DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

LUCKNOW

MOOT COURT COMMITTEE

CONCOURS, 2019

FOR FIRST YEAR STUDENTS ONLY

MOOT PROPOSITION
 THE RELIGIOUS CASE OF THE PUSHKARITE MATTH
1. Republic of Kashistan is a Sovereign, Socialist, Secular, and Democratic Republic. It
is divided into 29 States and 9 Union Territories. Religion in Kashistan is the foundation
for most areas of life for individuals and families. Kashistan is known for its cultural
and religious diversity, however, more than 80% of people in Kashistan follow the
religion Vinism. To maintain unity in diversity and to avoid the after effects of the
‘divide and rule policy’ of the British before the independence of Kashistan, the
constitution gave due importance to secularism. Religious conflicts, which arose in the
past, were nothing which the spirit of brotherhood could not solve. However, with the
rise in extremism in the recent past there have been frequent clashes between Vinism
and other minority groups residing in Kashistan. These clashes have turned violent with
deaths being reported in some of the cases.

2. Pushkarism is a minority religion followed by approximately 9% population of

Kashistan. The followers of Pushkarism believe Lord Pushkar to be the one true God
and preach his message of equality, love and harmony among all living beings.
Proselytizing is essential to the practice of the religion. [An extract from the holy book
of Pushkarism, the “Pushkaraan” is provided in Annexure 2]
3. State of Mrinalkhand is a state in the Republic of Kashistan. It is known to be the holy
ground in Vinism as their supreme Deity Sri Kishen was born in Lohiya, a city in the
State of Mrinalkhand. Approximately, 46% of the population following Pushkarism in
Kashistan reside in the State of Mrinalkhand.
PART I: I AM MY RELIGION
4. Pushkarite Matth is a Religious denomination of Pushkarism. [More can be known
about the Pushkarite Matth from the book “Religions of Kashistan” by the world
renowned anthropologist and Historian, Bhangi Agarwal (Annexure 3)]. Considered
on the side of hardliners among the various denominations of Pushkarism, Pushkrite
Matth emphasise on strict observance of the teachings of Lord Pushkar, one of which
is proselytizing. They work for the benefit of the followers of Pushkarism by
conducting workshops in carpentry, tailoring etc., for them and also help them to get
jobs in cities. These workshops are conducted in the ‘House of Worship’ where the
followers give their prayers every day.
5. Pushkarite Matth holds a sermon every evening in their ‘House of Worship’. One such
‘House of Worship’ is situated in the outskirts of Lohiya which is mostly populated by
the poor and backward classes of the society. The area is also an abode to a large number
of ex-convicts who have completed their term in prison. The sermons are open to
everyone irrespective of their religion. In Lohiya, Pushkarite Matth in the past 2 years
has started offering grains, manure, a meal and a promise of financial assistance at the
end of every sermon to the attendees of other religions as an incentive for them to attend
the sermons. These sermons are conducted by the leader of the Pushkarite Matth, His
Holiness Harsh Acharya. His Holiness Harsh Acharya is known for his captivating
speeches and his oratory skills are such that he holds the audience in the palm of his
 hands while giving sermons often raising the religious fervor to a feverish pitch. The
audience at certain occasions have been known to say that Lord Pushkar himself speaks
through Harsh Acharya during sermons. His Holiness talks about the Lord being
accepting and forgiving without any judgements. He also explains that everything
happens for a reason and the current misery will eventually lead to prosperity and
happiness. Certain ex-convicts felt relieved after attending the sermon and were
comforted with the idea of the Lord forgiving them even if the society does not. People
in the area started converting to become followers of Pushkarism.

