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WRITTEN SUBMISSION ON BEHALF OF THE

PETITIONER

TABLE OF CONTENTS

LIST OF ABBREVATIONS………………………………………………………………04

INDEX OF AUTHORITIES………………………………………………………………05

STATEMENT OF JURISDICTION………………………………………………………06

STATEMENT OF FACTS………………………………………………………………...07

STATEMENT OF ISSUES………………………………………………………………09

ARGUMENTS…………………….…………………………………………………..….10

PRAYER…………………………………………………………………………………20

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LIST OF ABBREVIATION

AIR All India Reporter

Anr. Another

Art. Article

& And

Govt. Government

HC High Court

Hon’ble Honourable

No. Number

PIL Public Interest Litigation

Ors Others

SC Supreme Court

SCC Supreme Court Cases

Sec Section

v. or vs Versus

Vol Volume

CrPC Criminal Procedure Code

IPC Indian Penal Code

SCR Supreme Court Reporter

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INDEX OF AUTHORITIES

 LEGISLATION REFERRED

1. THE CONSTITUTION OF INDIA,1950

2. THE INDIAN PENAL CODE,1860
3. THE PROTECTION OF CIVIL RIGHTS ACT,1955
4. PROTECTION OF WOMEN AGAINST DOMESTIC VIOLENCE ACT,2005
5. THE PROTECTION OF CHILDREN AGAINST SEXUAL OFFENCES ACT,2012
6. THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES (POCSO) ACT

 CASES REFERRED

Sr.No NAME OF THE CASE

.
1. RAVISHANKAR @ BABA VISHWAKARMA VS THE STATE OF MADHYA
PRADESH
2. SANT GURMEET RAM RAHIM SINGH INSAN VS CBI
3. MADRAS HIGH COURT GRANTS BAIL TO GODMAN SIVA SHANKAR BABA
IN POSCO CASE
4. SRI NITHYANANDA SWAMI VS S.ARATHI RAO
5. SAKSHI VS UNION OF INDIA
6. SAINT SHRI ASHARAM BAPU VS STATE OF RAJASTHAN
7. BABASAHEB S/O BHIMRAO MOGLE VS STATE OF MAHARASHTRA
8. MUKTA DABHOLKAR VS CBI
9. S.R.BOMMAI VS UNION OF INDIA

 WEB RESOURCES
1. www.manupatra.co.in
2. www.lexisnexis.co.cin
3. www.livelaw.in
4. www.scconline.in
5. www.constitutionofindia.net
6. www.indiacode.nic.in
7. www.indiankanoon.com

 BOOKS AND COMMENTARIES

 THE CONSTITUTION OF INDIA
 THE INDIAN PENAL CODE
 HUMAN RIGHTS
 PUBLIC INTEREST LITIGATION
 FUNDAMENTAL RIGHTS AND THEIR ENFORCEMENT

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STATEMENT OF JUDGEMENT

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.
ART.32
a) The Right to move the SC by appropriate proceedings for the enforcement of the right
conferred by this part is guaranteed.

b) The SC shall have power to issue directions or orders or writs, including writs in the nature of
habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be
appropriate, for the enforcement of any of the right conferred by this part.

c) Without prejudice to the powers conferred on the SC by clauses (1) and (2), parliament may
by law empower any other court to exercise within the local limits of its jurisdiction all or any
of the powers exercisable by the SC under clauses (2)

d) The right guaranteed by this Art. shall not be suspended except a otherwise provided for by
this constitution.

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’
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.
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 eneriges 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.

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STATEMENT OF FACTS

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- tribal and Non – believers. The
state is predominately a hilly area with people being religious. Mostly 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.

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 employment 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 protest 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 August
2010 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’ Ordinace. It come into force from 26th August, 2020 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

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fraudulent and exploitative practices, such practices have no place in enlightened society. In
the entire text there is not a single word about God or Religion.
8. The draft Bill clearly specific 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 sacrifies 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 grab 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’s 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.

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STATEMENT OF ISSUES

1. Whether the PIL is maintainable before the Supreme Court of Indiva for hearing
and admission?

2. Whether the activities exploiting the religious sentiments of the people amount to
infringement of Fundamental Rights of people of Indiva?

3. Whether the alleged activiti es are contrary to the secular structure of Union of
Indiva as enshrined in the preamble of the constitution of Indiva?

