Dr. T. S. N. Sastry Head, Dept.

of Law Respected Sir,

tsnsastry@gmail.com Date : 31-1-2011

I am glad to bring to your kind notice, the Department is conducting the Annual Moot Court Competition for the Post Graduate Students during 11-12March 2011. As you are well aware, this is the second year of the first Moot Competition in the history of Post Graduate Legal Education in the country. The event is conducted in order to emphasize for the post graduate students that the techniques of research skills learnt by them and I am sure that this will be of immense help in joining the legal profession apart from teaching and research or the corporate world. A copy of the Moot problem and the rules of the competition is enclosed to be displayed in your campus and to bring to the knowledge of the PG students of your esteemed institution. For the Moot Court problem and the rules and regulation, students may visit the official website of the University. (www.unipune.ac.in). I solicit your cooperation in bringing the same to the attention to the faculty and students and in sending a team from your institution to make the event a grand success.

Thanking you and with regards. Yours faithfully,

(T. S. N. Sastry) Head, Dept. of Law

UNIVERSITY OF PUNE DEPARTMENT OF LAW Invites you to participate in the Annual Post Graduate National Moot Court Competition On

Social Networking - National Security, Right to Privacy and Human Rights

Date: 11-12 March 2011 at

Department of Law University of Pune

Chief Patron Dr. R.K. Shevgaonkar Vice Chancellor, Uni. Of Pune Co-Patron Dr. T.S.N.Sastry, Professor, HOD Organising Committee Dr. Dilip. Ukey Dr. Durgambini Patel Mr. Naresh Waghmare Ms. Sonia Nagarale

Co-ordinator- Dr. Jyoti Bhakare, Reader, Dept. of Law Mobile- 91+ 9422008075 Student Co- Ordinators Hassain Kaazi- mob. +91-9422578178 Bhalchandra Shinde- mob.+91- 9975943575 Sheetal Bagal- mob.- 91+9881864953 Deepak Hole- mob.-91+ 9881738022 Last date of registration 25th Feb. 2011 Last date of submission of Memorials- 4th March 2011

For further details refer our website www.unipune.ac.in e-mail : pulawdept@gmail.com, jyotibhakare@gmail.com Phone : (Off.) 020-25601304 Fax : 020-25692879

University of Pune Department of Law

Annual Post Graduate National Moot Court Competition To be held on 11 -12 March 2011

Petition filed before the Honble Supreme Court of Indiana for the adjudication of the issues of Leakage of Information by Social Networking Groups, Public and private Institutions vis--vis Protection of Law of Privacy and human rights.

NAME OF THE PARTIES:

Peoples Union for Human Rights v. State of Indiana

Dept of Law, University of Pune

FACTS OF THE CASE The State of Indiana is located in the South Asian Region of Asia. It is one of the ancient nations in the world. The country is well equipped with a cultural outlook with civilization. It is a democratic country with a Republican constitution. The constitution of the country guarantees fundamental rights to the citizens on par with the principles of international Law of Human Rights. Apart from the Constitution, the country has rich number of texts dealing with number of aspects relating to culture, Dharma, and Privacy. But there is no specific legislation dealing with the law of Privacy. In order to cater to the needs of the society and to develop its growth rate in conjunction with number of developing countries around the world, the State of Indiana too opened up its economy in 1990. After the opening up of economy, the country made a leeway of administrative norms for a number of information centers in the country with a huge number of concessions. With this, in a quick span of time, the country became one of the leading exporters of software. Almost all the states of the country and the Union have fallen in line with the information technology and started rendering various services through information technology. Due to the lenient view of the Government, a number of IT parks and individuals established social service centers to provide services in various sectors of the country. A number of mobile phone companies too joined in providing a number of social networking services to their customers. In the process, the multinational companies in order to provide their services have developed formats to get extensive information of individuals to provide various services. Basing on this, the information parks and mobile phone companies entered into tie-ups with a good number of social sector organization s and launched a host of websites. Almost all the websites made it mandatory with strict legal terms and conditions to fill the application forms online with a detailed description of details for rendering any service form their organization. The data has been generated by each provider, started supplying to various other organizations for legal consideration. Further, the Government in order to attract foreign currency into the country has relaxed a number of clauses to provide licenses to mobile companies on the name of providing cheapest service in mobile industry in the world to its citizens. Further, considering the usefulness of information technology and the quick delivery system of service, the Government has also updated its administrative machinery and most of the public institutions fallen in line with the private competitors and sought personal information of individuals. As there was no enacted law to regulate the information sector and the social networking groups, most of the service providers started leaking the information of their clients to a host of websites for different purposes and the photos that were placed by

