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Archive for the ‘Hindu Eye Opening Campaigns’ Category

Shocking photos of Idol desecration in Goa


Formation of AGMSS (Akhil Goa Mandir Suraksha Samiti)

During the era of Portuguese invasion in Goa, the Portuguese compelled the Hindus to convert to Christianity. They committed horrible atrocities on the Hindus, attacked their temples and desecrated the temple idols to create terror in their minds. Goa has a black history of the infamous inquisition. After a couple of years, Goa will celebrate the golden jubilee of its independence. However, it is sad to note that desecration of idols of Hindu Deities and Saints continue to occur. Till date, 15 such desecration incidents have occurred in Goa during the period from August 2004 to September 2008 at places viz. Sanguem, Curchorem, Bambolim, Ponda, Chodan, Quepem, Panaji, etc., but not even a single culprit has been booked in all the above cases. By destroying the idols, these heretics are trying to ruin the faith of Hindus in their Deities, Saints and Dharma. The Congress Govt. in Goa is also neglecting such serious incidents!

In view of the increasing incidences of idol desecration in Goa, several Hindu organisations, temple trustees and devotees came together to form the Akhil Goa Mandir Suraksha Samiti (AGMSS).The AGMSS, a state-level organisation, is backed by around 700 representatives of 400 temples of Goa. The overwhelming response received by the AGMSS’ activities itself is evident of its noble intent. The repercussion of AGMSS’ awareness programs is that any incident of idol desecration occurring now is promptly and strongly protested by devotees.

Latest News of Idol Desecration in Goa

Goa: Inquiry in only 9 out of 47 cases completed, lodged for damaged religious places

Panaji (Goa): There have been 47 complaints registered with the police reporting damage caused to religious place during the period 2007 to June 2010 in the State of Goa.

30th Incident of Idol damaging happens in Goa


Mapusa (Goa): A series of despicable incidents of damaging of objects worshipped by Hindus has been going on in Goa.  Yesterday, a similar incident took place at Dashashira where Rakhandev Rashtroli Barasakhaleshwar Devashthan’s dome was damaged.

Incidents of desecration of idols of deities in the recent past in Goa

  1. 28th August 2004 – Desecration of the idol of Sree Paaik at Valse, Bhati, Sanguem.
  2. 29th August 2004 – Desecration of idol of Sree Kanerisiddha at Valkini, Bhati, Sanguem.
  3. 10th December 2005 – Desecration of Sree Ganesh’s idol at Sree Kalnath Temple at Ugem, Sanguem.
  4. In the year 2005, desecration of an idol at Dharge, Tambdi Surla.
  5. 3rd April 2007 – Desecration of a Shiva-linga of Sree Siddhadev Temple and Sree Krishna’s idol of Sree Rakhandev Temple.
  6. 15th September 2007 – Desecration of Sree Ganesh’s idol, Shiva-linga and the Nandi of Sree ShivaKrishna temple at Bambolim.
  7. 19th December 2007 – Desecration of Sree Satidevi’s idol at Kakoda.
  8. 22nd December 2007 – Desecration of the Naagdevta situated in the campus of Sree Shantadurga Temple at Shelde.
  9. 22nd January 2008 – Desecration of the temple dome of Sree Sakhleshwar Devasthan on Patto Bridge, Panaji.
  10. 24th January 2008 – Desecration of the idols of Sree Vetal, Sree Betal and Sree Gajantalakshmi at the Bondla Sanctuary.
  11. 27th March 2008 – Desecration of an idol of Lord Mahavir at Molem
  12. 19th April 2008 – Desecration of the huge idol of Sree Ganapati at the entrance of the Shankar-Parvati-Ganapati temple situated on the hill at Khadpabandh, Ponda. Also, the mouse in front of the idol, the Sthandevta, the idols of Sree Vishnu and Sree Ganapati on the Tulsi Vrindavan in front of the temple and the Nandi in front of the Lord were desecrated.
  13. 23rd June 2008 – Desecration of the Nandi, Navgraha idols and the Tulsi Vrundavan of the Sree Someshwar temple at Shirvai, Quepem.
  14. 25th July 2008 – Desecration of the Sree Saibaba idol at Pomburfa, Chodan.
  15. 6th September 2008 – Desecration of the Sree Saibaba idol again at Pomburfa, Chodan.
  16. 16th September 2008 – Desecration of Goddess Saraswati’s idol situated in the P.E.S.’ Shri. Ravi Sitaram Naik College of Arts and Science, Farmagudi campus.
  17. 9th October 2008 – Desecration of the dome of a small temple of Sree Rakhandev Aajoba at Cuncolim
  18. 18th October 2008 – Desecration of idols of Sree Mahadev and Sree Sateri temple at GudiParoda.
  19. 19th October 2008 – Desecration of Sree Ulgamma Devi’s idol situated at Collem railway yard.
  20. 7th November 2008 – Desecration of the idols situated in Sree Sateri Temple at Kalsai, Dabhal.
  21. 17th November 2008 – Desecration of an ancient Shivaling situated behind Sreekshetra Pimpaleshwar Datta Sansthan at Panaji.
  22. 24th November 2008 – Desecration of an idol of Sree Sandeli Baba, a Shivaling and a trishul near the railway bride at Curchorem.
  23. 10th March 2009 – Idol situated at the Sree Krushna Vadeshwar Temple at Porvorim, Goa was desecrated.
  24. 15th March 2009 – The Taleshwar dome situated at Mayem, Goa was desecrated.
  25. 21st March 2009 – 8 idols of deities of Maringan Panchayatan Temple situated at Chandel, Pedne were uprooted.
  26. 8th May 2009 – Idols of deities of ‘Saat Devasthan’ at Talwada in Cuncoleim were desecrated.
  27. 8th July 2009 – Idol of deity in the Sree Mahalaxmi Temple of Girdoli, Chandor desecrated.
  28. 23rd July 2009 – Three Idols of deities damaged in Kudchade, Goa
  29. 14th August 2009 – Dome near Apekar temple at Shiroda, Goa and Sree Datta idol, its Padukas, Tulsi Vrindavan and three domes at the entrance gate of the Sree Datta temple belonging to Shri. Narayan Kamat family of Vizar, Panchawadi were desecrated.

Attack on Hindu Temples

  1. Theft at Sateri temple at Curchorem on 24th September 2008
  2. Theft at Krishna temple at Cuncolim on 9th October 2008
  3. Threat to blow up Sree Maruti temple and Sree Shankar temple at Zuarinagar, Vasco on 31st October 2008
  4. Theft of Sree Gomateshwar deity’s silver face-mask situated on the Shiv-linga at Sree Gomateshwar temple at Bramhakarmali, Old Goa on 1st November 2008

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1) Rawalpindi: Demolition of part of Hindu temple triggers protests

The demolition of part of an 87-year-old temple triggered protests by the minority Hindu community in the Pakistani garrison city of Rawalpindi before authorities said they would prevent the rest of the shrine from being pulled down.

Reference: www.rediff.com

2) Lord Ram temple demolished in Pakistan

Lahore (Pakistan): In violation of its own scheme for management and disposal of urban evacuee properties, the Evacuee Trust Property Board (EPTB) has allowed a jeweller to demolish a Hindu temple and construct a commercial building in its place at Wachhowali in Rang Mahal.

Reference: www.dawn.com

3) Hindu and Sikh Temples Targeted in Pakistan

Lahore(Pakistan): After numerous reports of Gurdwara land being snatched and sold by radical groups in Pakistan, a piece of land owned by a temple is now being seized unfairly by a fundamental organization—Jeay Sindh.

Reference: www.chakranews.com

4) Terrorists Attack ISKCON Temple in Chittagong, Bangladesh

Chittagong (Bangladesh): On May 18, ISKCON News Weekly received a distraught message from an obviously emotional monk at ISKCON’s Nandankanan Sri Sri Gour Nitai Ashram in Chittagong, the main seaport of Bangladesh.

On May 14 at 3pm, the devotee said, he and his peers were busy preparing for a weekend festival when fifty to sixty terrorists burst into the temple, brandishing knives and iron bars. They first destroyed the kitchens, devotee accommodation, and Gaura Nitai deities. Then, as the devotees ran into the temple courtyard in a panic, the attackers poured boiling water on them from the balcony, badly burning many.

Reference: www.harekrsna.com

5) Land Mafia targeting Hindu Temple Properties in Pakistan

Karachi (Pakistan): After reports on gurdwara land being sold off to the army at throwaway prices, land grabbers in Pakistan are targeting Hindu temple properties.

Reference: Pakistan Christian Post

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In Jan 2007 the Communist Government of Kerala announced an ordinance with 33 suggested amendments to amend the Travancore – Cochin Hindu Religious Institutions Act 1950. On Feb 4th 2007 the Governor R.L.Bhatia signed the Ordinance and in a stroke made the Devaswom boards a cashbox for the bankrupt Communist government to loot at will. The Ordinance No 5 of 2007 named The Travancore-Cochin Hindu Religious Institutions (Amendment) Ordinance 2007 was signed by the Governor signed the bill despite more than 70 Hindu organisations urging him not to do so. All these organisations had asked the government to consult the Hindus before making these amendments but this was totally ignored. One of the reasons for this was ‘there are allegations of corruption.’

The Constitution of the Board was based on the Covenant entered in to by the Maharaja of Travancore in May 1949 and concurred and guaranteed by the Government of India. The Board comprises of President and two Members, the President and one Member is nominated by the Hindu members of the Council of Ministers and the other Member from the Hindu Members of State legislature. The term of the President and Members is for a period of four years.

Some of the destructive amendments which enable the government to transform the board into a Government department are as follows :

1. The original period of tenure of the board was four years and this was guaranteed by the Government of India in May 1949 ; this tenure is reduced to two years and as the two years have lapsed the present board is dissoved.

