BEFORE THE HON’BLE SUPREME COURT OF INDIVA
Drishti Foundation …Petitioner
Versus
Union of Indiva …Respondent
To,
The Hon’ble Chief Justice of India
And His Companion Justices
Of the Supreme Court of India.
THE HUMBLE PETITION OF
PETITIONER ABOVENAMED
I. MOST RESPECTFULLY SHEWETH:
1. The Petitioner Sumbits this PIL for the petition filed before the honourable
court. The petition invokes its jurisdiction before the honourable SC of India
under Art.32,25 & 26 of the constitution of india. It set forths the facts,
contentions, agruments and the laws on which the claims are based.
2. The case was filed by the Drishti Foundation which is NGO working against
the explotation of the religious feelings of the people by such so called godman
babaram through PIL before the honourable SC of India.
3. Art.32of the Indian Constitution gives the right to individuals to move to the
SC to seek Justice when they feel that their right has been ‘Unduly Deprived’.
The Apex court is given authority to issue direction or orders for the execution
of any of the rights bestowed by the constitution as it is considered ‘The
Protector And Guarantor of Fundamental Rights’.
4. The case deals with challenging the activities of exploitation being carried out
by the so-called Baba’s in their matths and ashrams and the religious
sentiments of the people. Exploited illiterate and poor women & children and
employed youths. He uses their energies by providing them training to play
with rifles and arms for his own protection and to prevent Govt. authorities to
take any action against him. He Poses himself as God or supernatural power to
attract women and has sexually abused many women’s too. The exclusionary
practice is based on domestic violence against women and violates Art.32, 25
and 26 of the constitution and protection of children sexual offences.
II. FACTS OF THE CASE:
1. Shivrashtra is a state in the Union of Indiva, where the population of the state
on basis of religious faith comprises 40% Hindus, 25% Muslims, 15%
Christians and the remaining 20% belong to various smaller groups like Paris,
Tribal and Non-tribals and non-believers. The state is predominately a hilly
area with people being religious. Mostly number of populations being illiterate,
carries out primitive occupations. Religious practices, superstitions, and rituals,
take much of their time and money which has greatly affected the development
of the state.
2. The state is known all over the world for its religious centres. The various
religious institutions in the state are imparting only religious education putting
the secular education into oblivion which has reduced drastically the people’s
employement avenues, the religious leaders Gurus and prophets of various
religions in the same state are vying with one another because of huge
donations offered by the pilgrims.
3. Accordingly mass prayers, retreats, yagnas, penance services etc. are conducted
very frequently. The religious leaders, so called God men in order to continue
their hold, have create a kind of fear in mind of their followers by way of
fundamentalist practices and attitudes, which further created divisions in the
society and often within the families too.
4. The youth of the state were boiling with anger and frustration looking at the
economic progress of other states, often revolted against those oppressive and
suppressive religious practices that prevailed in their states. There were many
protests by many groups headed by moderates, intellectuals, and non-believers
on various occasions in different parts of the state.
5. Dr. Virendra Panhalkar, the 70 years old social activist, who was shot dead on
20th August2013 in one city of the state of Shivrashtra, had waged a long and
lonely battle for an Anti-Superstition Law.
6. Within a week after the vicious assassination of Dr. Panhalkar, the Governor of
Shivrashtra signed the ‘Black Magic Prohibition’ Ordinance. It come into force
from 26th August, 2013 all over the state of Shivrashtra.
7. The ordinance is aimed at banning superstitious practices, inhuman rituals and
black magic that have been the used to exploit people in the name of religious
beliefs. This law is against fraudulent and exploitative practices, such practices
have no place in an enlightened society. In the entire text there is not a single
word about God or Religion.
8. The draft Bill clearly specifies 12 such practices which includes claiming to
perform surgery with just fingers or to change the sex of the foetus in the
womb, sexual exploitation under the guise of claims of supernatural powers,
branding women as witches and causing them physical harm, human sacrifices
and Aghori practices.
9. Inspite of coming into force of the above legislation the superstitious activities
are on rise. The people of state of Shivrashtra as being exploited by the self-
declared God like Babaram Maharaj, who has amassed huge wealth by
exploiting the religious sentiments of the people. Under the garb of religious
practices, he started to exploit illiterate and poor women and children and
employed youths. He uses their energies by providing them training to play
with rifles and arms for his own protection and to prevent Govt. authorities to
take any action against him. He poses himself as God or supernatural power to
attract women too. The ban his activities the govt. of Shivrashtra tried to enter
in to his Ashram but could not succeed.
10. In the backdrop of above facts and circumstances, Drishti Foundation which is
NGO working against the exploitation of the religious feelings of the people by
such so called Godman Babaram, has filed a PIL before the Supreme Court
under Article 32 of constitution of Indiva challenging the activities of
exploitation being carried out by the so called Baba’s in their Matths and
Ashrams and has prayed therein that all these Matths and Ashrams which are
carrying out the activities of exploiting the religious feeling of the people
should be closed and all the assets acquired by these Baba’s be confiscated and
added to the national wealth of Indiva.