4. Whether the ban on such Matths /Ashrams would violate the fundamental rights of
the people to follow the religious faith of their choice?

5. Whether amendment in the present laws is necessary to deal sternly with such
Baba’s?

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ARGUMENTS
ISSUE I

Whether the PIL is maintainable before the Supreme Court of Indiva for
hearing and admission?
1. 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. ‘Anti-freedom’ clauses were included in Art.32 by the 42 Amendment. Such an

amendment was made during the time of emergency when it was passed to reduce
‘both directly and indirectly’ the jurisdiction of the SC and the High Courts to
review the applications of the fundamental rights. Then 43 amendment of the
Indian constitution was passed which repealed Art.32A immediately after the
emergency was revoked. Following the amendments, the SC again gained the
power to quash the state laws. Also, the Hight Court’s got the power to question the
constitutional validity of central laws.

3. PIL means a legal action initiated in a court of law for enforcement in which the

public have some interest by which their legal rights are affected. A PIL can be filed
against the state for the violation of fundamentals rights under Art.32 of the
constitution; therefore the present PIL is maintainable against the Union of Indiva.

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4. PIL also refered to litigation undertaken to secure public interest and demonstrates
availability of justice to socially disadvantaged parties and was introduced by
Justice P.N.Bhagwati. 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 respondant. 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.

5. In 1981 Justice P.N.Bhagwati 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”.

6. The petition claimed by the petitioner is maintainable in the court of law. The
Hon’ble Judge of the SC of India has the inherent jurisdiction to try, and entertain
the present case by virtue of its writ jurisdiction; the petitioner has filed the PIL
before the Hon’ble SC of India, in the matter under Art.32, Art.25-28 and Art.21 of
constitution of india.
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7. It respectably and humbly contends that this Baba’s are guilty committing the
offence of insulting religious belief under Section 295A of the IPC.

8. However, the Art.21 and Art.25-28are majorly affected by this Baba’s where
religious instiutions in the state are imparting only religious education putting the
secular education into oblivion which has reduced drastically the people’s
employment avenues. Further this baba’s create fear in the mind of their followers
by way fundamentalist practices and attitudes, which affects the traditional religious
activities which followed by state old customs and culture.

9. Art.21-“Protection of Life and Personal Liberty- No person shall be deprived of

his life or personal liberty except according to procedure established by law.” This
fundamental right is available to every person, citizens and foreigners alike Art.21
provides two rights Right to life and Right to personal liberty.

10. The fundamental right provided by Art.21 is one of the most important rights that
the Constitution guranatees. The SC of India has described this right as the ‘heart of
fundamental rights’.

11. Art.25 freedom of religion to all person in India. It provides that all persons in
India, subject to public order, morality, healthy and to the other provisions of this
parts, are equally entitled to freedom of conscience and have the right to freely
profess, practice and propagate religion. Providing for social welfare and reform or
the throwing open of Hindu religious institutions of public character for all the
classes and sections of the hindus.

12. Art.26 ( to public order, morality & health) confers a right on every religious
denomination or any section of the such religious denomination of establishing and
maintaining institution for religious and charitable purposes, managing its affair
with regard to religion, owing and acquiring property (movable & immovable).

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13. Art.27 of the constitution prevents a person from being compelled to pay any taxes
which are meant for the payment of the costs incurred for the promotion or
maintenance of any religion or religious denomination.

14. Art.28 prohibits providing religious instructions in any educational institutions that
are maintained wholly out of the state funds.

15. Ashram and Maths have also violated the religious feelings and beliefs of the
people which is a punishable offence under Section 295A of the IPC. Sec.295A of
the IPC lays down the punishment for the deliberate and malicious acts that are
intended to outrage religious feelings of any class by insulting its religion or
religious beliefs.Sec.295A is a cognizable, non-bailable, and non compoundable
offence.
Therefore, the petitioner humbly submit that the present PIL is maintainable.
ISSUE II

Whether the activities exploiting the religious sentiments of the people amount to
infringement of Fundamental Rights of people of Indiva?

Yes, the activities exploiting the religious sentiments of the people does amount to
infringement of fundamental rights of the people as Art.25 to 28 of the Constitution of
India.