individuals especially, children and women were digitally modified and started using for various illegal activities which are offensive and blemishing the personality of the individuals. Apart from that some of the service providers started encrypting the various websites and taking information of the individuals and using it for several types of wrongful purposes. Taking into consideration of the activities of the IT and Social network groups, the Government has enacted an Information Technology Law and Regulation in the year 2000. However, there were a number of lope sided provisions in the legislation to help the IT industries and the Government organizations. The law also does not contain provisions to protect the privacy of individuals and permits data banks to reveal the information to Government and other agencies approved by Government on the name of Security of the Country. The Criminal Laws and the Law of Evidence though have provisions; they are not of much help. Most of the provisions of the criminal law is not updated in tune with the latest developments and are less consequential as they are not affectively deter wrongdoers. Further, in the year 2008 though the Government of Indiana amended the law extensively, still left untouched those provisions which are related to social networking groups.

In the above scenario in the name of security, the Government took a decision to issue national identity cards to all the citizens before December, 2012. In this regard the Government wanted entire information of every individual including all the personal details which will be under the control of the office of the Prime Minister of the country. Apart from the above, in the name of security, the Government has asked some of the mobile phone companies to provide all information in detail whenever it is sought, of their subscribers and access to their information at any point of time. Further the Government issued another order that the various security organizations like police, vigilance etc., have a right to tap of the mobile phones and to encrypt the computers of any person in the country at any point of time without any prior information through the internet providers. It has also said that the news channels should not broad cast any item with respect to the uses and misuses of information technology and no bulk messaging by individuals or by internet providers which are identified from time to time. Further, it said that all the information avenues need to provide any information in their custody including the identity of persons need to be revealed to the state. The opposition parties opposed all the moves advocated by the government and contended that all these steps initiated by the government are violative of a number of fundamental rights guaranteed by the Constitution and human rights to which the state being a party to a number of International Conventions of Human Rights. They tried their best in the Parliament to stop the Government including complete stalling of the entire session of the Parliament. The government thrashed all the contentions, and said that in the

era of good governance, the state always has a right to exercise its power on any issue that affects the security of the country. It started arguing that the Right to Information is available not only to individuals to seek information from the Government, but the Government also has a right under the philosophy of Human Rights. The Government further launched a propaganda that the information that it tries to sought and tapping of mobile phones of individuals is a well conceived idea to protect the people from terrorist acts for which the state is prone. At this juncture, a communiqu issued by the Ministry of Home Affairs of the country further stated that all the steps taken by the Government are only in tune with the Constitution and the philosophical contours of human rights. It further stated that the paramount consideration of the Government is to provide security to all its citizens under any circumstances and to prevent the breach of security by foreign invaders. In this situation as argued by the opposition parties, privacy is not the only sole criteria to collect information of individuals by the state. The communiqu also assured that information received by the state in no way will be either misused or leaked to private agencies for illegal purposes. The communiqu also stated that even the human rights law is not above the interests of the state in providing security to its citizens. The state is only taking precaution in protecting the human rights of the individuals, especially from the massive attacks of terrorists and other national groups fighting for various reasons and killing innocent people. It also said that seeking of such information of individuals whenever it deem fit will effectively help the state to identify the acts of any group which tries to destabilize the peace and security of the country and the mass killings and other destructive activities aimed at the innocent lives of people. The communiqu blamed the opposition parties and the media that they are unnecessarily exacerbating the issue to gain popularity and to create chaos in the country by misguiding the people in the name of violation of their right of privacy. The communiqu appealed the people to cooperate with the steps taken by the government and not to listen to false propaganda of the media and the Opposition parties. The communiqu also stated that if any individual or organization refuses to adhere to the norms laid down by the government from time to time in providing information to it whenever it is sought, civil and criminal action will be initiated. It empowered the police to take cognizance of any incident of refusal to provide information, and to proceed further sternly including arresting the persons, and sealing the organizations who refused to divulge such information or to cancel the licenses. In this scenario, the Peoples Union for Human Rights considering the significant impact of the decision of the Government on the exercise of Fundamental Human Rights of the citizens. And, the impact of the decisions on right to privacy and the misuse of information by the social networking groups of a great cultural country wrote a letter to