2. The criteria of the Board members has been changed to ‘three Hindus, out of which one will be a woman member and one member from Scheduled Caste or Scheduled Tribe’. The current candidate for the post of Devaswom boardpresident is Shri Kalanjoor Madhu, a person close to the CM Shri Achudanandan. A Janata Dal candidate Shri Veerendrakumar of Janata Dal (a Hindu hater) has also staked claim to the post of Member of the Board. The third post is likely to go to a CPI candidate.

3. The Devaswom commisioner shall submit report to the government once in three months; if the government finds that the actions by the board is not in accordance with it’s rules it will direct the board to comply with the Governments’ directions. (The Government can alter or stop any ritual of the temple or make any changes under this amendment.)

4. The board may constitute a Temple Advisory Committee for a particular temple to ensure participation of devotees and local people. (‘Here ‘local people’ will mean the Communist party cadre, many of who are already in many local temple commitees. In one of the temple utsavs managed by Communists a procession was taken in which the deity’s photo was on one side and a photo of Sania Mirza in a short dress was on the other side. Protests by devotees evoked threats from these Communists !)

5. Jobs in the Board to be via recruitment under Kerala Public Servive Commision . (As KPSA does not have a rule which says that only Hindus are to be recruited, under this rule a large number of non Hindus will get employment in Devaswom board, whose rules say that only Hindus are to be employed. Yet another backdoor entry for anti- Hindus!)

6. Male members of the board to be above 50 and female member to be above 60. (The earlier stipulation was 35 years. The government ‘s plan to enrol members who are beyond their peak and who will be puppets in their hands!)

The treacherous Communists had never mentioned anything about these changes in their election manifesto while campaigning; it was their secret agenda to do so after coming to power. For Hindus the only option left is a dharmic revolution!

One recently posted Article on Devaswom Boards Scam

Dismantle Devaswom Boards : State has no right to loot temple funds

By Ravi Varma

It is in the same context of anti-Hindus secular policies of the secular government of Kerala, either led by the secular congress party or communist parties, the elected “Secular” Government of Kerala has passed a legislative Bill and has taken over only Hindu temples, trusts, their asserts and related affairs including the revenue from Hindu devotees, their donations and endovements, and entrusted their ownership, management and control to specially constituted statutory bodies like Travancore Devaswom Board, Cochin Devaswom Board and Guruvayoor Temple Committee.

The state’s majority Hindu community had raised objection only to the transfer of authority of Hindu temple and related religious affairs from traditional Hindu authorities to the new secular authority.

The newly created statutory bodies-Travancore Devaswom Board, Cochin Devaswom Board, Religious endowment Board and Guruvayoor Temple Committee-mainly and only consist of those nominated by the elected legislators and ministers having only Hindu names. But being the nominees of so-called secular political parties, most of them are either atheists or sown non-believes in Hindu temple culture, tradition and rituals.

Reference: The Organiser

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The Fact Finding Committee Report

During the month of April, 2006, it was reported in the press and electronic media that certain activists of Christian community have been carrying out undesirable activities at the holy places of Tirumala Hills and Tirupathi and these acts have been severely hurting and agitating the religious feelings of the multitude of devout Hindus. Therefore, taking into consideration the seriousness of the situation, His Holiness Sri Sri Sri Visweswara Theertha of Pejavar Mutt, Udipi, requested us viz., Sri Justice G. Bikshapathy, Sri Justice K.B. Siddappa, former Judges of Andhra Pradesh High Court, Sri T.S. Rao, former Director General of Police, Andhra Pradesh, Smt. Dr. P. Geervani, former Vice-Chancellor of Sri Padmavathi Mahila Viswa Vidyala and Sri Dr. R. Shrihari, Former Vice-Chancellor of Dravidian University, Kuppam, to function as a Fact Finding Committee under the Chairmanship of Sri Justice G.

Bikshapathy to ascertain the factual position as regards the activities of Non-Hindu religious communities in Tirumala and Tirupathi and to furnish a report to His Holiness for considering the steps to be taken to prevent undesirable activities of the Christian and other Non-Hindu Communities.

On an analysis of the information furnished by the members of the public before the Committee, the following facts emerge.

Activities relating to Propagation and Conversion to Christianity

(i) Members of the Christian Community distributed religious pamphlets and copies of Bible to the students who were returning after writing the EAMCET examinations conducted at various centres inTirupathi in May, 2006. Apart from other persons, who deposed before the Committee, this information was also disclosed by the son of Sri Prabhakara Acharya, Secretary of Vaikhanasa Ashram at Tirumala, who appeared for the EAMCET examinations. This activity of the Christians led to serious tense situation in Tirupathi. It was also revealed to the Committee that large number of women and men, dividing themselves into several groups, distributed Christian religious material at various places including EAMCET centres. Some student organizations protested against these activities. Police had to intervene to maintain law and order.

(ii) On 9th of April, 2006, two Christians by name Balaraju (pastor) and Babu while coming down from Tirumala to Tirupathi in bus bearing No.AP 11Z 1130 distributed pamphlets propagating Christianity to the pilgrims travelling in that bus. One of the passengers by name Sri Arvind of Hyderabad complained the matter to the AV&SO Sri S. Sivananda Kishore, who after enquiry gave a report dated 11.4.2006 to the Vigilance and Security Officer, TTD (Copy of the report is enclosed as Annexure-III). Basing on his report, a case in Crime No.8/2006 (copy of FIR dated 11.04.2006 is enclosed as Annexure-IV) was registered against S. Balaraju and P. Babu, residents of Tirupathi and the police took up investigation.

On the basis of the said complaint, Sri R. Sivananda Kishore (AV&SO, Sector-III, TTD, Tirumala), in his report recommended as follows: “In the light of instant case, the following recommendations may be considered to avoid recurrence of such incidents in future.

  1. As per Rule 197 of APCHR and E Act 1987 the population living in Tirumala shall adhere to the norms and shall follow the sentiments of Hindu Religion. As such thorough probe has to be taken up to verify the antecedents of Non-Hindu Employees who are working in TTD as well as Government departments i.e., Police, Fire Services, Commercial Taxes and etc., who are staying in Tirumala. The identified employees and their families shall be shifted from Tirumala.
  2. Some of the family members of the TTD employees such as wife, children are practicing Christian ideology and inviting the Pastors to conduct prayers in their houses at Tirumala. The above aspect may be carefully examined and steps taken to prevent the above activities in Tirumala.
  3. In the Rule 198 of APCHR & E Act 1987 the following activities shall be prohibited at Tirumala :-
  • Carrying and possession of Holy books of other religions like BIBLE, QURAN etc.
  • Any kind of propagation of other than Hindu religion by way of distribution of pamphlets, Literature, Brochures, Stickers, Banners, Flags, including prayers and speeches etc.”

(iii) It is reported that two Christian women belonging to Chilakuluripet were found in the TTD queue complex and they were caught red-handed on 26.4.2006 distributing religious pamphlets to the pilgrims in the queue and were handed over to the Deputy Superintendent of Police at Tirumala by the pilgrims themselves. The Committee was informed that the Vigilance personnel took into custody these two Christian women and produced them before the DSP, Tirumala. The Committee was told that the Special Officer got released those two women after questioning them and arranged special darshan and gave Prasadam. When the Committee met the Executive Officer on 22.06.2006, Special Officer Sri Dharma Reddy was present and he told the Committee that those two women came from an old age home run by a Christian Mission and they stated that as per the wish of some of the inmates of the old age home who were suffering from AIDS, they came to get Prasadam for distributing it to those inmates, and on that representation of the two women, he permitted them to have darshan after signing the requisite declaration and gave them the Prasadam. No name of the Old Age home was disclosed. It is highly unlikely that a Christian would travel long distance to visit Tirumala to collect Prasadam offered by a Hindu Religious Temple to be given to the inmates of an old age home run by a Christian Mission. It should be noted that the two women did not disclose to the concerned TTD officials before entering the queue complex that they were Christians, and they got into the queue complex without signing the requisite declaration and obtaining permission of the concerned TTD officials.

(iv) Two Christians viz., David (pastor) and Kumar, were found propagating Christianity in Tirumala and they were handed over to police. The police seem to have registered a case and kept them for two days on remand. Those two persons admitted that they committed a mistake. The EO, TTD who stated that the two were indulging in religious propaganda, also confirmed this. However, strangely the Special Officer, Sri Dharma Reddy, stated that they did not indulge in any Christian propaganda. The two Christians were eventually released without taking any action against them. On 21st May 2006, Special Officer Sri Dharma Reddy held press conference in which he stated that no Christian religious propaganda was going on in Tirumala. It is evident that he is not taking a serious view of these objectionable activities of the Christians at the holy place of Tirumala.

Propagation of Christian religion in educational institutions in Tirupathi

(i) Educational institutions at Tirupathi were established on TTD land and with TTD funds. It is brought to the notice of the Committee that in the colleges and hostels at Tirupathi, Christian religious propagation is rampant. The Christian students themselves are acting as propagators. Sri Deva Sangeetham, Principal of S.V. University College is openly indulging in propagating and converting the students to Christianity by making them go to Church, reading Bible and creating disaffection towards Hindu religion. After Sri Deva Sangeetham has taken charge as Principal, the practice of garlanding the portrait of Lord Venkateswara was stopped.

(ii) After Smt. Veena Noble Das took charge as Vice-chancellor of Padmavathi Mahila University, she got removed the photos of Lord Venkateswara and Goddess Padmavathi from all the institutions of the Mahila University and she also got removed the portrait of Lord Venkateswara from her office and discontinued the practice of garlanding the portraits of Lord Venkateswara and Goddess Padmavathi everyday. Instead she kept a portrait of Jesus Christ and the Cross n her office table. She is sending batches of students in the University buses to the church. It is also stated that in the Mahila University, the students are not allowed to have tilak on the forehead now a days and that students putting tilak are being discriminated.

