Kruti Shah - Moot Court No. 1 - Appellant

DRISHTI FOUNDATION VS.
UNION OF INDIVA
ASSIGNMENT ON MOOT COURT PROBLEM NO. 1
FOR APPELLANT
(THROUGH THE UNIVERSITY OF MUMBAI)
SUBMITTED BY
MS. KRUTI SHAH
(ROLL NO. 2223345)
SUBJECT TEACHER:
PROF. DIPAK PAWAR
THROUGH
LALA LAJPATRAI COLLEGE OF LAW
MUMBAI
SEPTEMPBER 2022
MOOT COURT CASE NO. 1 | MEMORANDUM ON BEHALF OF THE APPELLANT Page |1

BEFORE THE HON’BLE SUPREME COURT OF INDIVA
ORIGINAL JURISDICTION
C.R. No. 28/2022
IN THE MATTER OF
DRISHTI FOUNDATION……..………APPELLANT
Versus
UNION OF INDIVA..................................................DEFENDANT
UPON SUBMISSION TO THE HON’BLE CHIEF JUSTICE AND HIS COMPANION

JUSTICES OF THE SUPREME COURT OF INDIVA
UNDER PUBLIC INTEREST LITIGATION
WRITTEN SUBMISSION ON BEHALF OF THE APPELLANT

DRISHTI FOUNDATION VS. UNION OF INDIVA
TABLE OF CONTENTS
LIST OF ABBREVIATIONS........................................................................................4
INDEX OF AUTHORITIES..........................................................................................5
STATEMENT OF JURISDICTION.............................................................................7
STATEMENT OF FACTS.............................................................................................9
STATEMENTS OF ISSUES........................................................................................12
ARGUMENTS...............................................................................................................13
PRAYER FOR RELIEF...............................................................................................28

LIST OF ABBREVIATIONS
ABBREVIATION FULL FORM
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

INDEX OF AUTHORITIES
LEGISLATIONS 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
RAVISHANKAR @ BABA VISHWAKARMA VS THE STATE OF MADHYA

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

WEBSITES REFERRED
 www.indiankanoon.com
 www.legalserviceindia.com
 www.livelaw.com
 www.Blog.ipleaders.in
 www.Scconline.co.in
 www.Lexology.com
 https://www.constitutionofindia.net/constitution_of_india/fundamental_rights/articles
 www.thenewsminute.com
 www.shethepeople.tv
 www.lawfarm.in
 www.Indiacode.nic.in
BOOKS AND COMMENTARIES
 THE CONSTITUTION OF INDIA
 THE INDIAN PENAL CODE
 PROTECTION OF WOMEN AGAINST DOMESTIC VIOLENCE ACT
 HUMAN RIGHTS
 PUBLIC INTEREST LITIGATION
 FUNDAMENTAL RIGHTS AND THEIR ENFORCEMENT

STATEMENT OF JURISDICTION
THE APPELLANT SUBMITS 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, ARGUMENTS 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 CLAUSE (2).
d) THE RIGHT GUARANTEED BY THIS ART. SHALL NOT BE SUSPENDED EXCEPT AS

OTHERWISE PROVIDED FOR BY THIS CONSTITUTION.
ART. 32 OF 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 THE AUTHORITY TO ISSUE DIRECTIONS 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 EXPLOITATION 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 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 WOMAN

AND VIOLATES ART. 32, 25 AND 26 OF THE CONSTITUTION AND PROTECTION OF
CHILDREN FROM SEXUAL OFFENCES.

STATEMENT OF FACTS
DRISHTI FOUNDATION……………..APPELLANT
VS.
UNION OF INDIVA……………..DEFENDANT
1) Shivrashtra is a state in the Union of Indiva. The population of the state on the basis of religious
faith comprises of 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
predominately 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.
2) 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’s employment 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 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 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.
4) The youths of the State, who 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 20 th August, 2020 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 came in to 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 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.
8) The draft Bill 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 as witches and causing them physical harm, human
sacrifices and other Aghori practices.
9) 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 own protection and to prevent Government authorities to take any action against him. He poses
himself as god or Supernatural power to attract women and he sexually abused many women’s too.
To ban his activities the Government of Shivrashtra tried to enter in to his Ashram but could not
succeed.
MOOT COURT CASE NO. 1 | MEMORANDUM ON BEHALF OF THE APPELLANT P a g e | 10

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 Art. 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.

