1ST NLUO-PHFI PUBLIC HEALTH LAW

NATIONAL MOOT COURT COMPETITION, 2021

JUNE 25-27, 2021

ORGANISED BY

CENTRE FOR PUBLIC HEALTH LAW

(NATIONAL LAW UNIVERSITY, ODISHA)

IN ASSOCIATION WITH

MOOT PROPOSITION

[email protected]

https://www.linkedin.com/company/centre-for-public-health-law

https://instagram.com/cphl_nluo?igshid=1pe0ourhijjbf
 1st NLUO PHFI Public Health Law National Moot Court Competition

1. “Union of Diana” (‘Diana’), a democratic republic country in South Asia, with 130

crore people is the world’s second most populous country. It is a religiously and

ethnically diverse nation. The Constitution of Diana1 safeguards the interest of each

community as it aims to treat everyone at parity and promote fraternity among all. It

has adopted a quasi-federal structure and has 15 states and 5 union territories. Diana is

one of the five largest producers of pharmaceuticals in the world by volume. It

supplies around 20% of the global export of “generic” drugs.

2. A pandemic broke out in January 2020 because of the contagious virus called DARS-

CoV-2 or Doronavirus. The disease caused by infection of this virus in humans was

referred to as Dovid-19. The first case of Dovid-19 was reported in a country called

Mandaria but it quickly spread all across the world. Mandaria shares its borders with

Diana.

3. In January 2020, Diana witnessed a rapid increase of Dovid-19 cases, which rapidly

spread within its states. Most people infected with the Dovid-19 virus experienced

mild to moderate respiratory illness and recovered without requiring any special

treatment. However, older people, and those with underlying medical problems like

cardiovascular disease, diabetes, chronic respiratory disease, and cancer developed

serious illness.

4. Scientific community suggested development of a new vaccine to combat the spread

of Doronavirus. However, in case of vaccines globally, there is an inevitable risk of

serious adverse events, such as seizures and allergic reactions.

1
The Constitution of Diana is para materiato the Constitution of India, 1950.

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5. The world was looking up to Diana for developing and manufacturing Dovid-19

vaccines. Diana did not have adequate hospitals to cater the need of a large population

and many saw vaccines as the only way out to save the lives of the people of Diana.

6. The Central Government of Diana coordinated and worked with the research

institutes, private companies, and leveraged the strength of Diana’s vaccine

manufacturing capability to meet its domestic requirements.

7. In order to meet the urgent domestic and global requirements, Diana relaxed the

regulatory approval process to foster development and distribution of the Dovid-19

vaccine at the earliest. It approved a vaccine named ‘Hivovi’, developed and

manufactured by a private company, Myhealth Pvt Co Ltd on 1st January 2021.

8. On 10th January 2021, the vaccination process started in Diana at select centres all

over the country. The vaccination process was managed by the Central Government

which procured doses of Hivovi from Myhealth Pvt Co Ltd. However, the

vaccination was available for citizens only above the age of 45 years.

9. During its first phase, one individual, Mr X, who was given a dose of Hivovi on 26th

January, 2021 developed serious side effects immediately thereafter including nausea,

fever and headaches. He was hospitalised for 15 days and lost his memory partially.

Thereafter, on 18th February, 2021 he sued the vaccine manufacturer, Myhelath Pvt

Co Ltd for compensation of one crore rupees in the civil court of Diana. This was

widely covered by Diana's media, and several concerns were raised by the print and

social media regarding the side effects of Dovid-19 vaccines. This resulted in growing

scepticism amongst the people of Diana regarding the viability of the vaccines.

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10. Vaccines of other private manufacturers were subsequently approved for emergency

use in Diana in the following months. Vaccines were procured by the Central

Government of Diana directly from the vaccine manufacturers and the Dovid-19

vaccination was available for free.

11. By 1st March, 2021 Central Government of Diana had entered into contracts with

various private manufacturers for procurement of sufficient vaccines so as to

vaccinate its entire adult population by November 26, 2021.

12. The vaccine manufacturers lobbied for the need to have protection against adverse

consequences of the vaccination during the pandemic. Vaccine manufacturers urged

the Central Government of Diana to grant immunity from prosecution against any

adverse consequences of the vaccination, otherwise they will have to stop the

production. The Central Government of Diana was of the view that there was an

imminent requirement to protect the vaccine manufacturers in the country against

lawsuits for severe adverse effects or any other frivolous claims. It was required to

encourage vaccine manufacturers to focus on development and manufacturing of the

vaccines. Subsequently, on 05th March 2021, vide an Act of Parliament the Epidemic

Act, 18972 was amended to grant immunity to the vaccine manufactures and provide

compensation to any individual who has suffered loss because of the vaccination

(“Annexure A”).

13. Parallelly, vaccination of its citizens at the earliest was one of the primary objectives

of Dovid-19 Vaccination Strategy of Diana.

14. In March 2021 a second wave of pandemic stuck Diana and there was a sudden surge

of Dovid-19 cases in different states of Diana. New variants of Dovid-19 virus were

2
The Epidemic Act, 1897 of the Union of Diana is para materiato the Epidemic Diseases Act, 1897 of India.

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suggested as one of the reasons for the sudden surge of cases. It was reported that the

second wave is more severe and infectious, and likely to affect the younger

population. In order to limit the second wave of cases, on 15th March 2021, the

Central Government of Diana allowed vaccination of all citizens above the age of 18.