6. Conversion to Pushkarism has increased rampantly in the past one and a half years in
the area. Such conversions undertaken by the Pushkarite Matth angered certain groups
of people following Vinism. Although people from all religions converted to
Pushkarism, the number of people converting from Vinism was significantly higher.
Certain groups of people following Vinism captured the recent converts and assaulted
them, forcing them to chant “Jai Sri Kishen”. These groups also forced converts from
Vinism to reconvert. It was alleged by the followers of Vinism that the alms and
allurements offered by the Matth are the source of increase in such conversions.
7. In order to curb violence, restore public order and to prohibit forcible conversions in
any manner, the Government of Mrinalkhand exercising its power under Entry 1 List
II of the Seventh Schedule of the Constitution brought the Mrinalkhand Freedom of
Religion Act, 2018 (Annexure 1) which was passed on 6th July, 2018. His Holiness
Harsh Acharya was prosecuted under section 5 of the Act on 26th October, 2018. On
25th November, 2018, a writ petition under Article 226 of the Constitution was filed by
His Holiness Harsh Acharya along with the Pushkarite Matth stating that the
Mrinalkhand Freedom of Religion Act, 2018 is unconstitutional as it violates the rights
provided under Article 25 and Article 26 of the Constitution. On 11th March, 2019, the
High Court of Mrinalkhand dismissed this petition holding the Act constitutionally
valid.

8. On 1st April, 2019, the petitioner has approached the Supreme Court of Kashistan
through a Special Leave Petition No. 111 of 2019 and has prayed for quashing the
judgment of the High Court of Mrinalkhand and to declare the Mrinalkhand Freedom
of Religion Act, 2018 unconstitutional.

PART II: LORD IS LIFE

9. Meanwhile, on 1st January, 2019, Ms. Pinka Pai of the Pushkarite Matth met with an
accident in Lohiya. She was rushed to the nearest hospital, Swarnikaben Memorial
Hospital which is a State Government run hospital. Her identity was neither known to
the officials on the site of accident nor to the members of the Hospital as she did not
have any kind of identification on her. However, a bracelet on her arm identified her as
a member of the Pushkarite Matth. The members of the Pushkarite Matth carry such
bracelets so that the people around them can identify them as being part of the
denomination and treat them accordingly. The underlying reason is that the beliefs and
practices of the Pushkarite Matth are significantly different from the society and are
 followed by them stringently in their day to day life. These practices are generally
known in the Republic of Kashistan. One of the controversial practice was their refusal
of blood transfusion even if there was danger of loss of life.
10. Ms. Pinka Pai was taken to the Trauma Specialists of the Swarnikaben Memorial
Hospital, Dr. KD Ja and Dr. Raul. The doctors declared her condition to be critical that
required immediate surgery. According to them, the patient had lost a lot of blood and
a blood transfusion was necessary to carry out the operation to save Ms. Pinka Pai. The
doctors opined that an operation would in all probability save the life of the patient.
However, the chances of death without the operation were significant, around 80%.
Even if she survived without the operation, the chances of organ failure were extremely
high. Although, the doctors had knowledge of the bracelet and what it entailed, they
decided to proceed with the operation and the blood transfusion in their medical
opinion. They even consulted Dr. Zanab Aawadi, best Trauma Specialist of Kashistan,
who was of the same opinion.

11. The operation was successful and Ms. Pinka regained consciousness on 2 nd January,
2019. As soon as she was informed of the blood transfusion she went into a state of
shock about her religion being violated. She demanded an explanation from the
administration and was informed by the doctors about the conditions of her surgery. Dr.
KD Ja and Dr. Raul admitted that although they knew about her being a member of
Pushkarite Matth, the actions were necessary to save her.
12. Ms. Pinka Pai filed the Special Leave Petition No. 261 of 2019 on 24th July, 2019
claiming that her fundamental right to religion has been violated by the State. She
claims that prohibition of blood transfusion is an essential religious practice of
Pushkarite Matth and the government hospital by conducting the blood transfusion
violated her Right to Religion under Article 25. Pushkarite Matth also claims that by
conducting the blood transfusion the state interfered with the “Matters of religion”
provided under Article 26 of the constitution.

13. In response to the arguments by Ms. Pinka Pai and the Pushkarite Matth, the State of
Mrinalkhand argued that such prohibition cannot be an essential religious practice and
even if it is, Right to life under Article 21 would always take precedence over Freedom
of Religion enshrined in Articles 25 and 26 of the Constitution.