the Chief Justice of Indiana requesting the Supreme Court to intervene to protect the rights of the citizens as guaranteed by the constitution on the following grounds. 1) Any intervention into the personal affairs of the people of the country is opposed to public policy at large as recognized from ancient period which are part and parcel of cryptography. Such Encryption would not only violative of privacy of individuals but infringe the Law of Copyright. 2) In the modern era of democratic governance and good governance, the powers of the state are restricted and need to be exercised only in the promotion of best interest of individuals. Instead the state started advocating in an adverse manner which is not in tune with the concept of good governance evolved all over the world. Any deviation is tantamount to gross violation of the provisions of the Constitution and international obligations and especially the culture that has been developed by a number of texts of the country from ancient periods. Accordingly the state may be directed to withdraw all the steps and the communiqu of the Ministry of Home Affairs with immediate effect, before it further erupts into serious crises. 3) The provisions which are made by the Government to tap the mobile phones at will and the relaxation of rules in allocation of licenses to the telephone companies at will by the ruling party in power, are to encourage corruption in the country in a massive manner and causing loss to the Government and to further to protect the interest of its ministers and legislators and with an aim to harass the opposition parties. Further, in order to win the elections this is a means to gain votes by keeping a vigil on the activities of opposition parties to thwart their activists by framing false charges and to use the entire machinery of information for its advantage. It appealed the Court as a custodian of the human rights and the constitution of the country, to scrap the illegal licenses given to certain phone companies without adhering to proper norms and to collect the revenue loss caused by such Ministers and officials. 4) It further requested the court to direct the state to amend the Information Technology Law and Regulation and other necessary civil and criminal laws of the country in view of the impact of science and technology especially in the information era with stringent provisions and deterrent punishment to any social service provider whomsoever leaks information or uses it for any illegal purposes. It further requested the court to direct the private and public agencies which violated the law of privacy and leaked the information to various agencies and in morphing the photos of women and children and used for promoting vulgar items affecting the decency of women and children.

5) The petitioner sought further directions, to the investigating agencies and the police to destroy the files which contain the invading privacy information with them and not to collect information of individuals without any prior notice and the purpose for which it is sought. Taking into consideration of the public spirit in the petition, the Honble Supreme Court accepted the letter as a writ petition and issued notices to the Union of Indiana and all the Chief Secretaries of the states and Union Territories of it to defend their case. The case is posted for final arguments during 11-12 March 2011 and for disposal.

ANNEXURE I

1) All the relevant ancient, modern, texts of Indian law may be referred for arguing the case. 2) All the international conventions on Human Rights to which India is a party may be referred.

ANNEXURE II Rules and Regulations of the competition

1. The Competition is open only to the regular (internal) PG (LL. M/ML) students of Law those who are on roles at present in the respective institution. 2. The Participating teams should submit registration form in the enclosed format only. 3. TA/DA may be obtained from the respective institution by the participating teams. 4. The teams will be provided with the accommodation. If accommodation is required specific request must be made in the registration form itself. 5. All the institutions should send the names of the participating teams on or before 25th Feb. 2011. 6. All the mooters appearing for the competition should wear black coat and a tie for gents; and a coat for the lady mooters. 7. All the participating teams should send the memorials within the prescribed deadline prior to on or before 4th March 2011. 8. The final round of the competition will be judged by the Honble Judge of the Supreme Court /High court/ Senior Advocate/ Senior Academician. 9. The memorial should be around 25 pages. 10. The memorial should be prepared in the format of guidelines specified. (Refer Annexure III) 11. Among the memorials the memorial adjudged as the best by the judges will be declared as the Best Memorial. 12. There shall be following prizes : a) The best mooting team as Winners with a trophy. b) The second best team will be given Runners trophy. c) The Best Advocate mooter will be given a memento and a certificate. d) The Best Memorial will receive a memento and a certificate. e) All the participants will be given certificates. 13. Apart from the members of the participating team one teacher of the respective institution or department may accompany the team. However they have to claim TA/DA from their respective institution. 14. The Decision of the Host Institution is final in all respects. All disputes if any are only to the jurisdiction of the Department of Law, University of Pune whose decision shall be final and binding on the parties concerned and no further appeal is allowed.

