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Exploitation of Religious Sentiments in Brihanrashtra, Cheat Sheet of Civil Law

The issue of exploitation of religious sentiments by self-styled 'godmen' in the indian state of brihanrashtra. It highlights the prevalence of superstitious practices, religious rituals, and the influence of these 'godmen' over the people, which has led to social divisions and hindered the state's development. The bmcc foundation, an ngo, has filed a public interest litigation before the supreme court of india, challenging the exploitation activities carried out by these 'godmen' in their matths and ashrams. The supreme court has identified key issues to be addressed, including the maintainability of the pil, the violation of fundamental rights, the secular structure of india, the impact on religious freedoms, and the need for legal reforms to deal with such cases effectively. Insights into the complex interplay between religion, social dynamics, and the role of the judiciary in addressing these challenges.

Typology: Cheat Sheet

2022/2023

Uploaded on 02/15/2023

harsh-dutt
harsh-dutt 🇮🇳

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BMCC Foundation Versus Union of India & Anr.
Union of Bharat is a country situated in an Asiana Country which is sovereign, socialist,
secular, democratic republic. The Union of Bharat has a Constitution which is the longest
written constitution of any sovereign country in the world and is the supreme law in Bharat.
Justice, Liberty, Equality and Fraternity form the basic structure of the Constitution of
Bharat.
As such Liberty of thought, expression, belief, faith and worship is a key principle of social
harmony endorsed by the Constitution of Bharat. Bharat is a Union of States with a
government at the Centre and various state governments.
Now, Brihanrashtra is a state in the Union of Bharat. It is culturally a very rich state and has
huge contribution towards the agricultural and industrial arena in the country. The state, as
per the last Census held in 2012 has a population of about 12 crore. Geographically it is the
third largest state in the country and is loaded with natural marvels of western ghats, holy
rivers, plateau, and even beaches. As per the last census conducted, Hinduism was the
principal religion in the state at 79.8 per cent of the total population. Muslims constituted
11.5 per cent of the total population. Brihanrashtra has highest number of followers of
Buddhism who account for 5.8 per cent of its total population. Sikhs, Christians, and Jains
constituted 0.2 per cent, 1.0 per cent, 1.2 per cent of the population respectively.
Agriculture being the predominant occupation of a large population in the state, the literacy
rate is on the lower side. As such religious practices, even superstitions and rituals, are
predominantly and rampantly practiced amongst large number of population in the state.
This, to some extent has also been targeted as hindrance to the states development and
upliftment as per the think-tanks and policy intellectuals.
Religion and holy practices being deeply ingrained in the people of the state from
generations, festival celebrations, mass prayers, yagnas and penance, etc. are a normal and
rampant practice in the State. The state's religious institutions are well-known on a global
scale. The state's many religious institutions primarily provide religious instruction while
neglecting secular education, which has significantly lowered the number of employment
opportunities for the populace. Due to the state's status as a major pilgrimage destination,
the Gurus, Prophets, and other religious figures there are competing for the large sums of
money that the pilgrims have donated.
By employing fundamentalist methods and attitudes, the so-called God men have instilled a
sense of fear in the minds of their followers, causing additional splits in society and
frequently even within families.
When they saw the economic development of other states, the state's youth, who were
boiling with rage and frustration, frequently rose against the repressive and oppressive
religious rituals that were practised there. On various days and in various locations around
the State, a large number of protests were organised by a large number of groups led by
moderates, intellectuals, and atheists.
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BMCC Foundation Versus Union of India & Anr. Union of Bharat is a country situated in an Asiana Country which is sovereign, socialist, secular, democratic republic. The Union of Bharat has a Constitution which is the longest written constitution of any sovereign country in the world and is the supreme law in Bharat. Justice, Liberty, Equality and Fraternity form the basic structure of the Constitution of Bharat. As such Liberty of thought, expression, belief, faith and worship is a key principle of social harmony endorsed by the Constitution of Bharat. Bharat is a Union of States with a government at the Centre and various state governments. Now, Brihanrashtra is a state in the Union of Bharat. It is culturally a very rich state and has huge contribution towards the agricultural and industrial arena in the country. The state, as per the last Census held in 2012 has a population of about 12 crore. Geographically it is the third largest state in the country and is loaded with natural marvels of western ghats, holy rivers, plateau, and even beaches. As per the last census conducted, Hinduism was the principal religion in the state at 79.8 per cent of the total population. Muslims constituted 11.5 per cent of the total population. Brihanrashtra has highest number of followers of Buddhism who account for 5.8 per cent of its total population. Sikhs, Christians, and Jains constituted 0.2 per cent, 1.0 per cent, 1.2 per cent of the population respectively. Agriculture being the predominant occupation of a large population in the state, the literacy rate is on the lower side. As such religious practices, even superstitions and rituals, are predominantly and rampantly practiced amongst large number of population in the state. This, to some extent has also been targeted as hindrance to the state’s development and upliftment as per the think-tanks and policy intellectuals. Religion and holy practices being deeply ingrained in the people of the state from generations, festival celebrations, mass prayers, yagnas and penance, etc. are a normal and rampant practice in the State. The state's religious institutions are well-known on a global scale. The state's many religious institutions primarily provide religious instruction while neglecting secular education, which has significantly lowered the number of employment opportunities for the populace. Due to the state's status as a major pilgrimage destination, the Gurus, Prophets, and other religious figures there are competing for the large sums of money that the pilgrims have donated. By employing fundamentalist methods and attitudes, the so-called God men have instilled a sense of fear in the minds of their followers, causing additional splits in society and frequently even within families. When they saw the economic development of other states, the state's youth, who were boiling with rage and frustration, frequently rose against the repressive and oppressive religious rituals that were practised there. On various days and in various locations around the State, a large number of protests were organised by a large number of groups led by moderates, intellectuals, and atheists.