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:
 Are equally entitled to freedom of conscience, and
 Have the right to freely profess, practice and propagate religion.
This means that all Indian citizen are entitled to the aforementioned rights provided that
these do not contradict a public order, morality, health and other provisions.
It further provides that this article shall not affect any existing law and shall not prevent the
state from making any law relating to:

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Regulation or restriction of any economic, finanicial, politicial or any secular

activity associated with religious practice.

 Providing social welfare and reform
 Opening of Hindu religious institutions of public character for all the classes and
sections of the Hindus.
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 has to be determined in the light of
the doctrines and practices that are regarded by the community as a part of their religion
and also must be included in them.

WHAT IS RELIGION?
The German philosopher Immanuel Kant defines religion as “Religion is the recognition of
all our duties as divine commands”.

The constitution does not define the term ‘religion’ and ‘matters of religion’. Hence, it is
left to the SC to determine the judicial meaning of these terms.

Art.26 ( to public order, morality & health) confers a right on every religious
denomination or any section of such religious denomination of :
 Establishing and maintaining institution for religious and charitable purposes
 Managing its affair with regard to religion
 Owing and acquiring property (movable & immovable)
 Administering the property in accordance with the law

Art.28 prohibits
 Providing religious instructions in any educational institutions that are maintained
wholly out of the state funds.
 The above shall not apply to those educational institutions administered by the
states but established under endowment or trust requiring religious instruction to be
imparted in such institution.
 Any person attending state reorganized or state funded educational institution is not
required to take part in religious instruction or attend any workshop conducted in
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ARUNA ROY V.UNION OF INDIA, (2002) 7 SCC 368

In this case, PIL was filed under Art.32 wherein it was contended by the petitioner that
the National Curriculum Framework for School Education (NCFSE) which was
published by the National Council of Educational Research & Training is violative of
the provisions of the constitution. It was anti secular and was also without the
consultation of the Central Advisory Board of Education and hence it should be set
aside. NCFSE provided education for value development relating to basic human
values, social justice, non-violence, self discipline,compassion etc. The court ruled that
there is no violation of Art.28 and there is also no prohibition to study religious
philosophy for having value based life in a society.

ISSUE III

Whether the alleged activities are contrary to the secular structure of Union of Indiva
as enshrined in the preamble of the constitution of Indiva?

1. Secularism means developing, understanding and respect for different

religions. It is believed that the word ‘Secularism’ has its origin in late
medieval Europe. In 1948, during the constituent assembly debate, a demand
was made by the KT shah to include the word ‘Secular’ in the preamble to
the constitution.

2. The members of the assembly though agreed to the secular nature of the
constitution but it was not incorporated in the preamble. Late, in 1976 the
Indira Gandhi government enacted the 42nd amendment act and the word
‘Secular’ was added to the preamble. The 42nd Amendment Act also known
as the “Mini Constitution”

3. In the much-disputed Ayodhya case, it was held by the apex court that the
constitute postulates equality of all faiths. Through tolerance & mutual co-
existence, the secular commitment of our country and its people can be
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4. Secularism as contemplated by the Constitution of India has following

distinguishing features:

 The state will not identify itself with aor be controlled by any
religion;

 While the state guarantees to everyone the right to profess

whatever religion one chooses to follows, it will not accord any
preferential treatment to any of them

 No discrimination will be shown by the state against any person on

account of his religion or faith.

 The right of every citizen, subject to any general condition, to enter

any offices under the state and religious tolerance from the heart
and soul of secularism as envisaged by the constitution. It secures
the conditions of creating a fraternity of the Indian people which
assures both the dignity of the individual and the unity of the
nation.

5. Secularism seeks to defend the absolute freedom of religious and other belief
insofar as it does not impinge on the rights and freedoms of others.
Secularism ensures that the right of individuals to freedom of religion is
always balanced by the right to be free from religion.

6. Various religious institutions in the state are imparting only religious

education putting the secular education into oblivion which has reduced
drastically the people’s employment avenues.
Bira Kishore Dev v. State of Orissa, AIR 1964 SC 1501
In this case, the validity of the Shri Jagannath Temple Act, 1954 was challenged on
the ground that the Act is discriminatory in nature and violates Art. 26(d) of
the Constitution. It was contended by
the petitioner (Raja of Puri) that the temple was his private property and he had the sole
right over management as well as superintendence of the temple. The Act
took away the sole management of the temple from the appellant and vested
it with the Committee. Dismissing the appeal the SC held that there was no

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violation of the fundamental right of freedom of religion of the petitioner and the Act
only dealt with the secular management of the institution.
Secularism champions universal human rights above religious demands.
It upholds equality laws that protect women, LGBT people and minorities from
religious discrimination. These equality laws ensure that non-believers have the same
rights as those who identify with a religious or philosophical belief.
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 ta
ke any actionagainst him or sexually abusing women making them believe
that the so-called Baba’s are Gods or supernatural power. This type of behavior 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.

