he was visiting her and upon finding her alone, Mr. Y committed a physical act of Ms. X, further recording it on his personal phone.

When Ms. X asked him to delete the recording or she would approach legal avenues, he began threatening her and stated that he would publish those photographs and videos to social media. Upon Ms. X becoming scared of the consequences of the same, Mr. Y took advantage of it and kept on maintaining a physical relation with her, using the threat as leverage.

When on the 1st of July 2023 Ms. X refused to meet with Mr. Y, he uploaded all of the pictures on social media on the 4th of July, sending friend requests to all of Ms. Xs friends.

Ms. X got to know about the pictures on the 9th of July and suffered severe mental trauma and was also suspended from her college who were concerned about their image. Consequently, Ms. X finally filed an FIR against Mr. Y on the 15th of July.

However, she realised that a mere FIR would not restore her dignity as a trial would take a long time due to Mr. X having absconded. She was apprehensive that such photographs and videos if they remained on the internet would continue to traumatise her and deny her any future prospects.

She thus filed a petition under Article 32 and approached the Supreme Court with a prayer for the social media websites to delete all the obscene photographs and videos and recognise her Right to be Forgotten under Article 21 of the Indian Constitution.

ISSUES

ISSUES

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ISSUE 1:

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ISSUE 2:

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SUMMARY OF ARGUMENTS

SUMMARY OF ARGUMENTS

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