Employment in the TTD

It is brought to the notice of the Committee that only Hindus have to be appointed as employees in the TTD. However the EO stated that for some period this was not followed with the result that some Muslim personnel came to be appointed. He further stated that steps are being taken to shift them to some other places gradually. It is further brought to the notice of the Committee that some employees in the TTD are also professing Christianity and that in the police quarters also congregations and prayers are being conducted regularly. There are about 40 Christian families residing in Tirumala and they are holding religious congregations at their houses on Sundays. It is stated that even in the Annadanam Complex there is one employee viz., Sri Ananda Raju belonging to Christian community, working as superintendent. The EO has stated that he will enquire and take action. It is also stated that one Christian lady is also working in the electrical department. Gopinath, Garden Superintendent also belongs to Christian community.

Non-Hindu Employees of TTD and their activities

It is brought to the notice of the Committee that many people from Christian and Muslim communities were being employed in the TTD and some of the Hindu employees were even converted as Christians and they practice the Christianity. About 40 families in Balaji Colony are Christians. They hold congregations and prayers on Sundays. The Committee is informed that Gopinath who was posted on deputation as Garden Superintendent is a Christian and that he criticizes worshipping Lord Venkateswara saying why should a black stone be decorated with garlands, and that he indulges in criticizing Hindu Religion. Considering the above facts and circumstances, the Committee is of the opinion that the propagation of Christianity with an ulterior motive of conversion is taking place in Tirupathi and Tirumala. Since the EO has categorically has assured the Committee that no such incidents will be allowed to take place, the matter has to be reviewed periodically.

Scouts and Guides

In the queue complex number of Scouts and Guides are deployed to regulate the pilgrims. It is understood that details of the religion of the persons who are so engaged is not verified and that some of them belong to non-Hindu communities. The Committee also observed that the Scouts and Guides are allowed into the main temple and to have Darshan. The Executive Officer has informed the Committee that he would take appropriate measures to prevent non-Hindus being deployed as Scouts and Guides in Tirumala.

Hawkers and Shopkeepers

It is brought to the notice of the Committee that there are number of hawkers who belong to Muslim community. Two instances are given. Shop Nos. 192 and 72 in the Shopping Complex are run by Sri Jamal Khadar and Maithri. When this is brought to the notice of EO he assured the Committee that he will look into the matter and take appropriate action. It is also further brought to the notice of the Committee that unauthorized hawkers are taken out of Tirumala by midnight and left in interior Bakrapeta forest area. Even in this process also, mainly Hindus are targeted and Muslims are rarely touched. Opposite to Lepakshi Emporium, there are about 50 Nepali shopkeepers who are Christians and they also offer prayers on Sundays, reading Bible and other Christian religious material in Tirumala. About 40 Muslim shopkeepers also are there in Tirumala. They offer Namaz on Fridays in Tirumala. There are also some Muslim hawkers mostly from Kadiri (Ananthapur District).

Contract Workers

The Committee is informed by the Executive Officer that on account of prohibition of recruitment in a number of departments like Health & Sanitation, Kalyanakatta, Roads and Buildings etc., workers are being engaged in those departments through contractors. Some of the contract workers so employed are Christians and Muslims and there is no check to see that only Hindus are engaged and to prevent non-Hindus being so engaged. . In this connection, TTD also stated that they did not verify the religion particulars of the contract labourers and also scouts and guides. The EO has assured that he will take necessary steps in this regard.

Dress Code and putting tilakam

Even though the EO has stated that dress code and tilakam were prescribed for the employees, these were not being strictly implemented. The Committee impressed upon the EO to implement it these strictly.

Other Illegal Activities in Tirumala

(i) The Committee is informed that various illegal activities both at Tirumala and Tirupathi are going on, such as sale and consumption of liquor, sale and consumption of meat, flesh trade, gambling etc.

(ii) It is also brought to the notice of the Committee that cow slaughter is also going on in down hill at Tirupathi near D.R. Mahal and that the meat is being transported to Tirumala clandestinely.

(iii) It is further brought to the notice of the Committee that TTD Kalyana Mandapam at Nagalapuram is being used by the Christians for their prayer congregations and for performance of Christian marriages. Near Sree Rama and Siva Temple in Tirupathi, Christian prayers and propagation of religion are taking place intercepting the Hindu devotees visiting the temples and persuade them to join Christianity.

(iv) It is also brought to the notice of the Committee that the newly constituted Specified Authority in place of the Board of Trustees, (the term of which has expired) is being headed by Sri D. Rosaiah, I.A.S. who is said to be a Christian.

(v) The Tourism Department is going to take up erection and operation of Rope Way from Tirupathi to Tirumala. It is also learnt that the Tourism Department plans to establish Multiplexes, Food Courts and other Entertainment and Recreational Spots on Tirumala Hills. The Committee feels that in order to facilitate the activities of Tourism Department on the hills, the area of TTD is restricted to two hills covering an area of 27.5 sq.kms.

Judgment

The EO was handed over a copy of the Judgment of a Division Bench of the Andhra Pradesh High Court reported in 1997(2) ALD Page 59 (DB) – Tallapakam Koppu Raghavan Vs State of A .P. (Copy of the Judgment is enclosed as Annexure-V). The Division Bench has observed in that Judgment as follows:-

“Although there is no documentation available as the origin is lost in antiquity, there is no attempt made before us to question the ownership of the Lord Venkateswara of Seven Hills. This being true and a real concept the Board of Trustees, the Committee or the Executive Officer are only administrators of the property of Lord Venkateswara. They can have no right of ownership in themselves and they cannot thus decide to do anything against the interest of the right of the owner i.e., in the instant case, Lord Venkateswara. Once the ownership is resolved and the right to administer is deemed to vest as provided under Article 26 of the Constitution of India in the plurality of the devotees and regulated by the provisions of the Act and Rules framed thereunder, no administrator, whether appointed under the Act or otherwise can take liberty to destroy the sanctity and Holiness of the Tirumala Tirupathi Devasthanams and domain, as we have already held, extends to all the Seven Hills called ‘Tirumala’.”

The Sacred Seven Hills

The Committee is of the considered opinion that restricting the area of TTD to only 21 KMs covering 2 hills, runs counter to the ancient texts and age old traditions and practices of the temple and that the Hindus always considered Sri Venkateswara as Lord of the Seven Hills and lakhs of devotees climb the Seven Hills with utmost devotion and reverence bare footed chanting the names of Lord Venkateswara. The Committee further feels that opening the Seven Hills to the Tourism Department will destroy the sanctity, serenity and spirituality of the Seven Hills and will seriously hurt the feelings of the Hindus throughout the Country and the World.

Funds of The TTD

It is brought to the notice of the Committee that previously Hindu Dharma Parirakshana Samithi was organizing various activities like Harikathas, devotional lectures and concerts in religious music and dance by eminent artists. Now, the name Hindu has been removed and a Dharma Prachara Parishad is in its place which is hardly conducting any religious discourses by eminent Hindu spiritual leaders and is not conducting any religious cultural activities by prominent artists. The members of the public further expressed that eminent Hindu spiritual leaders should be invited to give discourses regularly at important places through out the country and even abroad. They are of the further opinion that contributions of the devotees running into Hundreds of Crores should be utilized only for Hindu Religious and Dharmic activities and various service activities in the name of Lord Venkateswara only. The funds should not be diverted to other activities.

The Committee was informed that the Devasthanam has donated considerable land to a Muslim organization for construction of Mosque which has seriously hurt and agitated Hindus and arousing their religious sentiments. Several persons have expressed that more than 35,000 temples in the State are not having any means for performing daily poojas and donating for other religions is wholly unwarranted.

Constitution of TTD Board and Committee

It is the general view of the public that TTD Board and its Committees should comprise of eminent devout Hindus who have contributed to the development of the Hindu faith and spirituality and Government of the day should take the advice of the Hindu Dharmacharyas and Hindu Spiritual Leaders in making such appointments.

Recent News about Tirupati Tirumala

1) Controversies stain Tirupati temple board

Hopping from one controversy to another, the Tirumala Tirupati Devasthanam is facing serious allegations over irregularities in sale of tickets for paid rituals and ‘missing’ antique jewellery, offered to Lord Venkateshwara, the presiding deity of the famous temple.

Though the Andhra Pradesh government did take action over the allegations against TTD (the body that administers the highly-revered shrine), the sentiments of the devotees apparently remain unassuaged and opposition parties are up in arms against the temple administration.

In addition to opposition, some regional TV channels have been running a campaign for ‘cleansing’ the temple brass. For long, there have been allegations that PAs of some of the TTD board members took advantage of the darshan tickets available under personal quota of the members and sold them in the black market at exorbitant rates to visiting pilgrims.

Another controversy sparked off over allegedly missing ornaments offered to the Lord by Vijayanagara emperor Sri Krishnadevaraya about 500 years ago.

It is believed that Sri Krishnadevaraya had made large offerings during seven trips to the hill shrine in the 16th century. There were fears that the jewels of immense antique value, offered by him, were either melted or lost over years.

TTD Executive Officer I Y R Krishna Rao, however, said all the ornaments offered to the temple are intact and accounted for but there was no record or document in the ancient times about which ornament was donated by whom.

Reference: www.rediff.com

2) After ticket scam, suicide rocks Tirupati

Tirupati (Andhra Pradesh): A Tirumala Tirupati Devasthanams (TTD) official committed suicide on Friday after reports of alleged harassment by a senior TTD official.

The employees’ union said V.M. Suresh was being forced by Dharma Reddy to become a witness in the multi-crore ticketing scam, a charge dismissed by him.

Reference: IBN Live Website

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All Siddhivinayak devotees should remember that Maharashtra Govt. took over the Siddhivinayak trust in 1981. Maharashtra Govt. appoints custodians and trustees for the temple to manage its activities. Donations made by devotees in Millions rest in the hands of these appointed trustees.

The Donations from the devotees are being misused as per the whims and fancies of the trustees and Government. Millions of rupees are siphoned of into companies owned by Ministers, for their use. While this matter was sub-judice, the trustees blew up Millions on their meetings in 7 stars hotels! Is blowing up the hard earned money of devotees, not a cruel mockery of democracy?

