TMV, LOKMANYA TILAK LAW COLLEGE

Moot court Problem 1

BEFORE THE HON’BLE SUPREME COURT OF INDIVA

UNDER ART.32 OF THE CONSTITUTION

IN THE MATTER OF:

DRISHTI FOUNDATION …………………………..PETITIONER

versus

UNION OF
INDIA……………………………………….RESPONDENT

MEMORIAL ON BEHALF OF THE RESPONDENT

NAME : PRIYA PRAKASH NAIK

CLASS : L.L.B 3 YEAR (SEM -6 )

PRN NO: 21221000942

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SR.NOS CONTENTS PAGE NOS.

1 Title Page 1

2 Table of Contents 2

3 List of Abbreviations 3

4 Index of Authorities 4

5 Statement of Jurisdiction 5

6 Statement of facts 6

7 Issues Raised 8

8 Summary of Arguments 9

9 Arguments Advanced 10

10 Prayer 17

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 LIST OF ABBREVIATIONS

& And

AIR All India Reporter

Anr. Another

Art. Article

Constitution Constitution of India, 1949

Hon’ble Honorable

No. Number

Ors. Others

PIL Public Interest Litigation

SC Supreme Court

SCC Supreme Court Cases

Sec. Section

SCR Supreme court Reports

SCOR Supply Chain operation reference

SLP Special Leave Petition

Spl. Special

V/S or vs. Versus

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 INDEX OF AUTHORITIES
Legislation referred

1 The constitution of India, 1949

.

2 The Indian penal code,1860

.

3 Protection of women against domestic violence act, 2005…

.

4 The Maharashtra prevention and eradication human sacrifice and

. other Inhuman, Evil and Aghori Practice’s and black magic Act,
2013

5 THE PROTECTION OF CIVIL RIGHTS ACT, 1955

.

6. THE PROTECTION OF CHILDREN AGAINST SEXUAL OFFENCES ACT, 2012

7. DRUGS AND MAGIC REMEDIES ACT, 1954

Cases cited.

Name of the cases

1. A S Narayan V/s Sttae of Andhra Pradesh

2. S R Bommaia V/s Union of India
3. Sant Shri Asharam Bapu V/s State of Rajasthan
4. Sakshi V/s Union of India

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 STATEMENT OF JURISDICTION

The Appellant Submits This PIL For The Petition Filed Before The Honorable
Court. The Petition Invokes Its Jurisdiction Before The Honorable SC Of
India Under Art.32, 25 & 26 Of The Constitution Of India. It Set Froths the
Facts. Contentions, Argument and the Laws on Which the Claims Are
Based.

Art.32 : REMEDIES FOR ENFORCEMENT OF RIGHTS CONFERRED BY THIS PART

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 to its jurisdiction all or any of the power exercise by the SC
under clause(2)
d) The right guaranteed by this art shall not be suspended except otherwise
provided for by this constitution.

Art.32 of the Indian constitution gives the right to individual to move to the
SC to seek the justice when they feel that their right has been ‘unduly
deprived’. The apex court is given the authority to issue direction or orders
for the execution of any of the rights bestowed by the constitution as it
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 feeling of the people by such so called
godman Babaram (‘’defendant’’) through pil before the Hon’ble SC of India.

The case deals with challenging the activities of exploitation of being carried
out by so called babas in math’s and the ashrams and the religious
sentiments of the people. Exploits illiterate and poor women and children
and employed youths. He uses their energy by providing them training to
play with the rifles and arms for his own protection and to prevent govt.
authorities to take any action against him. He poses himself has god or

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supernatural power to attract women 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 from
sexual offences.

Article 142 (‘’Inherent Powers of SC”)

Can be defined as the SC orders and decrees being carried out in the
exercise of the jurisdiction in such way that it complete justice can be done.
The federal court had no apparatus for carrying out its decision under the
government of India act, 1935. Therefore, the petitioner states and submit
that this hon’ble apex court, has jurisdiction to deal and entertain the
present PIL.

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 STATEMENT OF FACTS

Drishti foundation ………………Appellant

Vs.
Union of India ……………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% Hindu, 25% Muslim, 15%
Christians and the remaining 20% belong to various smaller group like
Paris, Triabals and Non-Triabals 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, carriers 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 religious 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 with 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.

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 5) Dr. Virendra Panhalkar, the 70 years old social activist, who was shot dead
on 20th August, 2020 in one city of the state of shivrashtra, had wages 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
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 fraudulent and exploitative practices,
such practices have no place in enlightened society. In the entire text there
is not single word about God or Religious. 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 clearly specifies 12 such practices. These includes, 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 power,
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 superstition activities
are no rise. The people of the 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 and children and
employed youths. He uses their energy by providing them training to play
with rifles and arms for his own protection and to prevent government
authorities to take action against him. He poses him 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 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 an PIL before the supreme
court under Art. 32 of the constitution of indiva challenging the activities of
exploitation being carried out by the so called Babas in their maths an
ashrams and has prayed therein that all the maths and ashrams which are
carrying out the activities of the exploiting of the religious feeling of the
people should be closed and all these assets acquired by these Babas be
confiscated and added to the national wealth of the indiva.

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 STATEMENT OF ISSUES

I. Whether the PIL is maintainable before the Supreme Court 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 math’s /Ashrams would violate the
fundamental rights of the people to follow the religious faith of their
choice?

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 SUMMARY OF ARGUMENTS

ISSUE 1: Whether the PIL is maintainable before the supreme court of

indiva for hearing and admission?
The respondent humbly contends that this court has the jurisdiction to
entertain this PIL were group of people filed this under the Art.32, Art. 25-
28 and Art.21 of the constitution of India as grave injustice has been
experienced by the respondent. Under Article 32, the constitution has vested
special power that right to move the Supreme Court by appropriate
proceedings for the enforcement of the rights conferred by this part III of the
constitution of India.
ISSUE 2: Whether the activities exploiting the religious sentiments of
the people amount to infringement of fundamental rights of the people
of indiva?
The Constitution of India confers on all the fundamental rights to promote
and preach their own religious beliefs and follow the guidance of their
religious. Articles 25,26,27,28 under Part III of the Indian constitution
mentions the ambit of the right to freedom of religion.
ISSUE 3: Whether the alleged activities are contrary to the secular
structure of union of Indiva as enshrined in the preamble of the
constitution of Indiva?
The 42nd Constitutional (Amendment) Act of 1976 stated that ‘secular’
means a republic in which there is equal respect for all religious.
Despite the clear letters of the law, the Hon’ble Supreme Court interpreted it
on various occasions vai various judgements.
ISSUE4: Whether the ban on such Matts/ Ashrams would violate the
fundamental rights of the people to follow the religious faith of their
choice?

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Under Article 25 of the constitution guarantees freedom of religious to all
persons in India. Thus, the ban on such Maths/Ashrams does violate the
fundamental rights of the people to follow the religious faith of their choice
as these maths and Ashrams have been a place for religious and for people
to pray.

ADVANCED ARGUMENT

ISSUE 1: Whether the PIL is maintainable before the supreme court of

indiva for hearing and admission?

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