Moot Problem 3
Drishti Foundationvs. Union of Indiva
Shivrashtra is a state in the Union of Indiva. The population of the state on the basis of religious
faith comprises 40% Hindus, 25% Muslims, 15% Christians and the remaining 20% belong to
various smaller groups like Parsis, Tribal and Non-tribals and Non-believers. The state is
Dredominately a hilly area with four holy rivers flowing through it and the people are very religious
by nature. A large number of population 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.
The state is known all over the world for its religious centers. The various religious institutions in
the state are imparting only religious education putting the secular education into oblivion which
has reduced drastically the people'semployment avenues. As the state is a pilgrimage center, the
religious leaders, Gurus and Prophets of various religions in the state are vying with one another
because of huge donationsoffered by the pilgrims.
Accordingly, mass prayers, retreats, yagnas, penance services ctc. are conducted very frequently.
The religious leaders, so called God men in order to continue their hold, have created a kind of
fear in the mind of their followers by way of fundamentalist practices and attitudes, which further
created divisions in the society and often within the families too.
The youths of the State, who were boiling with anger and frustration looking at the economic
progress ofother 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.
Dr. Virendra Panhalkar, the 70 years old social activist, who was shot dead on 20" August, 2020
in one city ofthe State of Shivrashtra, had waged a long and lonely battle for an Anti-Supersitition
Law.
Within a week after the vicious assassination of Dr. Panhalkar, the Governor of Shivrashtra signed
the Black Magie Prohibition' Ordinance. It came in to force from 26" August, 2020 all over
the Staté of Shivrashtra.
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The ondinance is aimedat banning superstitious practices, inhuman rituals and black magic that
bavebeen 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
enhghtened 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
preate a healthy and safe social environment with a view to protect the common people in the
sciety against the evil and sinister practices thriving on ignorance.
The draft Bll clearly specifies 12 such practices.
These 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
a8 witches and causing them physical harm, human sacrifices and other Aghoripractices.
Inspite of coming into force of the above legislation the superstitious activities are no rise. The
people of State of Shivrashtra are 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 &children
and employed youths. He uses their energies by providing them training to play with rifles and
arms for his ownprotection and to prevent Govt. authorities to take any action against him. He
poses hinmself as god or Supernatural power to attract women and he sexually abused many
Women's too. The ban his activities the govt. of Shivrashtra tried to enter in to his Ashram but
could not succeed.
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 aPIL before the Supreme Court under Article 32 of Constitution of Indivachallenging
ne 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 theassets acquired by these
Baba's be confiscated and added to the national wealth of Indiva.
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Looking in to the facts and circumstances the Hon'ble Supremne court of Indiva, has placed the
nresent PlL for final disposal at the stage of admissionand has framed following issues;
Issues:
)Whether the PIL is maintainable before the Supreme Court of Indivafor hearing and admission?
2) Whether the activities exploiting the religious sentiments of the people amount to infringement
of Fundamnental Rights of the people of Indiva?
3) Whether the alleged activities are contrary to the secular structure of Union of Indiva as
enshrined in the Preamble of the Constitution of ndiva?
4) Whether the ban on such Matths / Ashrams would violate the fundamental rights of the people
tofollow the religious faith of their choice?
5) Whether amendment in the present laws is necessary to deal sternly with such Baba's?
Note: - The laws and Constitution of Indiva is the same as to the laws and Constitution of India