14. After the case of Ms. Pinka Pai came into the limelight, concerns have been raised by
some sections of the Pushkarite Matth regarding the practice of ban on blood
transfusion as against the threat to life.
15. The petitioners are His Holiness Harsh Acharya, Ms. Pinka Pai and the Pushkarite
Matth while the respondent is the State of Mrinalkhand. Both the Special Leave
Petitions have been admitted by the Court and the matter is clubbed to be listed for
hearing on 28th September, 2019. Only the following issues would be argued before the
Hon’ble Supreme Court-
 1. Whether the Mrinalkhand Freedom of Religion Act, 2018 is unconstitutional
due to violation of Article 25 and Article 26 of the Constitution?
2. Whether prohibition of blood transfusion is an essential religious practice of the
Pushkarite Matth?
3. Whether Freedom of Religion under Article 25 and Article 26 of the
Constitution can be subjected to Right to Life and Personal Liberty under Article
21 of the constitution?

The laws of the Republic of Kashistan are in pari materia to the laws of the Republic
of India as on 2nd September, 2019.

The Moot Problem has been drafted by Rashika Bajpai and Shubhangi Agarwal with the help
of Vini Srivastava and Mrinal Pandey. Any attempt to contact any of the above named shall
result in immediate disqualification.
ANNEXURE 1

The Mrinalkhand Gazette

PUBLISHED BY AUTHORITY

NO. 8] LOHIYA, FRIDAY, 6th JULY, 2018

Separate paging is given to this part in order that it may be filed as a separate compilation

The following Act of Mrinalkhand Legislature received the assent of the Governor on the 6th July,
2018, and is hereby published for general information:—

Lohiya, 6th July, 2018

THE MRINALKHAND FREEDOM OF RELIGION ACT, 2018

NO. 8 of 2018
An Act to provide for prohibition of conversion from one religion to another
by the use of force or allurement or by fraudulent means and for matters
incidental thereto.
BE it enacted by the Mrinalkhand Legislature in the Sixtieth Year of the
Republic of Kashistan as follows-
1. (1) This Act may be called the Mrinalkhand Freedom of Religion Act,
2018.
Short title and
(2) It shall extend to the whole of the State of Mrinalkhand. commencement
(3) It shall come into force at once.
2. In this Act, unless the context otherwise requires:-
a) “Conversion” means renouncing one’s indigenous religious faith
and adopting another religious faith, and “convert” shall be constructed
accordingly;
Definitions
b) “force” includes a show of force or a threat of injury of any kind
including threat of divine displeasure or social ex-communication;
c) “fraudulent means” includes misrepresentation or any other
fraudulent contrivance;
 d) “Indigenous religious faith” means such religions, beliefs and
practices including rites, rituals, festivals and observances, performances,
abstinence, customs performed by the forefathers of the person converting.
e) “inducement” shall include the offer of any gift or gratification,
either in cash or in kind and shall also include the grant of any benefit, either
pecuniary or otherwise;
f) “minor” means a person under eighteen years of age.
3. No person shall convert or attempt to convert, either directly or otherwise,
Prohibition of
any person from one religion to another by use of force or by inducement or by any
Conversion
fraudulent means, nor shall any person abet such conversion.