The Tipnis report: Siddhivinayak temple fraud synopsis

Shri Keval Semlani, a local resident of Prabhadevi had filed a litigation in 2003 against the temple trust accusing the trust of giving away huge donations to organistions owned by politicians.

Organisations mentioned in the litigation by Mr. Semlani and donations received from Siddhivinayak temple trust :

  1. Dada Undalkar Smarak Samiti – Rs. 86 Lakhs
  2. Shikshan prasarak Mandal Kankavli – Rs. 50 Lakhs
  3. Sindhudurg Prasarak Mandal – Rs. 50 Lakhs
  4. Shivtej Arogya Seva Samiti – Rs. 50 Lakhs.

The High Court appointed a special enquiry committee led by Shri Vijay Tipnis, ex-magistrate, to examine the monetary affairs of the Siddhivinayak temple trust. The Report submitted by the committee exposed the trust and its corrupt affairs to the world.

Government Nationalized the Siddhivinayak temple trust according to a new law in 1981. This law entitles a committee of 11 members to control functioning of the trust. However, the selection criteria for posts of treasurer, President are not specified.

The people who have been selected out of personal contacts of the ruling parties have now been proven to be beneficiaries of the ruling Sonia Congress and Nationalist Congress parties.

Directions to use of temple funds

The law mentions that the temple Funds must be first used for maintenance and repairing of temple premises and idol. Secondly, it should be used for providing facilities to devotees. Thirdly, If any amount remains, it should be used to construct restrooms for devotees and with permission of the Government, may be used for monetary help to educational organisations, hospitals and dharmic organisations only. Lastly, there is a special mention that prior to donating, the temple trust must be able to prove that the Funds are Surplus.

A summary of corrupt affairs of the trust

Siddhivinayak ttrust has become a personal “Jagir” for the ministers – Tipnis Report

  • 600 applications for donations have been lying since 1994.
  • Subsequent to the trust’s decision to reject any applications before 2000, since 2001, 364 applications have been considered out of which several have been given, several rejected and several shortlisted donations have never been given.
  • Eligibility criteria and reason for donations have not been mentioned in any of the donations made.
  • Donations have been made solely on the recommendations and personal contacts of certain political references. This has been the only major criterion in many cases.
  • Some donations have been made urgently avoiding the formal protocols whereas some donations inspite of being approved stand delayed!

Involvement of politicians: Some names mentioned in the Tipnis Report.

  1. Shri. Narayan Rane(Congress): Previously Shiv Sena MLA and former Chief Minister but now a Congress MLA.
  2. Shri. Vilasrao Deshmukh: Maharashtra’s then Chief Minister
  3. Shri. Govindrao Adik: Then law and justice minister
  4. Shri. Dilip Sopal

Disobedience of the High Court: The High Court passed an order after Keval Semlani litigation prohibiting Siddhivinayak temple trust from giving out any donations. Inspite of that several hundred donations have been made indiscriminately after the court’s decision.

Legal Minister’s illegal affairs: No fixed protocol, no System has been followed in the case of accepting applications for donations. Donations have been mostly accepted for Organisations linked with prominent political figures. The clause 18 (3) which states that no trust should give away donations without explicitly stating reasons thereof. Nowhere in the case of Siddhivinayak trust Donations, have the reasons been mentioned and the Government has never objected.

As per the trust law, every 3 years a new committee of trustees is elected. In the period between 3rd November 2003 and August 2004, 4 trustees namely Smt. Vijaya Patil (favored by Shri. Govindrao Aadik, Minister), Ravi Bhandari, Sadanand Mandalik and Ravi Goenka. The biggest corruption frauds have happened in this period. Although this committee had provisioned Rs. 5 Crores for Donations for the fiscal 2004-05, in reality, more than Rs. 7.5 crores were given out in donations during the year, for which deposits were debitted from the trust’s Balance Sheet causing a cost of interest of Rs. 2 lacs.

Shri. Vijay Tipnis has stated in his report that temple trust Staff is neither sufficiently qualified nor motivated to take good care of devotee’s and visitor’s needs.

Finally the Report alleges that the State Ministers do not supervise but utilise the temple trust for their own personal benefits. The trust has become a personal “Jagir” for the ministers.

Donations from devotees should be spent on the religious matters only!

Temples are the ancient and age old foundations of our Sanatan Dharma. Knowing the importance of the tenets of Dharma, anti-social and anti-religious groups launched their attack on Sanatan Dharma. In fact, we should be spreading the teachings of Sanatan Dharma through the temples all over India. Hegemony of the politicians empowers them to misuse their powers and shake the very roots of our Hindu Dharma. Donations received by temples should be used for spreading spirituality, imparting knowledge to devotees on Dharma and for the upkeep of the temples. Part of the Donations should be utilized for social and educational upliftment. But what is the ground reality today?

Scam in the so-called International Temple Summit

Abuse of Siddhivinayak Devotees’ Money

An ‘International temple summit’ was held on 28th and 29th January 2006 at a Seven star Hotel Grand Central Sheraton, Mumbai. This summit was hosted by Sree Siddhivinayak temple trust and it was said that delegates attended the summit from 26 major temples all over the country and Sree Pashupatinath temple, Katmandu, Nepal. This ‘Seven Star summit’ was called an ‘International summit’ just because a representative of one temple outside India i.e. Nepal was amongst the delegates.

Temples as Tourist Spots!

Managing a temple as a tourist spot will bring in and inculcate crude commercialization and well-known ills of tourism development around the temple. Arranging a temple summit at a seven star hotel is an example of this attitude. The management of Sree Siddhivinayak temple in a brochure of the temple summit boasted that it had found a novel solution for disposal of ‘Nirmalya’ by converting it in to bio manure! Only those with no knowledge of the Science in Hindu rituals will have such solutions!

Sree Siddhivinayak temple trust is already in the news for siphoning of donations by politicians. There is one PIL (Public Interest Litigation) pending with the Mumbai High Court. Post the PIL, it arranged a temple summit in a seven star hotel.

Donations Fund the Temple Extravaganza!

Further, It has been found out (under the Right To Information Act) what was spent by the Sree Siddhivinayak trust on the extravaganza called ‘International temple summit’.

Spent on Amount(Rs.)
Accommodation 7,24,990
Lunch and Dinner 6,73,312
Traveling 2,39,022
Extra traveling expenses 42,500
Music show 31,000
Publicity and Decoration 4,35,032
  • Delegates were accommodated in the 7 star facility for which a rent of Rs. 7,24,990/- was paid
  • Lunch and Dinner expenses amounted to a stunning Rs. 6,73,312/-
  • Traveling expenses were a staggering Rs. 2,39,022/-
  • Extra traveling expenses, in an air-conditioned van amounted to Rs. 42,500/- (When the summit and accommodation were under one roof, what was the reason for this expenditure?)
  • Rs. 31,000/- were spent on a Music show.
  • Of the total expense for the summit, half the amount was spent on eating, resting and traveling. (Does this not make one feel that representatives of Hindu temple trusts across the country behave like Raja-Maharajas at the cost of devotee’s faith?)

Further, look at the following abuse of the trust placed in the hands of government (and therefore our) servants:

  • Amount spent on publicity and decoration – Rs. 4,35,032/-
  • Amount spent on creative activity – Rs. 1,387,278/-
  • Inspite of large staff employed in the temple as volunteers, working selflessly, an amount of Rs. 43,400/- was allotted to extra expenses for helpers.
  • Earlier the Sree Siddhivinayak temple trust management informal said that an amount of 16 lakh was sponsored.  But actually, only Rs. 8,75,438 was collected from sponsors. Even then this amount could have been used for more fruitful purposes.
  • Besides this sponsored amount, the temple funds were used for meeting the remaining expenses of Rs. 16 lakh.
  • In all, for the two-day extravaganza, Rs.24 lakhs were spent!

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Maharashtra Govt.’s Temple Takeover Act

Maharashtra Govt. had decided to takeover more than 4,50,000 Hindu Temples in the state. But due to strong protest statewide from devout Hindus and Temple trustees, Maharashtra Govt. had to change its decision to make ‘Temple takeover Act’. But Now again Maharashtra Govt. is planning to takeover 2,00,000 Temples in the State, but still Hindus are protesting strongly against it.

Maharashtra Government’s Ploy to take over all Temples: Mosques Excluded

The Congress united front government running the Maharashtra State, has made it bankrupt and is now planning to take over 4,50,000 temples and all religious institutions in the State. As per the recommendations of ’15th Law Commission’ formed under the chairmanship of Shri. D. N. Chaudhury, the State Government is planning to pass a law to this effect. The ‘secular’ (?) State Government has excluded all the mosques, Durgahs and madarassas registered with the Wakf Board.

How will this impact?

  1. Government may take control of trusts. (4,50,000 temples)
  2. All the mosques, Durgahs and Madarassas registered with the Wakf Board are excluded.
  3. The state will decide how trust money will be spent.
  4. The trusts now contribute 2 per cent of their gross income to run the Charity Commissioner’s Office. If the new law is passed, that may go up to 8 per cent.
  5. There should be three trustees per trust. One will be appointed by the government.
  6. All income should be in a common fund, there should be no lifetime trustees, each trustee should be liable (not just the trust) and donations must be approved by the charity commissioner.

Source: Hindustan Times, Mumbai Edition (28 Sept 06, Page 6)

False Reasoning by Government

Then Chief Minister Vilasrao Deshmukh ordered the drafting of a new law after a stampede killed 267 people at Mandradevi Temple in Satara in January 2005. The Maharashtra Temples or Religious Institutions (Management and Regulation) Bill will come soon in the cabinet. The Government has put forth the reason that planning and utilization of temple funds is not done properly and therefore, the above Law is proposed.

True reasons for proposing this law –

  • Government has become bankrupt and it is willing to utilize money offered by devotees to conceal its failure.
  • Government is taking over only wealthy temple trusts and ignoring the trusts which actually need the financial support.
  • Congress and marxist governments have misused the temple funds in various states including Maharashtra.