ISSUE VI

Whether the ban on such Matths /Ashrams would violate the fundamental rights of the
people to follow the religious faith of their choice?
Art. 25 of the Constitution guarantees freedom of religion to all persons in India. It
provides that all persons in India, subject to public order, morality, health, and other provisions:

 Are equally entitled to freedom of conscience, and

 Have the right to freely profess, practice and propagate religion.

This means that all Indian citizens are entitled to the aforementioned rights provided
that these do not contradict a public order, morality, health and other provisions.
It further provides that this article shall not affect any existing law and shall not
prevent the state from making any law relating to:

 Regulation or restriction of any economic, financial, political, or any secular activity

associated with religious practice.
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 Providing social welfare and reform.

 Opening of Hindu religious institutions of public character for all the classes and sections of
the Hindus.

This means that the state can either condition the working of existing law(s) or make new law(s) so
as to regulate and restrict financial, political, economical, or other secular activities associated
with faiths. It further facilitates social welfare and reform or opening of Hindu religious institutions
of a public character that is open to all sections and classes of Hindus.
Thus, 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
The practice, promotion and propagation of human sacrifice and other inhuman, evil and aghori practices and
black magic, and the unauthorised and illegal medical practices by conmen, etc., is being prohibited
by providing a definition of the term “human sacrifice and other inhuman, evil and aghori
practices and black magic”. Such practice is being made an offence under this Ordinance
and to serve as deterrent, it is proposed to provide for stringent penal provisions for such offences
including making of such offences cognizable and non-bailable.
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. It is
proposed to provide for an enabling provision which would empower the Court to
publish the details relating to the conviction of a person for commission of an offence
under the provisions of this Ordinance; and other incidental and connected matters.
Section- 3 of the Domestic Violence Act, 2005 says that what comprises Domestic
Violence as indicated by which Domestic Violence will include: -
 Threats to Life, Health & Safety etc., whether Physical or Mental, incorporating
Sexual Abuse, Physical Abuse, Verbal and Emotional Abuse and Economic Abuse, or

 Harassment through any forms such as injuries, harms to the aggrieved person by coercing
her or any other person related to any unlawful demand for dowry or other property or
valuable security; or

 Otherwise injuring or causing harm, through Mental or Physical means to the Aggrieved
Person.

Bans on Maths/Ashram does not lose faith in religion but in these Fake Godmen or Baba’s who
misuse the Doctrine of belief and are a threat to the religion as well as the society. He not

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ISSUE V
only exploited the religious sentiments of the people but also caused domestic violence on the
woman.

Whether amendment in the present laws is necessary to deal sternly with such Baba’s?
Yes, 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.
In order to avoid any dispute about faith and superstition, erupting in the Court of Law,
there is no m e n t i o n o f f a i t h o r b l i n d f a i t h i n t h i s A c t , 1 2 i t e m s l i s t e d i n t h e
a p p e n d i x a r e t o b e c o n s i d e r e d a s superstitions. They are Dakin, Jadutona (black
magic), Mantra-Tantra, etc. that openly exploit gullible people.
This law is the first of its kind in India. If a person is convicted of the crime committed under this
law, he will be sentenced to hard labour in prison from 6 months to 7 years. In order to
avoid any dispute on the law, all words like god, fate, religion, faith and superstition are totally
avoided.

This law is against fraudulent and exploitative practices. Such practices have no place in an enlightened
society.
20 | 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.’ The draft bill clearly specifies 12
such practices.
These include claiming to perform surgery with just fingers or to change the sex of the fetus 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 other Aghori practices. All of us need to ask one
simple question, whether we should remain in barbaric condition or should try to evolve into homo
sapiens sapiens.
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PRAYER

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 also caused
domestic violence to woman;

4. Award all such accused punishment under Section 295A of the IPC;

5. That the defendant have 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.

Place:

Date: --/--/--

(COUNSEL ON BEHALF OF THE PETITIONER)

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