A long and lonesome campaign for an Anti-Superstition Law was fought by Dr. Surendra Brihankar, a 70-year-old social crusader who was fatally shot on August 20, 2020, at a city in the State of Brihanrashtra. The Brihanrashtra Governor signed the "Black Magic Prohibition" Ordinance a week after the brutal assassination of Dr. Brihankar. From August 26, 2020, it became operative in the State. The purpose of the ordinance is to outlaw superstitious customs, inhumane rites, and black magic that have been used to oppress and abuse people in the name of religion. This legislation prohibits deceptive and exploitative behaviour because such behaviour has no place in a civilised society. The word "God" or "religion" does not appear once in the entire ordinance. In order to safeguard the common people in society from evil and malicious activities that thrive on ignorance, this law's primary goal is to bring about social awakening and consciousness in the community and to build a safe and healthy social environment. Twelve such practices are expressly listed in the proposed Bill.These include claiming to be able to perform surgery using just your fingers or to change the sex of the foetus in the womb, engaging in sexual exploitation while making supernatural power claims, labelling women as witches and inflicting bodily harm on them, offering human sacrifices, and other Aghori customs. Despite the aforementioned legislation going into effect, superstitious behaviour is increasing. The people of the State of Brihanrashtra are being taken advantage of by a self- styled Godmen like Sasaram Bapuji, who has accumulated enormous wealth by taking undue advantage of the people's religious beliefs. He began to employ adolescents and abuse illiterate, underprivileged women and children under the guise of religious rites. In order to defend himself and stop the government from taking any action against him, he uses their energy by instructing kids to play with guns and rifles. He uses his supernatural or godlike abilities to seduce women while also abusing many of them sexually. The Brihanrashtra government attempted to infiltrate his Ashram to stop his operations, but was unsuccessful on multiple occasions. In light of the aforementioned facts and conditions, the BMCC Foundation, an NGO that works to prevent so-called Godman Sasaram Bapuji from taking advantage of people's religious sentiments, has filed a Public Interest Litigation before the Supreme Court under Article 32 of the Constitution of Bharat, contesting the exploitation activities being carried out by the so-called Baba's in their matths and ashrams. The Petition is now posted for Final Arguments before the Hon’ble Supreme Court of Bharat on the following issues carved out by the Supreme Court;

  1. Whether or not the Public Interest Litigation filed by the BMCC Foundation maintainable Under Article 32 for hearing and admission?
  2. Whether the activities involving exploitation of religious sentiments of the general public amount to violation of the Fundamental Rights of the people of Brihanrashtra and Bharat?