Misuse of Funds collected from Temples by the Govt.

Statement of Temple Collections & Utilization 1997-2002. (data received from the Revenue section of Tourism & Temples, Govt of Karnataka, excerpts from an article by Anjali Patel dated 29/10/2003 ( Figures in Crores.)


Year
Temple Nos Temple Revenue Temple Expenses Madrassa, Haj % of Revenue Church Others Others Description
1997 2,64,000 52.3 17.3 9.3 18 3.0 22.8 Rural,women development.
1998 2,67,073 58.3 16.5 14.3 25 5.0 22.6 Health Rural.
1999 2,67,000 67.3 15.0 27.0 41 8.0 17.3 N.A.
2000 2,62,038 69.9 13.7 35.0 50 8.0 13.2 Haj Victims
2001 2,54,038 71.6 11.5 45.0 63 10.0 5.1 N.A.
2002 2,51,012 72.0 10.0 50.0 69 10.0 2.0 N.A.
Total 391.4 84.0 180.6 20.7 44.0 83.0
$Mill 87.0 18.7 40.1 9.8 18.4

$ are in Million Dollars exchange rate Rs 45 to a dollar.

“There are as many as 2,07,000 temples in Karnataka and the total income of these temples amounts to Rs 72 crore only a sum of Rs. 6 crores is being spent by the Government for their upkeep. On the other hand, the Government spent a phenomenal amount of Rs.50 crores for the madrasas and Rs.10 crores for the churches, and for the Hindu temples only a partly sum of Rs.6 crores is being spent”. – Sri Sri Ravi Shankar (Art of Living Foundation) from Arsha Vidya Newsletter of Dec 2003).

Ref: http://www.esamskriti.com/

Latest News about Temple Takeover by Maharashtra Govt.

Maha govt may take reins of 2 lakh temples

Mumbai: Law minister Radhakrishna Vikhe Patil has mooted a proposal to take over two lakh-odd temples across the state, citing rampant corruption and irregularities in the management of the temples as his reason.

However,critics point out that the government is not a model of rectitude itself and the Siddhivinayak temple at Prabhadevi,which it runs,is equally plagued by corruption charges.

Reference: Times of India

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Oppose Black Magic Bill: A Draconian law targeting faith

Introduction

Some adversaries of Dharma are, however, trying to abuse Hindu Dharma under the appealing but deceptive pretext of ‘eradication of superstitions’ by victimizing Hindu Dharma along with the eradication of Hindu Dharma. They are however, scared to death to talk about superstitions existing in other religions. These adversaries of Dharma have been trying, through the medium of the Maharashtra Government, to get the Act against superstitions passed. Every time, with the help of the Warkari Sampradaya and other religious and pro-Hindu Organizations, HJS has intensely opposed the said Act and has forced the Government to put the passing of the Act on hold so far. The name of the anti-superstitions Act may have changed; however, its aim of destroying people’s faith has remained intact.
Now once again the adversaries of Dharma have re-started their efforts to get the Act passed under the misleading name of ‘Maharashtra Narabali (human sacrifice), Yaun shoshan (sexual exploitation), Amanavi and Aghori Krutya (inhuman and dreadful action) Act, 2005’ but the so-called new Act is like ‘old wine in a new bottle’. Some of the clauses in the Act are quite harmful for Hindus. Due to these clauses, many religious ceremonies and rituals would become non-bailable offences. All Saints and devotees could be imprisoned. Action would be taken against those following ‘Dharmacharan’ and propagating Dharma under the Act. A guilty person as per this Act, will have to pay a fine of Rs. 5000/- to 50,000/-, besides imprisonment of 6 months to 5 years. This circular is published to create awareness amongst Hindus towards the said Act.

Serious drawbacks of the Act and its utter uselessness :

  1. Legal experts and the Police have offered their impartial opinion that the existing laws are adequate for taking action against the above mentioned offences (e.g. Even now when the said Act has not been passed, in cases of human sacrifices (narabali), a death sentence has been given under the clause 302 of Indian Penal Code.)
  2. The number of crimes committed, related to superstitions, is minimal. (During the last 5 years, 17 cases have been registered in Mumbai) but it has been wrongly mentioned in the prologue of this Act, that the number of offences committed in this connection are alarming.
  3. Despite giving assurance to consider the views of the ‘Warakari Sampradaya’, the Government has consulted none of the religious organizations or ‘Dharmagurus’ while preparing a draft of the Act.
  4. Definitions of many words are not given in the Act, therefore, there is a strong likelihood of misuse of the Act.
  5. Professor Shyam Manav had accepted that the old Act would have imposed a ban on religious ceremonies; but the new draft of the Act is no different and there is only a clever play of words while there is no change in the dangers entailed by the Act.

Anti-Dharma clauses in the Act and the opinion of legal experts

Clause 13 : It is being declared, for the removal of doubt, that nothing from this Act will be applicable to any action that does not lead to the mental, physical or financial distress to a person under a religious rite or religious act.
Explanation: What about the religious ceremonies and acts that involve physical, mental or financial distress? It is clear that such acts would not be spared. Further, any act not only religious but even other practical acts involve some kind of physical, mental or financial distress and this is but a natural rule of the practical world. This shows that the Act will be applicable to all religious acts. This clause is a cruel mockery of feelings of the people, under the guise of providing ‘relief’.
It is now the responsibility of all the religious people like you to fight against this Act that has such harmful provisions and implications. Zealously participate in this fight by sending protest letters and take part in protest rallies and demonstrations to oppose the Act.

How the earlier draft of the bill might have an impact?

  1. A draconian law that allows the State to arrest without bail and initiate criminal proceedings against those who believe in the power of the Divine to cure sickness or any other problems. The Law proposes the sentence of 7 yrs of rigorous imprisonment and 50,000 Rupees.
  2. All Hindu epics, the Bible and Quran will be questioned for their correctness on basis of modern science and will accordingly be banned.
  3. Alternate medical therapies like Reiki, Pranic healing, Music healing techniques and all other such therapies will be banned.
  4. All miracles are labelled as “so-called” i.e. fake by this law. So all the Saints can be arrested if they are not able to prove the teachings of the religion and existence of Divine forces on the basis of science.
  5. Saints like Satya Sai Baba can be booked with this act.
The Police will have many more uncontrolled powers. Though the name of the bill suggests that it is intended to eradicate Black Magic, it is not true. Many expert counsellors have clarified that under the name of black magic, this law is actually targeting the Faith. All the crimes listed under this law are already covered under the Indian Penal Code (IPC), so there is no need for a new law. For detailed analysis read the Analysis by Experts. The copy of the Bill is available under the section The Black Magic Bill. Also please join to protest by participating in the online signature drive.

Did you know ?

  1. That the bill is proposed, drafted and being forced by a self proclaimed ‘rational thinking’ group, namely Andha Shraddha Nirmulan Samiti (ANS) a so called Anti Superstition organization. Their leaders are Dr. Narendra Dabholkar and Prof. Shyam Manav. They have called upon people to “Retire God” and they are well known for their Anti-Hindu campaigns.
  2. That the bill is intended to arrest Saints and devotees as declared by ANS.
  3. That this bill is about religious issues, but non believers have drafted the bill and no Saint or Guru from any religion was called upon by the Government to offer their opinion on the bill.
  4. That the Government is trying to pass this mass impact bill with the utmost secrecy. Due to the effort of the Hindu Janajagruti Samiti (HJS), the facts have come to light. So the bill has been amended more than 5 times in session.
  5. That in the last session the Government made this bill a prestige issue and passed it on the basis of the majority even though the opposition had strongly condemned the bill and asked for numerous amendments and deep study.
  6. That HJS has been fighting against this bill for the past 2 years all over Maharashtra and has gained the wholehearted support of the people.

Black Magil Bill Draft and its analysis by Legal Experts

PART 1

L.A. BILL No.LXXXIX OF 2005

Preamble

A BILL 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 and customs thriving, on ignorance, and to combat and eradicate the evil, sinister and aghori practices born out of beliefs propagated in the name of some so called divine or supernatural or magical powers or evil spirits, commonly known as Black magic by quacks and conmen with sinister motive of exploiting and harming mentally physically and financially the common people in the society and thereby destroying the very social fibre of the society; and for matters connected therewith and incidental thereto.

WHEREAS alarming number of incidences of causing mental, physical and financial harm to and exploitation of, the common people in the society because of evil, sinister aghori practices and practice of Black magic and evil spirits, at the hands of quacks and conmen, continuously have come to light;

AND WHEREAS under the circumstances it has become absolutely necessary for the Government to take appropriate and legal measures to effectively contain such evil effects and spread of these harmful practices, usages and customs and belief in Black Magic and such other evil and aghori practices and to save the common people from falling pray to the sinister designs of the black magic fans quacks and conmen, whose false claims of possessing magical or miraculous remedies or powers and anti-social and harmful activities are threatening to damage the way social fibre and the beliefs of the common people in the authentic and scientific medical remedies and cures and are driving them, an account of blind beliefs and ignorance, to the take recourse of such quacks, conmen and Black Magicians it is hereby entered in the Fifty-sixth year of the Republic of India as follows-

Sections of Act

1. 1]This Act may be called the Maharashtra Eradication of Black magic and Evil and Aghori Practices Act 2005

2.It extends to the whole of the State of Maharashtra

3. It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint

2. (1) In this Act, unless the context otherwise requires a] “Code” means the Code of Criminal procedure, 1973

b] …. of Black Magic and evil and aghori practices means the commission of the acts mentioned or described in the Schedule appended to this Act by any person himself or caused to be committed through or by instigating any other persons.

c] “prescribed” means prescribed by rules made under this Act;

d] ‘propagate” means issuance or publication of an advertisement, literature, article or book relating to or about Black Magic and evil and aghori practices and includes any form of direct or indirect help, abetment, participation or co-operation with regard to practice of Black magic and civil and aghori practices;

e] ‘rules” means the rules made under this Act.