Consequences 4. Any person who has been converted from one religion to another, in
of Prohibited contravention of section 3, shall be deemed not to have been converted.
Conversion
5. Whoever contravenes the provision of section 3 shall, without prejudice
to any civil liability, be punished with imprisonment for a term, which may extend
Punishment for to three years and also be liable to fine, which may extend to Rupees Fifty
contravention of Thousand:
provisions of
section 3 Provided that whoever contravenes the provisions of section 3 in respect of
a minor, a woman or a person belonging to Scheduled Caste or Scheduled Tribe
shall be punished with imprisonment for a term which may extend to four years and
Offence to be also be liable to fine which may extend to Rupees One Lakh.
cognizable and
non-bailable
6. Any offence under this Act shall be cognizable and non-bailable and shall
not be investigated by an officer below the rank of Deputy Superintendent of Police.
Prosecution to be
made with the 7. No prosecution for an offence under this Act shall be instituted except by
sanction of District or with the previous sanction of the District Magistrate or such other authority not
Magistrate below the rank of a Sub-Divisional Magistrate as may be authorised by him in that
behalf.
8. (1) Whoever converts any person from one religion to another either by
performing any ceremony by himself for such conversion as a religious priest or
takes part directly or indirectly in such ceremony shall take prior permission, at
least 30 days before such proposed conversion from the District Magistrate
concerned.
(2) The person who is converted shall send an intimation to the District
Prior Permission to
Magistrate of the District concerned in which the ceremony has taken place of the
be taken from fact of such conversion 45 days prior to such conversion.
District Magistrate
with respect to (3) The District Magistrate shall put such information upon the Notice Board
conversion of its office on the day the conversion is completed.
(4) Such District Magistrate shall be approached for issuing a certificate of
conversion which can be used as evidence in Law.
(5) Whoever fails, without sufficient cause, to comply with the provisions of
sub-sections (1) and (2) shall be punished with imprisonment for a term, which may
extend to one year or with fine which may extend to rupees one thousand or with
both.
9. (1) The State Government may make rules for the purpose of carrying out
the provisions of this Act.
(2) All rules made under this Act shall be laid, as soon as may be, after they
are so made, before the House of the State Legislature, while it is in session, for a
period of not less than fourteen days which may be comprised in one session or in
two successive sessions, and if, before the expiry of the session in which they are Power to make
so laid or of the session immediately following, the House of the State rules
Legislature makes any modification in any of such rules or resolves that any such
rule should not be made, such rule shall, thereafter, have effect only in such
modified form or be of no effect, as the case may be so however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done there under.
ANNEXURE 2
 Bhangi Agarwal Religions of Kashistan 248

CHAPTER 20
ANNEXURE 2
3
The Pushkarite Matth
The followers of Pushakrism emphasise on strict adherence to the teaching of their Lord and
Saviour Lord Pushkar. These commandments were given by the Lord himself after the event
that is referred to as ‘Fall from Grace’ 1. Although there is an understanding on strict adherence
of the commandments, the interpretations of the same by different sects and denominations of
Pushkarism has not been identical with ideologies varying between tolerant to hardliners.
Nonetheless, a number of practices can still be found running as a common thread among all
the denominations as directly arising from the commandments of their lord. These include inter
alia attending and praying in the House of Worship every day, proselytizing, a ban on taking
any form of intoxicant, a ban on eating non-vegetarian products etc.
Pushkarite Matth is a religious denomination within Pushkarism that tends towards hardliner
ideology. Pushkarite Matth is known for its strict practices that they have developed over the
years. Apart from giving sermons in the House of Worship, performing charity work and
proselytizing, they are known for not socializing with people of other religion. As per the
commandment of seeking forgiveness from the lord, they have developed a practice of
voluntarily fasting to death by gradually reducing the intake of food and liquids over a period
of time. They also place special emphasis on the tenet of keeping their mind and bodies pure.
Not only taking intoxicants and non-vegetarian product is banned, Pushkarite Matth has also
banned animal based products such as milk and other dairy products, wool, leather based
products etc. Moreover, they also prohibit blood transfusion.
Transfusion of blood as a medical practice evolved in the 17th century. By the middle of 20th
century it had become a common practice. Keeping in line with the belief of purity of oneself
and the strict practices developed to protect the same, Pushkarite Matth banned transfusion of
blood in 1960. The reason provided by the leaders of the denomination was that it was the
consumption of the blood of the devil along with the meat and blood of the other living beings
that caused human to fall from grace in the first place.2 It was for the repentance of this sin that
the Lord gave the commandments for the humans to follow, especially that of ‘purity of
oneself’. And hence, transfusion of blood is banned in Pushkarite Matth. The Matth has even
banned transfusion of one’s own blood as it considers the blood once removed from the body
and stored outside as a foreign object becomes impure. This practice has been followed since
it was announced by the leaders of the Matth. There is no such practice in any other sect or
denomination of Pushkarism.

1
Pushkaraan, 26:10.
2
Nudruk, 847.