STATEMENT OF ISSUES
I. WHETHER THE PIL IS MAINTAINABLE BEFORE THE SC OF INDIVA FOR HEARING

AND ADMISSION?
II. WHETHER THE ACTIVITIES EXPLOITING THE RELIGIOUS SENTIMENTS OF THE

PEOPLE AMOUNT TO INFRINGEMENT OF FUNDAMENTAL RIGHTS OF THE
PEOPLE OF INDIVA?
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?
IV. WHETHER THE BAN ON SUCH MATTHS / ASHRAMS WOULD VIOLATE THE
FUNDAMENTAL RIGHTS OF THE PEOPLE TO FOLLOW THE RELIGIOUS FAITH OF
THEIR CHOICE?
V. WHETHER INSTEAD OF CLOSING DOWN SUCH MATH’S/ASHRAINS, KEEPING

THESE MATH’S/ASHRAMS UNDER THE GOVERNMENT SUPERVISION WOULD BE
A VIABLE ALTERNATIVE?
VI. WHETHER AMENDMENT IN THE PRESENT LAWS IS NECESSARY TO DEAL

STERNLY WITH SUCH BABA’S?

ARGUMENTS
ISSUE I
WHETHER THE PIL IS MAINTAINABLE BEFORE THE SC 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 nd 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 application of
fundamental rights. Then 43rd amendment of the Indian Constitution was passed which repealed
Article 32A immediately after the emergency was revoked. Following the amendment, the SC
again gained the power to quash the state laws. Also, the High 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.
4. PIL also refered to litigation undertaken to secure public interest and demonstrates the
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

defendant. It heard and decided cases only under its original and appellate 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 for the PIL.
5. In 1981 Justice P. N. Bhagwati in .S. P. Gupta v. Union of India, articulated 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 S.C 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.
7. It respectably and humbly contends that this Baba’s are guilty for committing the offence of
insulting religious belief under Section 295A of the Indian Penal Code.
8. However, the Art. 21 and Art. 25-28 are majorly affected by this baba’s where 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. Further this baba’s
create fear in the mind of their followers by way of fundamentalist practices and attitudes, which
affects the traditional religious activities which was followed by state in old customs and culture.
9. According to Article 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.
The fundamental right provided by Art. 21 is one of the most important rights that the
Constitution guarantees. The SC of India has described this right as the ‘heart of fundamental
rights.
The right specifically mentions that no person shall be deprived of life and liberty except as per
the procedure established by law. This implies that this right has been provided against the State
only. State here includes not just the government, but also, government departments, local
bodies, the Legislatures, etc.
10. In another case of State of West Bengal v. Kali Singh and others, three women were murdered on
the belief that they were Witches. The case was that around 50 men came to the home of the
victims and demanded 60,000 rupees as fine for carrying out witchcraft activities. On non-
payment, the three women were dragged to the river, killed and buried. In the case, one Hon'ble
Judge held that the commutation of the punishment from death sentence to life imprisonment is
apt relying on the mitigating factor that the accused were blinded by superstitious belief and they
were of scheduled tribe community. Where the Fundamental Right to life is affected.
11. Article 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 to the other provisions of
this part, are equally entitled to freedom of conscience and have the right to freely profess,
practice and propagate religion. It further provides that this article shall not affect the operation
of any existing law and shall not prevent the state from making any law relating to the regulation
or restriction of any economic, financial, political, or any secular activity associated with
religious practice. 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. Article 26 (subject to public order, morality, and health) confers a right on every religious
denomination or any section of the such religious denomination of establishing and maintaining
institutions for religious and charitable purposes, managing its affair with regard to religion,
owing and acquiring property (movable and immovable), administering the property in

accordance with the law.
13. Article 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. Article 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 recognized or
state-funded educational institution is not required to take part in religious instruction or attend
any workshop conducted in such an institution or premises of such educational institution.
15. Ashram and Maths have also violated the religious feelings and beliefs of people which is a
punishable offence under Section 295A of the Indian Penal Code. Section 295A of the Indian
Penal Code 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. Section 295A
is a cognizable, non-bailable, and non-compoundable offence.
Therefore, the petitioners 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
THE PEOPLE OF INDIVA?
Yes, the Activities exploiting the religious sentiments of the people does amount to infringement of
fundamental rights of the people as per Art. 25 to 28 of the Constitution of India.
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.
 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.