(2) Words and expressions used but not defined herein, shall have respective meanings as assigned to them in the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and the Code.

PART 2

Prohibition of Black Magic

3. (1) No person shall, either himself or through any other person promote propagate or practice or cause to promote, propagate on practice Black Magic and evil and aghori practices described in the Schedule appended to this Act.

(2) On and after the date of coming into force of this Act advertisement, practice, propagation or promotion of Black Magic and evil and aghori practices in violation of the provisions of this Act by any person by himself or through any other person, shall constitute an offence under the provisions of this Act, and the person guilty of such offence shall, on conviction, be punished with imprisonment for a term which shall not be less than six months but which may extend to seven years and a fine which shall not less than five thousand rupees but which may extend to fifty thousand rupees.

(3) Whoever abets commission of, or attempt to commit any act or offence punishable under this Act shall be deemed to have committed that offence and shall, on conviction, be punishable with the same imprisonment provided for such offence in sub section (2)

(4) The Offences punishable under this Act shall be cognizable and non-bailable.

4. No court inferior to that of a Metropolitan Magistrate or a magistrate of a First class shall try any offence punishable under this Act.

Jurisdiction to try offences

5. (1) Where an offence under this Act has been committed by a company, every person, who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against the punished accordingly:

Provided that, nothing contained in this sub-section shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent commission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer responsible for exercise of proper care or supervision of the company in that respect, such director, manager, secretary or concerned officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation – for the purposes of this section –

(a) “company” means a body corporate and includes a firm association of persons or body of individuals, whether incorporated or not : and also includes a trust, whether registered under any law for the time being in force or not: and

(b) “director” in relation to a firm means a partner in the firm and in relation to an association of persons or body of individuals, means any member controlling the affairs thereof; and in relation to a trust includes the person managing the affairs of the trust.

Vigilance Officer

6. (1) The State Government may, by notification in the Official Gazette, and subject to such terms and conditions as may be specified in the notification, appoint for any one or more police stations as may be specified in such notification, one or more police officer to be known as the Vigilance Officer:

Provided that, such police officer shall not be below the rank of an Inspector of Police, Group “B”.

(2) It shall be the duty of the Vigilance Officer –

(i) to detect and prevent the contravention or violation of the provisions of this Act or the rules made there under, in the area of his jurisdiction and report such cases to the nearest police station within the area of his jurisdiction; and upon filing of complaint to the police station by any victim or any other person on his behalf to ensure due and speedy action thereon and to give necessary advice, guidance and help to the concerned police station;

(ii) to collect evidence for the effective prosecution of persons contravening the provisions of this Act; and to report the same to the police station of the areas in which such contravention has been or is being committed.

(iii) to discharge such other functions as may be assigned to him from time to time, by the State Government, by general or special orders issued in this behalf.

(3) Any person who obstructs the discharge of the official duties or work of the Vigilance Officer appointed under sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.

(4) The Vigilance Officer shall be deemed to be a public servant within the meaning or section 21 of the Indian Penal Code.

45 of 1860

Powers of entry search etc.

7. (1) Subject to the general or special orders issued in this behalf by the State Government from time to time, the Vigilance Officer may, within the local limits of the area of his jurisdiction, with the assistance of the police officers of his area –

(i) enter and search, at all reasonable times, with such assistance, if any, as he considers necessary, any place in which he has reason to believe that an offence under this Act has been or is being committed;

(ii) seize any material, instruments or advertisement which he has reason to believe that the same has been or is being used for any act or thing which is in contravention of the provisions of this Act;

(iii) examine any record, document or other material object found in any place mentioned in clause (i) and seize the same if he has reason to believe that if may furnish evidence of the commission of an offence punishable under this Act.

(2) The provisions of the Code shall, so far as may be, apply to any search or seizure under this Act as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the Code.

(3) Where any person seizes anything under clause (ii) or (iii) of sub-section (1) he shall, as soon as may be, inform a Magistrate and take his orders as to the custody thereof.

Bom, XXII of 1951

Application of the provisions of the Bombay Police Act, 1951.

8. The provisions of sections 159 and 160 of the Bombay Police Act, 1951, shall apply to acts done in good faith by the Vigilance officer under this Act, as if the Vigilance Officer is a police officer within the meaning of that Act.

9. the provisions of the Code shall apply to the investigation and trial of offences under this Act.

Application of provision of code

10. The Provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force.

Act to be in addition to and not in derogation of any other law

11. (1) Where any person is convicted of any offence punishable under this Act. it shall be competent for the Court convicting such offender to cause the name and place of residence of such person to be published by the police ink the local newspaper where such offence had taken place together with the fact that such offender has been convicted of the offence under this Act and such other particulars as the court may deem fit and appropriate, to be allowed to be published.

Publication of fact of conviction

(2) No such publication under sub-section (1) shall be made until the appeal (if any), filed against such order is finally disposed of.

12. (1) The State Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of this Act.

Rules

(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before cash House of the State Legislature while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the session or sessions immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall, from the date of publication of such decision in the Official Gazette, 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 or omitted to be done under that rule.

Savings

13. For the removal of doubt, it is hereby declared that nothing in this Act, shall apply to the acts involving religious rites and rituals which does not adversely affect any person mentally, physically or financially.

PART 3

Schedule [See section 2(1)(b)]

(1) Under the pretext of expelling the ghost assaulting by tying a person with rope or chain, beating by stick or whip, to make the person drink footwear soaked water, giving chilli smoke, hanging a person to roof, fixing him with rope or by hair or plucking his hair, causing pain by way of touching heated object to organs or body of a person, forcing a person to perform a sexual act in the open practicing aghor acts, putting urine or human excreta forcibly in the mouth of a person or practicing any such acts.

(2) Display of so called miracles by a person and thereby earning money and to deceive, defraud and terrorise people by propagation and circulation of so called miracles.

(3) With a view to receive blessings of super natural power to follow the evil and aghori practices which causes danger to life or grievous hurt: and to instigate, encourage or compel others to follow such practices.

(4) Doing any inhuman act in search of precious things, bounty, water resource or for similar reasons in the name of karni, bhanamati and making or trying to make human sacrifice in the name of jaran-maran, or dev-devaski or to advice, instigate or encourage committing such inhuman act.

(5) to create an impression by declaring that a divine spirit has influenced one’s body or that a person has possessed such divine spirit and thereby create fear in the mind of others or to threaten others of evil consequences for not following the advise of such person.

(6) By declaring that a particular person practices karni, black magic or brings under the influence of ghost, or diminishes the milching capacity of a cattle by mantra-tantra, or crate a suspicion about such person, or similarly accusing a particular person that he brings misfortune to others or is responsible for spread of diseases and thereby making the living of such person miserable, troublesome or difficult; to declare a person a satan or incarnation of satan.

(7) In the name of jaran-maran, karni, or witchcraft (chetuk) assaulting any person, parading him naked or put a ban on his daily activities.

(8) To crate panic in the mind of public in general by way of invoking ghost by mantras, or threaten to invoke ghost, putting up a false show to make a person free from poisonous infection by invoking mantras or similar things, creating an impression that there is ghostly or divine wrath causing physical injuries and preventing a person from taking medical treatment and instead diverting him to practise aghori acts or treatment, threatening a person with death or causing physical pains or causing financial or psychological harm by practicing or tend to practise mantra tantra (chetuk). black magic or aghori act.

(9) Prohibiting and preventing a person from taking medical treatment in case of dog, snake or scorpion bite and instead giving him treatment like mantra-tantra, ganda-dora or such other things.

(10) Claiming to perform surgery by fingers, or claiming to change the sex of a foetus in womb of a woman.

(11) (a) to create an impression that oneself is having special super natural powers, emanation of another person or holy spirit, or that the devotee was his wife, husband or paramour in past birth thereby indulging into sexual activity with such person;

(b) To keep sexual relations with a woman who is unable to conceive assuring her of motherhood through supernatural power.

(12) To create an impression that a mentally retarded person is having super natural power and utilizing such person for business or occupation.

PART 4

STATEMENT OF OBJECTS AND REASONS

An alarming number of incidences of causing mental, physical and financial harm to, an exploitation of, the common people in the society because of evil and aghori practices, practice of Black Magic and evil spirits, at the hands of quacks and conmen have come to light.

2. Under the circumstances it has become absolutely necessary for the government to take appropriate and stringent social and legal measures to effectively contain and eradicate the evil effects and spread of these harmful practices and aghori practices and belief in Black Magic and such other evil and aghori practices and to save the common people from falling prey to the sinister designs of the black magicians, quacks and conmen, whose anti-social and harmful activities are threatening to seriously damage the very social fibre and the faith of the common people in the authentic and scientific medical remedies and cures and are driving them to take recourse to such quacks, conmen and black magicians, by enacting a special and stringent law to deal with such evil and aghori practices, customs, etc.

3. The salient features of the Act are as follows :-

(i) The Practice, promotion and propagation of Black magic, evil and aghori practices and the unauthorised and illegal practice of medicine or healing or curing power by quacks, conmen, etc., is being prohibited by providing a definition of the term “practice of Black Magic and evil and aghori practices”. Such practice is being made an offence under this Act and to serve as a deterrent, it is proposed to provide for the stringent penal provisions for such offences including making such offences cognizable and non-bail-able;

(ii) It is being provided that there would be a Vigilance Officer, who shall endeavor to detect and prevent, contravention of the provisions of this Act and the rules and collect evidence for effective prosecution of the persons contravening the provisions of this law;

(iii) 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 law; and

(iv) Other incident all and connected matters.

4. The Bill seeks to achieve the above objectives.

Nagpur, CHANDRAKANT HANDORE

Dated the 13th December 2005 Minister for Social Justice

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves the following proposals for delegation of legislative power, namely :-

Clause 1(3) :- Under this clause, power is taken to the State Government to bring the Act into force on such date as it may, by notification in the Official Gazette, appoint.

