Mooting Fact: 1st interior Moot Court Competition | DIU - Lutfur The Law's Insect

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Monday, 6 November 2017

Mooting Fact: 1st interior Moot Court Competition | DIU


1.      Ramboland is a newly developing country with a population of 16 crore where 57 million are children. The country is located in South Asia. The country is rich in history and culture. It was under colonial rule of the Thieves Empire for more than 200 years. In 1947 the Thieves left the land and the people of Ramboland region came under the rule of Ghauraistan. After a nine month long war the people of Ramboland secured independence from Ghauraistan in 1971.

2.      Even though Rambolands industrial sectors are growing promisingly, a large amount of people are living lives below human standards. According to the Annual Report, 2016 of the World Bank, 68 percent of the village people of the country are leaving below the poverty line, means these people earn less than $ 1.90 per day and cannot afford a minimum of 2100 calories of food per day per person. The political condition of Ramboland is not very sound. There are two major political parties that rule the country by turn. Both parties have records of corruption. Democracy is practiced by means of violence. Whenever the government takes any measure to improve the situation of this country, the opposition finds a loophole and start protesting against it. International experts say, development initiatives can hardly succeed in such a culture.

3.      Adult literacy rate of Ramboland increased from 29.2 % in 1981 to 61.5 % in 2015 growing at an average annual rate of 21.09 %. The Ramboland Bureau of Statistics (RBS) published their Annual Report of 2016 on February 23rd of 2017 where they claimed that the adult literacy rate in the country rose to a 12-year high of 72.3 percent in 2016. The report titled “Sample Vital Registration System (SVRS)” in which the RBS, defined that if a person can write a simple letter, she/he will be considered literate. This clearly contradicts with the definition given by the UNESCO which declares that literacy incorporates three things -- reading, writing and doing simple arithmetic. This is also a globally accepted definition of literacy. Several world renowned professors of University of Ramboland criticized this approach of RBS and asked why have these guidelines of UNESCO not been followed in preparing this report? The RBS did not provide any answer on this issue.

4.      Unfortunately more than half of the total number of children of Ramboland comes from poor economic background. Their low income parents happen to be housemaids, factory workers, rickshaw pullers. Poverty lead these children to drop school and start working in various sectors. Many of them get to involve in hazardous work in industries. Some of them perform dangerous duties in public transport services.  A considerable portion of these children become mere street children selling cheap rate flowers, handicrafts or chocolate. These children are often found to be involved in begging.

5.      Road accident rate is very high in Ramboland. As children from poor families work in the transport sector many of them often become victim of road accident. Therefore death rate of children in accident is also high. On 20th July, 2017 a series of road accident had happened in several places of Ramboland as a result 20 children died. All of them were working as helper of different vehicles. These accidents have raised serious rage around the country.

6.      On 21st July several News Paper covered this incident. On 22nd July all the newspapers of the country published the same headline “Angels are dying, the Nation have to choose either School or Road,” and all of them concluded their report on the notion that “The future of the nation is serving in the transport sector and toiling at a tender age. While at this age they should have been in schools. This shows that cheap labor is much more desirable to us rather than a school full of kids. It is high time to declare the right to education as a fundamental right, which will ensure kids at school rather to workplaces.” On that day the Ramboland Reporters Unity (RRU), the biggest journalist association of the country published a press release that the journalist association unanimously decided to publish this report in every daily newspaper.

7.      Series of protest broke out the next day. Students of many national universities with their teacher took position on the road on demand of making right to education as a fundamental right. In the capital Mondo, the protest turned into a large scale blocking all the roads of the city. Police took initiatives to clear the road. The police commissioner declared Curfew under sec 144 of the Code of Criminal Procedure, as a result police forces used force to make clear the road and a violent fighting started between the students and the police. More than 265 person got heavily injured. The next day the opposition party called for strikes. Police also charged tear shell on the protest procession of the opposition party. 35 people got injured and two of them lost eye sight permanently. The opposition party declared month long strike as a result life in Ramboland comes to a standstill.

8.      Moreover, the forest area of Ramboland is decreasing day by day. Industrialization and urbanization are the main reasons behind cutting off trees. Industrialists not only clean up forests to locate more industries, but also their illegal and excessive pollution cause death to many species in the neighborhood. Environment specialists have repeatedly shown their concern for the rivers and forest land of Ramboland. They apprehend that the condition of river and forest lands are critical. If these are not protected with special attention, within few years situation of Ramboland will be beyond repair. They suspect, after only a decade the country shall not be livable any more.

9.      Although Ramboland had policies against child labor and projects for providing foods to the poor school going children for many years, such projects could not reduce the amount of child labor. In the Annual Report of 2016 of UNICEF showed that in Ramboland the parents of these children think it is unlikely that their kids will be able to finish study and get a good job. After all the quality of free education is very poor and is not in consonance with the job market. As a result, the unemployment problem is still very high’- they say. Moreover according to the Annual Report 2016 of the International Energy Association (IEA), Ramboland need at least 8 coal based power plants of 2000 Mega Watt to boost its industrial growth. The minister of the ministry of Energy said in the House of the Nation that the Government is planning to build 8 power plants and they are consulting with the Ministry of Education to start a project which will aim to reduce the energy crisis and the child education problem seriously.

10.  As a result, ministry of Energy and ministry of education had several meetings to initiate a comprehensive project to deal with the street children. They decide to start a public school with all facilities of food, clothing and residence. The first target shall be the street children and slum dweller children of the capital of the country. The education quality shall be ensured with special care. After their completion of education and training the country will get a good number of efficient people.

11.  Moreover, government owned large power plants will be constructed just beside this public school. Minister of education said in one of his interviews that the parents of such children shall be given employment opportunity in that power plant. They call this project as ‘Good Life Scheme’. It is mandatory for the slum dwellers of the capital city to get involved in the project. A portion of their salary shall go to the school fund, but school shall have other funding beside that. It was reported in a daily newspaper ‘The Peoples Power’ that the government is thinking to make it punishable offence if any family leaves the membership of that scheme in the middle of the education of their children.

12.  The plan of such project requires huge amount of land. Since the country is densely populated it is very difficult to find vacant land. The ministries after examination for several times selected 8 places. But building of public school compound as well as the power plant will require cutting of a portion of national forest. Although that portion is not under any forest conservation project the environment conservationists obstruct the project showing concern over environment. They argue that the situation of the country is vulnerable. Cutting off forest is a risk not worth taking. This forest is holding the land against a big river. If this forest is cleared, the river can cause flood any time. It can even eat up the land portion within a year.

13.  The political opposition gave their statement in line with the conservationist. They start protesting against the public school cum industry scheme. Besides they claim that the government is using forced labor for cheap price for building power plants. “The Free Will Defense” a well renowned NGO condemned this approach of the Government and challenged the scheme on the grounds that forced labor mechanism is in violation with the constitution and they said that it is high time to declare the right to education as fundamental right.



A writ petition has been instituted before the High Court Division and the issues before the Court are:
1.      Whether the Constitution of the Ramboland imposes any obligation to provide free compulsory primary education?
2.      Whether Right to Education can be declared as a Fundamental Right under the Constitution of the Peoples Republic of Ramboland?
3.      Whether does ‘Good Life Scheme’ violate the fundamental rights of the constitution?
4.      Whether the proposed power plants are in violation with the constitution obligation of the country?

Note: The Constitution of the Peoples Republic of Ramboland and other laws are similar to that of Bangladesh.
  

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