In Hasan Ali v. Mansoor Ali the Bombay High Court held that Art. 25 and 26 not only prevents
doctrines or beliefs of religion but also the acts done in pursuance of religion. It thus guarantees
ceremonies, modes of worship, rituals, observances, etc. which are an integral part of religion. What is
the essential or integral part of a 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”.
Milton Yinger, American sociologist defines religion as “a system of beliefs and practices by means of
which a group of people struggles with the ultimate problems of human life”.
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 (subject to public order, morality, and health) confers a right on every religious denomination or
any section of such religious denomination of:
 Establishing and maintaining institutions for religious and charitable purposes;

 Managing its affair with regard to religion;
 Owing and acquiring property (movable and 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 recognized or state-funded educational institution is not required to

take part in religious instruction or attend any workshop conducted in such an institution or
premises of such educational institution.
Education for value development based on all religions: Aruna Roy v. Union of India, (2002) 7
SCC 368.
In this case, a 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 and Training is violative of the provisions of the
constitution. It was also contended that 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.
Article 21 in the Indian Constitution forbids anyone from depriving a person of his/her life and
personal liberty. But in this case, religious freedom through the years have laid seeds of religious
violence dividing the nation into different parts. Religious violence not only claims the lives of
people but also takes a toll on public health and is a huge menace in those terms. Health is an
essential part of the right to life but when fundamental rights are provided subject to public order,
health and morality then how can religious freedom oppose public health. Mass demonstrations and
violence kill masses of people then how can this part of the freedom of religion go against the
reasonable restrictions set by the Constitution. Maintenance of public health requires the intervention
of the State many times.
Thus, it is prima facie established that the right to profess and promote religion is a Fundamental
right, however no right is absolute, and therefore the fundamental right is limited to the condition set
out in Art. 25 to 28. Any exercise of these rights that go against the State, public order, safety, and
nation’s integrity, then it no more falls within the ambit of fundamental rights. In the present case,
this has curtailed and violated the Fundamental rights of the citizens of Indiva which affected rights
of the poor woman and children and went against the safety of the people and therefore has violated
provisions of the Art. 25 of the Constitution of India.

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. Later, in 1976 the Indira Gandhi government enacted the 42 nd
Amendment Act and the word ‘Secular’ was added to the Preamble. The 42nd Amendment Act
also known as the ‘Mini Constitution’, is the most comprehensive amendment to the Constitution.
3. In the much-disputed Ayodhya case, it was held by the apex court that the constitution postulates
equality of all faiths. Through Tolerance and mutual co-existence, the secular commitment of our
country and its people can be nourished.
4. Secularism as contemplated by the Constitution of India has the 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
follow, 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 form 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, and protect the right
to manifest religious 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.
Taking over management of secular activities of the temple: 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 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 universial 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 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 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 IV
WHETHER THE BAN ON SUCH MATHS/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.
 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 only exploited the
religious sentiments of the people but also caused domestic violence on the woman.

ISSUE V
WHETHER INSTEAD OF CLOSING DOWN SUCH MATH’S/ASHRAINS, KEEPING THESE

MATH’S/ASHROMS UNDER THE GOVERNMENT SUPERVISION WOULD BE A VIABLE
ALTERNATIVE?
Art. 26 (subject to public order, morality, and health) confers a right on every religious denomination or
any section of such religious denomination of:
 Establishing and maintaining institutions for religious and charitable purposes;

 Managing its affair with regard to religion;
 Owing and acquiring property (movable and immovable);
 Administering the property in accordance with the law.
The word ‘religious denomination’ is not defined in the constitution. The word ‘denomination’ came to
be considered by the SC in the case of Commissioner, Hindu Religious endowment Madras v. Shri
Laxmindra Thirtha Swamiar of Shri Shirur Mutt. In this case, the meaning of ‘Denomination’ was culled
out from the Oxford dictionary, “A collection of individuals classed together under the same name, a
religious sect or body having a common faith and organization designated by a distinctive name”.
Art. 26 does not deal with the right of an individual but is confined to a religious denomination. The Art.
refers to a denomination of any religion, whether it is a majority or a minority religion, just as Art. 25
refers to all persons, whether they belong to the majority or a minority religion.
Art. 26 (d) says that a religious denomination has the right to administer its own property but it should
be in accordance with Law. In Durgah Committee Ajmer v. Syed Hussain Ali the Supreme Court
observed that if the religious denomination never had the right to administer property or if it has lost its
right then such right cannot be created under Art. 26 and therefore cannot be invoked.
The SC in the case of State of Rajasthan v. Sajjanlal Panjawat observed that even though the state has