Clause 6(1) :- Under this clause, power is taken to the State Government to appoint, by notification in the Official Gazette, for one or more police stations, as may be specified in such notification, an officer or officers to be known as the Vigilance Officer.

Clause 12 :- Under this clause, power is taken to the State Government to make rules, by notification in the Official Gazette, for carrying out the purposes of this Act, subject to the condition of previous publication.

2. The above proposals for delegation of legislative power are of a normal character.

VILAS PATIL, Principal Secretary,

Maharashtra Legislative Assembly.

MAHARASHTRA LEGISLATURE SECRETARIAT

(L.A.BILL No.LXXXIX OF 2005)

( A Bill 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 and customs thriving on ignorance and to combat and eradicate the evil, sinister and aghori practices horn out of beliefs propagated ink the name of some so called divine or supernatural or magical powers or evil spirits commonly known as Black magic by quacks and conmen with sinister motive of exploiting and harming mentally, physical and financially the common people in the society and thereby destroying the very social fiber of the society; and for matters connected therewith and incidental thereto)

(SHRI. CHANDRAKANT HANDORE,

Minister for Social Justice)

VILAS PATIL,

Principal Secretary, Maharashtra Legislative Assembly

Analysis of Black Magic Bill by Legal Experts

A. About preamble

1. Divine energy is superstition

Observation: There are a great number of religions all over the world that belive in Divine energy. Faith in God encompasses faith in divine energy and super natural powers. In preamble of the now approved bill, divine energy has been described as ‘so-called’ and hence bill claims that it is a superstition. Thus the Government is denying faith in Divine energy and is enacting a law, which is anti-faith. Presently, there have been a large number of conversions by misusing the simple beliefs of the people. There are no Sections to fight this in the law.

It could be a superstition about divine energy that ones religion gets changed by drinking water, in which a piece of bread has been put or by some water sprinkled on ones head. Why is the Govt, which is objecting to Mantras, Rituals, Ayurveda, Saints in this law, is silent about such conversions?

2. Govt’s baseless claim that society is ridden with superstition.

Observation: The law is enforced by through the Police and the Judiciary. The police and judiciary can request the Government for a law if they find they have trouble in taking action in the crimes pertaining to superstition. Has the Govt got such written complaints or requests? Similarly the Govt. claims in the preamble that crimes pertaining to Superstition and blackmagic have increased in alarming numbers. Does the Govt have proof of the number of complaints, their nature and the obstacles in processing these cases? In this context the statistics obtained, within the right to information act, state that for the last five years only 17 crimes have been found to be connected to superstition. ‘The Andhashraddha Nirmulan Samiti’ (ANS) has been striving to bring about this act for the last 15 years. So who actually wants this act – The people, the Govt. or ANS?

3. Law that makes the police superior to the saint in the place of worship or pilgrimage.

Observation: Saibaba, Sant Dyaneshwar and many Saints have performed miracles in their lifetime. Even today many miracles are seen in Ganagapur (Maharashtra). There is a mention of miracles in almost all the Hindu religious books (scriptures). Are all these claims of miracles going to be considered untrue/false under this Law? Only those who are superior to the person doing the miracle can decide whether a miracle is true or false. Do the Govt. and ANS consider themselves superior to the Saints?

B. The Sections within the Act.

1. The Preface

Section 1:

Observation: In the beginning it was said that this Law would apply to all the religions. Why was this sentence removed? For this, it would be necessary to get the consent and opinion of the people of all religions and why did the Govt. not do this?

2. The word Superstition not defined

Section 2(b):

Observation: They have mentioned the word, “Blind Faith” in the preamble but in the bill they have avoided to state what constitutes difference between Faith and Blind Faith, it has become clear that they have intentionally avoided giving the definition of the word Andhashraddha “Superstition” i.e. blind faith. While naming the law, the word “Andhavishwas” have been intentionally avoided.

3. Ban on the Vedas and all Religious Books.

Section 2(d):

Observation: In this act it is considered a crime to believe and spread information about divine power. Hence all the religious books, e.g. The Vedas (Also 4th Ved, i.e. Atharvaved consists of many Jadu-Tona i.e. Blackmagic methods), The Gita, The Mahabharat and The Ramayan, would be banned and the Saints who spread their message shall be arrested under culpable and punishable offence under this act.

4. Arrangement that the Saints and Devotees shall not get Bail.

Section 3. Sub Section (4)

Observation: According to this act the offence shall be a cognizable, non-bailable offence. So the police shall be unable to give bail to the people arrested under this law. Only the courts of the Metropolitan Magistrates and the First Class Magistrate’s shall have the authority to do so. If one is arrested on a holiday then it is likely that one may have to wait for some days for bail to be obtained. As per the law this is a cognizable offence and so obtaining bail with this law is next to impossible. Prof. Shyam Manav (head of A.B.A.N.S. & involved in making this law) has held a press conference after the Law was passed in the Assembly, in the press note he says, “We have taken the precaution that person arrested within this law will not be able to go free”.

5. Ploy to finish off the Sects and Saints.

Section 5. Subsection 2:

Observation: They have intentionally included this section, which is applicable to undertakings, organizations and Trusts and companies. The Govt. states that it’s intention to stop Mantriks, Tantrums and persons doing black magic by this law. Prima-facie, it appears this law is aimed at the hypocritical mantiks and tantriks. But this is just a bluff; as the hypocritical tantriks –mantrik, (persons who claim to break spells, remedy like amulet, remove ghosts and demons), do not work by establishing the organization or trusts and neither are such people helped by companies and undertakings. So it can be understood that this Section has been intentionally inserted to catch the Hindu Saints, Varkari Sampradaya and other sects, trusts organizations and companies.

Recently the SiddhivinayakTemple Trust had asked through the newspapers to submit spiritual experience about this temple. Such an appeal can get the Temple trust into trouble. There is a great possibility of Police corruption due to this law.

6. Wrong Section

Sections 6 Sub Section 2:

Observation: Allowing other people, the liberty to complain is wrong as it can be misused greatly.

7. Unlimited powers to the Vigilance officer

Section 6 subsection 3, Section 7 sub Section 1, Section 7 Sub Section 1(2):

Observation: The Vigilance officer has been given the right to enter any place at any time and arrest a person only on suspicion, he also has been given the liberty to search anywhere and confiscate any thing. Besides this anyone obstructing him is liable to be put in prison for three months and imposed penalty. The Hindu religious places have certain norms as to who should enter the premises and how they should do so to preserve the sanctity and purity of the place. These rules and norms will not be applicable to the Vigilance officer. Besides if he is an atheist or a Hindu despiser then this officer can do immense misbehaviour, which could cause hardships to the devotees. Prof. Manav has said this recently in a public programme “The law can be misused like all others”.

7. (1) (one) As per the Law the vigilance officer can enter and search any premise along with anyone he recruits as an assistant. Because of this authority, the members of the Andha-shraddha Nirmoolan Samiti will get the opportunity to take action against the devotees. There is a great possibility that ANS will use this to take revenge against the Saints. As they have continously criticized H.H.Narendra Maharaj, H.H.Aniruddha Bapu, H.H. Asaramji Bapu and many other saints and their Devotee, there is no doubt that they will use this opportunity to take their revenge on them.

8. The grade of the A.N.S. Vigilance Officer is permanent.

Section 8:

Observation: The Mumbai Police Act 160 gives the grade of a police officer to any person who is given the right by the Government or the Police or the Vigilance officer the authority. And the person can take action to impose the law. The Government of Maharashtra has founded a Government Committee to uproot “Superstition”; and filled it with the office bearers of A.N.S. Therefore it will not be difficult for them to get such rights from the Government. In Section 8 of the previous draft Law made by Prof. Manav various organizations had been given parallel or equal rights as the vigilance officers. This same right has been included in a different guise.

9. Misleading Assurance of a Practical Attitude!

Section 13:

Observation: One has to take physical or psychological efforts or monetary harm when one performs any act. Religious acts of pooja, ritualistic worship, Religious discourses or any other religious act cannot be an exception to this universal rule. Thus, to phrase this law in a different way to reassure the public is a cruel prank. It proves that this Law is fact applicable to “religious” activities. The Constitution has given Indian Citizens right to religious freedom. This Black Law denies that right.

C. Schedule of the law

1. Present laws are capable.

Schedules Item No 1:

Observation: Let the Govt first answer this question, “Will the police take any action if these crimes take place before the Law comes into being?” The definite positive answer shows that present laws are capable and a new law is not at all necessary. We have no objection to punish the people commiting these crimes. But the present Indian penal code has clear provisions to do so. Therefore there is absolutely no need for a separate Law. If somebody feels that the punishment given for these crimes in the Indian penal code is not adequate then the Government has right to amend the existing laws. For current provisions refer the Indian Penal code (I.P.C.) sections 319–326, 299,302,508,117, 497, 417 etc.

2. The Law does not accept Divine energy

Schedule item 2:

Observation: Now there is a change in the ‘schedule item 2’. The word ’miracle” is stated as “so called” In the booklet, published Dr. Narendra Dabholkar of A.N.S. (Anti-Superstition Meaning, Objections and Implementation, Page. 31) he clearly stated that, “By this item ANS has won an important battle… Since miracles are called ‘So-Called’… One must know that all miracles are necessarily false i.e. so-called” Also he states, “Miracle means something happening beyond the cause and effect rule of Science.” Even Prof. Shyam Manav had stated during the meeting with Shivsena, “That which cannot be proved by science is a miracle”. Science is yet to discover components of the mind and the intellect. How could such science test or discover the science behind the miracles that occur because of Divine Energy? So claiming miracles to be untrue is to claim that the divine, super-natural energy does not exist. As there is no scientific proof of this claim, the law cannot say so.