III. GROUNDS OF THE CASE:
1. The PIL is maintainable before the supreme court as a PIL can be filed under
Art.32 of the Constitution for enforcement of Fundamental Right, as
guaranteed by part III of the constitution. In the present case, there has been
violation of the fundamental rights since, the action taken by the Baba made
women’s feel that their rights have been ‘unduly deprived’ in furtherance of the
principle of economic and social justice.
2. PIL also referred to litigation undertaken to secure public interest and
demonstrates availability of justice to socially disadvantaged parties and was
introduced by Justice [Link]. It is a relaxation on the traditional rule of
locus standi. Before 1980s the judiciary and the SC of India entertained
litigation only from parties affected directly or indirectly by the respondent. It
heard and decided cases only under its original and petitioner jurisdictions.
However, the SC began permitting cases on the grounds of PIL, which means
that even people who are not directly involved in the case may bring matters of
public interest to the court. It is the court’s privilege to entertain the application
of the PIL.
3. In 1981 Justice [Link] in S.P. Gupta v. Union of India, the concept of
PIL as follows, “Where a legal wrong or a legal injury is caused to a person or
to a determinate class of persons by reason of violation of any constitutional or
legal right or any burden is imposed in contravention of any constitutional or
legal provision or without authority of law or any such legal wrong or legal
injury or illegal burden is threatened and such person or determinate class of
persons by reasons of poverty, helplessness or disability or socially or
economically disadvantaged position unable to approach the court for relief,
any member of public can maintain an application for an appropriate direction,
order or 1 AIR 1982 SC 149 writ in the High Court under Art.226 and in case
any breach of fundamental rights of such persons or determinate class of
persons, in this court under Art.32 seeking judicial redress for the legal wrong
or legal injury caused to such person or determinate class of
persons”.Therefore, the petitioner humbly submit that the present PIL is
maintainable.
4. The activities exploiting religious sentiments of the people amount to
infringement of Fundamental Rights of people of Indiva because Art.25 of the
constitution gurantees freedom of religion to all persons in India. It provides
that all persons in India, subject to public order, morality, health & other
provisions.
5. In Hasan Ali v. Mansoor Ali the Bombay High Court held that Art.25 and
Art.26 not only prevents doctrines or beliefs of religion but also in pursuance of
religion. Thus, guarantees ceremonies, mode of worship, rituals, observances,
etc. which are an integral part of religion. What is the essential or integral part
of religion having to be determined in the light of the doctrines and practices
that are regarded by the community as a part of their religion and must be
included in them.
6. Alleged activities are contrary to the secular structure be it any religion it is
immoral to train children to pay with rifles and arms for their protection and
prevent Government authorities to take any action against him or sexually
abusing women making them believe that the so-called Baba’s are Gods or
supernatural power. This type of behaviour is intolerant in any religion. Under
the garb of religious practices, he started to exploit illiterate and poor women &
children and employed youths which was contrary to the secular structure of
the Constitution of India.
7. The ban on such Maths/Ashrams does not violate the fundamental rights of the
people to follow the religious faith of their choice as these Maths and Ashrams
have already exploiting the religious sentiments of the people. Due to
deliberate and malicious intention of hurting religious belief and sentiments of
people which was seen in baba’s such as Asaram Bapu and Baba Ram Rahim
cases.
8. It is being provided that, there would be a Vigilance Officer, who shall
endeavour to detect and prevent contravention of the provisions of this
Ordinance and the rules made thereunder and collect evidence for effective
prosecution of the persons contravening the provisions of this law.
9. It necessary to deal sternly with such baba’s to avoid exploitation against
innocent public and unworldly people and uneducated people. It is necessary to
avoid domestic violence against women and sexual abuse against children and
women.
10. The ordinance of ‘Black magic Prohibition’ is against fraudulent and
exploitative practices. Such practices have no place in an enlightened society.
In the entire text there is not a single word about God or Religion. The essential
purpose of this law is ‘to bring social awakening and awareness in the society
and to create a healthy and safe social environment with a view to protect the
common people in the society against the evil and sinister practices thriving on
ignorance.’
IV. THE PETITIONER THEREFORE PRAY: -
In the light of the arguments presented, cases referred and authorities cited, the
counsel for the Appellant humbly pray this Honourable Court to:
1. Allow the appeal filed;
2. The PIL filed under Art. 32 of the Constitution of India before the SC is
maintainable;
3. The practice of alleged activities by Baba’s which were supported by the
Math’s and Ashram violates the Art. 21, 32 and Art. 25-28 and caused domestic
violence to woman;
4. Award all such accused punishment under Section 295A of the IPC;
5. That the defendant has violated the fundamental rights of the indigenous people
and have caused religious degradation;
6. Ban the continuation of such Math’s/Ashram that harms the religious feelings
of the people and affects the Fundamental Rights of the citizens and cause
damage to poor woman and children; and/or
7. Pass any other order, other order that it deems fit in the interest of Justice,
Equity and Good Conscience
FOR THIS ACT OF KINDNESS, THE APPELLANT SHALL BE DUTY
BOUND FOREVER PRAY.
Date: 22.12.2022
Advocate for petitioner Petitioner