the power to administer or regulate the properties of a trust, but it cannot by law take away the right to
administer such property and vest it in such other authority that does not even comprise the
denomination. This would certainly amount to a violation of Art. 26(d) of the Constitution.
The government may exercise his power to administer the temple or audit its assets but what it cannot do
is to exercise a right to sell or give a lease to others, and cannot use temple assets for the welfare of
people of others faiths. Art. 26 of the constitution gave the right to denominations of religion to manage
matters of religion and Art. 25 allowed State to make any law to regulate.
Keeping such Maths and Ashram under Government’s supervision would be a better alternative instead
of closing them down so that the people are protected from the exploitation of their religious sentiments
and the Baba’s who are making a great amount of money will go into the government’s trust which will
help in the betterment of the Union of India.
As both Houses of the State Legislature are not in session and the Governor of Maharashtra is satisfied
that, circumstances exist which render it necessary for him to make a special and stringent law, for the
purposes aforesaid, this Ordinance is promulgated.
In Sri Jagannath Temple, Puri Management Committee v. Chinatmani Khuntia it was held that the
management of a temple or maintenance of discipline and order inside the temple can be controlled by
the State. Taking over the management of a temple by a law does not infringe Art. 25 and 26, as it is a
secular act.
Fundamental rights are there for the protection of one’s right to practice religion but no right can exist in
absolute independence without any condition. Same way Art. 25 of the constitution which calls for one’s
rights to freedom of religion but it is subject to public order.
While deciding what public order is, if the court has been given two situations to prioritize from, it will
choose the situation which is for the greater good of the public. So given the fact that the presence of any
shrine is detrimental to the expansion of a runway for an international airport the court can order for
removal of such worship places. Hence even if the right to practice any religion is a right protected
under the constitution, it’s still not absolute and is subject to various conditions.


ISSUE VI
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
mention of faith or blind faith in this Act. 12 items listed in the appendix are to be considered as
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. 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.

CONCLUSION
India is the most diverse country with respect to religion. Being a secular country it does not have its
own religion and every citizen has the right to choose, practice, propagate and even change his or her
religion. However, these rights are not absolute but subject to certain restrictions provided by the
constitution. No person in the name of religion can do any act that is opposed to the public policy or
creating any kind of disturbances or intolerance among the people of India.
If we look at it closely, there is no logic as such behind the beliefs in superstitions. However, they have
grown age-old and despite all the scientific advancement, they are not going anywhere soon. However, it
is better to subject ourselves less to them otherwise each moment of our life will be on the edge.
Domestic Violence is one of the most appalling kind of harassment endured by the women in our
surrounding today and we are not raising our voice against this violence seriously. All the laws are left
in the papers only and reality is apart from this. If the problem of Domestic Violence is not dealt with
adequately, this kind of abuse will keep on existing in all classes of society without an end. So, as a
citizen and young generation of India, we have to stand together and make strict laws to protect the
victims of Domestic Violence.

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 APPELLANT)

Kruti Shah - Moot Court No. 1 - Appellant

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DRISHTI FOUNDATION VS.

ASSIGNMENT ON MOOT COURT PROBLEM NO. 1

(THROUGH THE UNIVERSITY OF MUMBAI)

MS. KRUTI SHAH

(ROLL NO. 2223345)