Miracles are described in the Dharmik Vidhi’s like Satyanarayan pooja, Vaibhav Lakshmi Vrata, Rites after Death, Narayan Nagbali, etc. describe miracles and what can be achieved by doing these rituals. If the stated result is not obtained then the pooja, items and the books related to it can be confiscated and banned. Similarly while performimg pooja one has to follow certain rules as stated in pooja-books. If ignored one will not be benefitted or even get harmed. Such rules can be called as threats and hence one can ban pooja and the entire path of ritualistic worship.

In all the paths of spiritual pratice the seeker gets the experience of the divine principle. For the world it is like a miracle. Compilation of such experiences and spreading word about them is an intrinsic part of spreading righteousness or religious knowledge. Calling this a crime is an infringement into the right to religious freedom. Further, books about the miracles performed by Shirdi Sai Baba, Swami Samartha in their lifetime are available for sale. Similarly every sect has books about the spiritual experiences of their devotees.

According to the Christian religion the Pope has the authority to declare a Saint. To call one “Saint” it is necessary that he should have performed atleast one miracle. It was required to prove that Mother Teresa perform miracles before she was declared to be a Saint. Will all saints in the Christian Religion be considered as fake?

In the Bible there is mention of unscientific facts like ‘the earth is flat’, ‘earth has poles’ ‘the sun revolves around the earth’. Because of this is the Government going to take action against the ‘Bible’?

3. Ban on Penance, Ritual, Yoga etc.

Schedule Item 3:

Observation: Trying to get blessings of the Divine energy is called ‘Sadhana’ or ‘Upasana’ or ‘Spiritual Practice’. The path a person chooses to get the blessings of the Divine Energy is his own choice. Bringing a ban on this is a curtailment of the right to personal freedom

Because of this law ‘tapascharya’ penance, ‘Anushthan’ rituals, ‘tirthayatra’ pilgrimages, ‘upavas’ fasts can be banned claiming that those are dangerous to life and have no sceintific base. The Jain Munis and Christian Nuns accept this path of their own accord. When this is so this Law will ban the path of obtaining this knowledge, these are signs that it will destroy spirituality and culture.

The great Saint Gagangiri Maharaj has done penance standing in water. The fish have eaten his fingers and toes. Will he be arrested under this Section? In the Muslim religion there is a ritual called “Maatam’ in which the person hits his body with sharp weapons. Is the Government going to take action against them too?

4. The funny Section in the act

Schedule item 4:

Observation: If a person does human sacrifice it is considered an Andhashraddha. If this is proved as per the law then the person is sentenced for at least 6 months and to the maximum of 7 years at the most. But in the Raman Raghav human sacrifice case, the sentence given was that of Hanging as per present IPC 302. If this is so, then what has the Government and ANS achieved by including this unnecessary Section, which gives only 7 years sentence for the same crime. Also there are no legal definitions provided for the words Spells, Sorcery, Jaran maran etc.

5. Divine Trance is a crime.

Section 5:

Observation: the government has not given the thumb rule with which to examine and decide if the Divine energy has entered the Body or not. Whatever the vigilance officer feels shall be the truth, this is the strange law that shall be implemented.

6. Schedule item No.6, 7, 8 : unnecessary Sections.

Observations about itme 1 are applicable to the schedule items No. 6, 7 and 8. Please see Indian Penal Code (I.P.C.) section, 319-326, 299,508,117,497and 417.

7. Ban on the science of Ayurveda, Healing Methods and the traditional home remedies.

Schedule item 9:

Observation: Today, many villages in Maharashtra do not have medical facilities. In many places people have to travel a distance of many kilometers to reach a Doctor. Government should first arrange for the medical facilities and then think about such a law. Further it is a question of individual choice as to which method of treatment the individual wishes to undergo. Preventing this is an attack on personal freedom.

More over, the Health department of the Government of Maharashtra put up one law giving protection to the people practicing traditional medicine. The new law will take this protection away. These two Laws of the Government of Maharashtra have proved to be Contradictory to each other.

8. Inclusion of unnecessary items

Schedule item No.10:

Observation: These claims are topics for research. Till the time Science proves that they are false it would not be appropriate to declare them as offences or crimes. Punishing a person for making any type of claim is suppression and oppression. The present laws are equipped to handle the situation if a complaint is made in this context and so inclusion of this item is unnecessary.

9. Schedule item No.11

Observetions about itme 1 are applicable to the schedule items No. 6, 7 and 8. Please see Indian Penal Code (I.P.C.) section, 319-326, 299,508,117,497and 417.

10. Law that is trying to declare Saints and Mahatmas as Mentally retarded

Schedule item No. 12. :

Observation : As the Government has not declared what are tools or norms accepted by them to test Supernatural powers. H.H. Gajanan Maharaj of Shegaon and H.H. Bhalchandra Maharaj of Kankavali were ‘Avaliyas’ or Sages absorbed in meditation. As many, realized their Sainthood, even today society has a large number of their devotees. ‘Avaliyas’ or Sages absorbed in meditation do not have any body consiousness and so their behaviour appears to be like that of a mentally retarded person. In such case to decide who is mentally retarded person and who is a saint, spiritual practice becomes necessary. It cannot be investigated or decided through legal means.

Comparison of Offences Under the Black Magic Act
and Existing Penal Law

Entry

Nature of Offence

Existing Provisions of the IPC

1.

Under the pretext of expelling the ghost assaulting by tying a person with rope or chain, beating by stick or whip, to make the person drink footwear soaked water, giving chilli smoke, hanging a person to roof, fixing him with rope or by hair or plucking his hair, causing pain by way of touching heated object to organs or body of a person, forcing a person to perform a sexual act in the open, practicing aghori acts, putting urine or human excreta forcibly in the mouth of a person or practicing any such acts.

319: Hurt.

320: Grievous hurt.

336: Act endangering life or personal  safety of others.

337: Causing hurt by act endangering life or personal safety of others.

339: Wrongful restraint.

340: Wrongful confinement.

350: Criminal force.

351: Assault

357: Assault or criminal force in attempt wrongfully to confine a person.

509: Word, gesture or act intended to insult the modesty of a woman.

2.

Display of so called miracles by a person and thereby earning money and to deceive, defraud and terrorise people by propagation and circulation of so called miracles.

351: Assault

415: Cheating

416: Cheating by personation

420: Cheating and dishonestly inducing delivery of property

3.

With a view to receive blessings of super natural power to follow the evil and aghori practices which causes danger to life or grievous hurt; and to instigate, encourage or compel others to follow such practices.

320: Grievous hurt.

327: Voluntarily causing hurt to extort property, or to constrain to an illegal act

107: Abetment of a thing.

4.

Doing any inhuman act in search of precious things, bounty, water resource or for similar reasons in the name of karni, bhanamati and making or trying to make human sacrifice in the name of jaran-maran, or dev-devaski or to advice, instigate or encourage committing such inhuman acts.

300: Murder

307: Attempt to murder

107: Abetment of a thing

508: Act caused by inducing person to  believe that he will be rendered an object of the Divine displeasure.

5.

To create an impression by declaring that a divine spirit has influenced one�s body or that a person has possessed such divine spirit and thereby create fear in the mind of others or to threaten others of evil consequences for not following the advise of such person.

383: Extortion

385: Putting person in fear of injury in order to commit extortion

386: Extortion by putting a person in fear of death or grievous hurt

387: Putting person in fear of death or of grievous hurt, in order to commit extortion

503 Criminal intimidation

508 Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure

6.

By declaring that a particular person practices karni, black magic or brings under the influence of ghost, or diminishes the milching capacity of a cattle by mantra-tantra, or create a suspicion about such person, or similarly accusing a particular person that he brings misfortune to others or is responsible for spread of diseases and thereby making the living of such person miserable, troublesome or difficult; to declare a person as satan or incarnation of satan.

499: Defamation

505: Statements conducting to public mischief.

508: Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure

7.

In the name of jaran-maran, karni, or witchcraft (chetuk), assaulting any person, parading him naked or put a ban on his daily activities.

509: Word, gesture or act intended to insult the modesty of a woman

351: Assault

329: Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act

8.

To create panic in the mind of public in general by way of invoking ghost by mantras, or threaten to invoke ghost, putting up a false show to make a person free from poisonous infection by invoking mantras or similar things, creating an impression that there is ghostly or divine wrath causing physical injuries and preventing a person from taking medical treatment and instead diverting him to practise aghori acts or treatment, threatening a person with death or causing physical pains or causing financial or psychological harm by practicing or tend to practise mantra-tantra (chetuk), black magic or aghori act.

319: Hurt

320: Grievous hurt

326: Voluntarily causing grievous hurt by dangerous weapons or means –

327: Voluntarily causing hurt to extort property, or to constrain to an illegal act

339: Wrongful restraint

340:  Wrongful confinement

351: Assault

383: Extortion

385: Putting person in fear of injury in order to commit extortion

415: Cheating

503: Criminal intimidation

505: Statements conducting to public mischief.

506: Punishment for criminal intimidation

508: Act caused by inducing person to believe that he will be rendered an  object of the Divine displeasure

9.

Prohibiting and preventing a person from taking medical treatment in case of dog, snake or scorpion bite and instead giving him treatment like mantra-tantra, ganda-dora or such other things.

339: Wrongful restraint

340: Wrongful confinement

10.

Claiming to perform surgery by fingers, or claiming to change the sex of a foetus in womb of a woman.

316: Causing death of quick unborn  child by act amounting to culpable  homicide

416: Cheating by personation

420: Cheating and dishonestly inducing delivery of property

11.(a)

To create an impression that oneself is having special super natural powers, incarnation of another person or holy spirit, or that the devotee was his wife, husband or paramour in past birth thereby indulging into sexual activity with such person;

354: Assault or criminal force to woman with intent to outrage her modesty.

375: Rape

11.(b)

To keep sexual relations with a woman who is unable to conceive assuring her of motherhood through super natural power.

375: Rape

12.

To create an impression that a mentally retarded person is having super natural power and utilising such person for business or occupation.

415: Cheating

416: Cheating by personation

420: Cheating and dishonestly inducing delivery of property

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