15. Despite making the vaccines available to its adult population there was a very low

turnout for vaccination. Ariana, a state in the Union of Diana, recorded a constant

surge of Dovid-19 cases in the January to March 2021 quarter and high number of

deaths because of Dovid-19. On 30th March 2021, the Chief Minister of Ariana in a

press conference stated that herd immunity through vaccination was the only way to

curb the spread of Doronavirus within the state and that his government will ensure

that most of the state’s population is vaccinated at the earliest. Thereafter, on 03rd

April 2021, the Government of Ariana exercised its powers under the Epidemic Act,

1897, and issued an appropriate regulation for making vaccination mandatory for

performing certain activities (“Annexure B”).

16. The aforesaid restrictions imposed by the Central Government of Diana and State of

Ariana resulted in huge public criticism. Immediately after the promulgation of the

Act (but before issuance of subordinate legislation under the promulgated Act) and

imposition of a mandatory requirement for vaccination certificate by the State of

Ariana, a non-governmental organisation, “Freedom for All” filed a writ petition

before the Supreme Court of Diana challenging the same. The Central Government of

Diana and State of Ariana inter alia submitted that they undertook these measures to

improve public health, and protect the fundamental right to life and health of the

people of Diana.

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17. The Supreme Court decided to hear the petition and framed the following questions

for consideration:

I. Whether the writ petition filed by Freedom for All under Article 32 of

the Constitution of Diana is maintainable?

II. Whether the Epidemic (Amendment) Act, 2020 is violative of Part III

of the Constitution of Diana?

III. Whether the regulation issued by the State of Ariana is

unconstitutional and ultra vires to the Epidemic Act, 1897?

***

Please Note:

• Apart from the above mentioned issues, the participants are free to include any

other issue that they deem fit.

• Subject to the contents of this moot proposition, the laws of Diana are

paramateria to the laws of India, including the judgments delivered by the

courts in India.

• All names, incidents, terminology referred in the moot proposition are purely

fictitious and have been used for research and academic purposes only.

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Annexure A
THE EPIDEMIC (AMENDMENT), ACT 2020
No. X of 2020
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
5th March, 2021
The following Act of Parliament received the assent of the
President on the 5th March, 2021 and is hereby published for
general information:—.

An Act further to amend the Epidemic Act, 1897

BE it enacted by Parliament in the Seventy-second Year of the
Republic of Daina as follows:—

1. This Act may be called the Epidemic (Amendment) Act,

Short title and
2021. commencement.
(2) It shall come into force at once.
2. After section 4 of the Epidemic Act, 1897 (principal Act), the
3 of 1987
following sections shall be inserted, namely:-

“5. (1) Notwithstanding anything to the contrary contained in

Immunity to
any law, a developer or manufacturer as notified by the Central vaccine
Government, shall be immune from suit and liability under any manufactures.
law for the time being in force with respect to all claims for loss
caused by, arising out of, relating to, or resulting from the
administration to or the use by an individual of their vaccines.

Provided that the provisions of sub-section (1) shall not apply

where claim against the developer or manufacturer of the
vaccine is for death or serious physical injury caused by wilful
misconduct of such developer or manufacturer.

(2) No civil court, tribunal or authority shall have jurisdiction to

entertain any suit or proceedings in respect of the immunity
granted under sub-section (1).
(3) The provisions of sub-section (1) shall apply also in relation
to claims in respect of which suits or other proceedings have
been instituted in or before any court or other authority before
the commencement of this Act.

6. Any person who has suffered loss caused by, arising out of,
relating to or resulting from the administration to or the use by
an individual of vaccine of a developer or manufacturer notified
under sub-section (1) of section 5, may seek compensation from
the Central Government in such manner as may be prescribed.

Provided that the total compensation for the loss caused to an

individual from administration or use of vaccine shall not be
more than thirty lakh rupees.”

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Annexure B

Government of Ariana
Public Health Department
3rdApril, 2021

NOTIFICATION

No. ABC: Whereas the State Government is satisfied that the State of Ariana is
threatened with the spread of Doronavirus and a sudden surge of Dovid-19 cases, and
it is therefore necessary to take certain urgent measures to eradicate the Doronavirus
from the State of Ariana by ensuring vaccination of its residents, the Government in
exercise of the powers conferred under sections 2, 3 and 4 of the Epidemic Act, 1897
(Act 3 of 1897), prescribes the following regulations having effect from 15thMay,
2021 until further notice:

1. No individual, except for individuals below eighteen years of age, will be

permitted to –
(a) avail inter or intra-city public transportation services including buses,
railways and airways;
(b) enter or leave the State of Ariana either through public transportation
services including buses, railways and airways or private transportation
including roadways;
(c) access commercial establishments like offices and factories, without a valid
vaccination certificate.

Provided that transport of passengers for accessing emergency, medical

services shall be permitted.
Provided further that these restrictions shall not apply to individuals rendering
services in production and manufacturing units which require continuous
process and pharmaceuticals, API etc, and manufacturing units engaged in
production of essential commodities like dal and rice mills, food and related
units, dairy units, feed and fodder units etc.

2. All the District Collectors, District Superintendents of Police, Commissioners

of Police, Municipal Commissioners of Corporations and other competent
authorities in respect of the concerned institutions, organisations and
establishments are hereby authorized and directed to take all necessary
measures in a humane and judicious manner for enforcement and
implementation of the aforesaid regulations.

3. Any person, institution, organisation violating any provision of these

regulations shall be dealt under the provisions of the Epidemic Act, 1897.

***