PROF. DIPAK PAWAR

LALA LAJPATRAI COLLEGE OF LAW

MOOT COURT CASE NO. 1 | MEMORANDUM ON BEHALF OF THE APPELLANT Page |1

C.R. No. 28/2022

UPON SUBMISSION TO THE HON’BLE CHIEF JUSTICE AND HIS COMPANION

UNDER PUBLIC INTEREST LITIGATION

WRITTEN SUBMISSION ON BEHALF OF THE APPELLANT

MOOT COURT CASE NO. 1 | MEMORANDUM ON BEHALF OF THE APPELLANT Page |2

PRAYER FOR RELIEF...............................................................................................28

MOOT COURT CASE NO. 1 | MEMORANDUM ON BEHALF OF THE APPELLANT Page |3

ABBREVIATION FULL FORM

AIR All India Reporter

SCC Supreme Court Cases

SCR Supreme Court Reporter

MOOT COURT CASE NO. 1 | MEMORANDUM ON BEHALF OF THE APPELLANT Page |4

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

Sr. No. NAME OF THE CASE

RAVISHANKAR @ BABA VISHWAKARMA VS THE STATE OF MADHYA

9 S. R. BOMMAI V. UNION OF INDIA

MOOT COURT CASE NO. 1 | MEMORANDUM ON BEHALF OF THE APPELLANT Page |5

BOOKS AND COMMENTARIES

 THE CONSTITUTION OF INDIA

 THE INDIAN PENAL CODE

 PROTECTION OF WOMEN AGAINST DOMESTIC VIOLENCE ACT

 PUBLIC INTEREST LITIGATION

 FUNDAMENTAL RIGHTS AND THEIR ENFORCEMENT

MOOT COURT CASE NO. 1 | MEMORANDUM ON BEHALF OF THE APPELLANT Page |6

a) THE RIGHT TO MOVE THE SC BY APPROPRIATE PROCEEDINGS FOR THE

b) THE SC SHALL HAVE POWER TO ISSUE DIRECTIONS OR ORDERS OR WRITS,

c) WITHOUT PREJUDICE TO THE POWERS CONFERRED ON THE SC BY CLAUSES (1)

d) THE RIGHT GUARANTEED BY THIS ART. SHALL NOT BE SUSPENDED EXCEPT AS

ART. 32 OF THE INDIAN CONSTITUTION GIVES THE RIGHT TO INDIVIDUALS TO MOVE TO

MOOT COURT CASE NO. 1 | MEMORANDUM ON BEHALF OF THE APPELLANT Page |7

DEPRIVED’. THE APEX COURT IS GIVEN THE AUTHORITY TO ISSUE DIRECTIONS OR

THE CASE DEALS WITH CHALLENGING THE ACTIVITIES OF EXPLOITATION BEING

THE EXCLUSIONARY PRACTICE IS BASED ON DOMESTIC VIOLENCE AGAINST WOMAN

MOOT COURT CASE NO. 1 | MEMORANDUM ON BEHALF OF THE APPELLANT Page |8

MOOT COURT CASE NO. 1 | MEMORANDUM ON BEHALF OF THE APPELLANT Page |9

MOOT COURT CASE NO. 1 | MEMORANDUM ON BEHALF OF THE APPELLANT P a g e | 10

MOOT COURT CASE NO. 1 | MEMORANDUM ON BEHALF OF THE APPELLANT P a g e | 11

I. WHETHER THE PIL IS MAINTAINABLE BEFORE THE SC OF INDIVA FOR HEARING

II. WHETHER THE ACTIVITIES EXPLOITING THE RELIGIOUS SENTIMENTS OF THE

III. WHETHER THE ALLEGED ACTIVITIES ARE CONTRARY TO THE SECULAR

V. WHETHER INSTEAD OF CLOSING DOWN SUCH MATH’S/ASHRAINS, KEEPING

VI. WHETHER AMENDMENT IN THE PRESENT LAWS IS NECESSARY TO DEAL

MOOT COURT CASE NO. 1 | MEMORANDUM ON BEHALF OF THE APPELLANT P a g e | 12

WHETHER THE PIL IS MAINTAINABLE BEFORE THE SC OF INDIVA FOR

2. ‘Anti-freedom’ clauses were included in Art. 32 by the 42 nd Amendment. Such an amendment

MOOT COURT CASE NO. 1 | MEMORANDUM ON BEHALF OF THE APPELLANT P a g e | 13

MOOT COURT CASE NO. 1 | MEMORANDUM ON BEHALF OF THE APPELLANT P a g e | 14

MOOT COURT CASE NO. 1 | MEMORANDUM ON BEHALF OF THE APPELLANT P a g e | 15

accordance with the law.

MOOT COURT CASE NO. 1 | MEMORANDUM ON BEHALF OF THE APPELLANT P a g e | 16