15. The names of the participating teams will be kept confidential from the purview of the judges till the end of the competition. 16. The names of the teams should not be written on the memorials. 17. The marks will be awarded as follows: Marks Allotted 40 20 Areas Memorial (Presentation and arrangement of arguments; Research Skills, Drafting skills; comparative approach). Knowledge of the facts Framing of the issues Familiarity with International Authorities Knowledge of substance and process of International Law Knowledge of legal principles applied to the facts Response to the questions Convincing ability Language and Court Etiquettes TOTAL

20 10 10 100

ANNEXURE III Guidelines for Memorial Preparation

The Memorials should adopt the following pattern of the methodology. Contributions should be made in both electronic (floppy/ CD) and hard copy, and should be in MS-Word. Memorials once submitted will not be returned under any circumstances. After acceptance, it will not be possible to amend texts. Spelling should follow the British pattern as in the Oxford English Dictionary. Referencing style for footnotes: The first reference to any book, article or document should be mentioned in the following way: Book: 1. A. Shearer, Starkes International Law, 11th Edition (Butterworths, London, 1994), p. 10.

Article appearing in an edited book: T.S.N. Sastry: Good Governance and Right to Health in Good Governance and Development, (ed. K.K. Bagchi) (Abhijeet Publications, New Delhi, 2009) Pp370- 386 at p 374

Article appearing in a Journal: A. Jayagovind, Legality of Unilateral Measures in International Trade Law, Indian Journal of International Law, vol. 40 (2000), pp. 14-27 at p. 18. Full name of the Journal should be provided where it is being referred to for the first time, thereafter; in subsequent references its abbreviated name should be mentioned.

Article in News magazines: Kuldip Nayar, Where the NHRC has Failed, World Focus (New Delhi), vol. 22 (January 2001), pp. 17-18 at p. 17.

Article from Newspapers: C. Raja Mohan, Another Sino-Indian Bid to Generate Trust, The Hindu (New Delhi), 17th May 2001, p. 1

ICJ Reports: Appeal Relating to the Jurisdiction of the ICAO Council (India v. Pakistan), ICJ Reports 1972, pp. 46-179 at p. 70.

UN documents: United Nations Millennium Declaration Adopted by the General Assembly on 8 September 2000 at its Fifty-fifth session, UN Doc. A/RES/55/2.

Judicial decisions of the National Courts: Vishaka v. State of Rajasthan, AIR 1997 SC 3011-17, at p. 3015.

Reference from websites: References from websites should consist of the full address of the web page browsed with the date of browsing. For example: http://mumbai.usconsulate.gov/educational_exchange.html (browsed on 3-09-2009)

ANNEXURE IV Registration Form

University of Pune Department of Law Annual P.G. Moot Court Competition 2011 1. Name of the Institution________________________________________ 2. Address of the Institution _____________________________________ ______________________________________ ______________________________________ ______________________________________ 3. Names of the Mooters: i) ________________________________(M | F) ii) ________________________________(M | F)

4. Name of the accompanying Teacher: ____________________________ (M | F) 5. Contact Details of the Mooters:

6. Date & Time of Arrival and Departure:

7. Any other information: whether Accommodation required (Yes/No)

Signatures of the Participants

Signature of the Sponsoring Authority with seal

ANNEXURE V CERTIFICATE TO BE ANNEXED WITH THE MEMORIAL

This is to certify that Mr/Ms. __________________________________________________ are the bona fide mooters and researcher of our Institution. They are the students of LL M/ ML regular students. The memorial prepared by them is a bona fide research work for the Annual Post Graduate National Moot Court Competition 2011 conducted by the Department of Law, University of Pune. To the best of my knowledge, the memorial has not been submitted for any other competition, or award of any degree/course to any other institution.

Signature of the

Vice Chancellor/Dean/Head/Principal Place: Date :

Official Seal of the Institution