Playing god to the gullible

The news coverage of the Rampal fiasco got me thinking how a man could avoid the legal process on 43 occasions and still get away with it. In this case, the godman apparently employed his own militia of 3,000, paying his “commanders” a salary of about Rs40,000!

This is not the first godman scandal coming out of the closet. Godly India and her polity have had many a brush with (Dhirendra) Brahmacharis and (Chandra) Swamys in the past. The Kanchi Shankaracharya’s case, the Nityanand sex scandal and the Asaram Bapu episode are of recent vintage.

Article 51A(h) of the Constitution of India (COI) enjoins as a “fundamental duty” the development of “the scientific temper, humanism and the spirit of inquiry and reform”. This has not deterred India from her historic fascination with the Holy! We have had Presidents, ministers, judges and politicians running to miracle-performing godmen. Sessions conducted by sadhus assuring miracle cures — from acne to gayness — get booked in the blink of an eye. Television rights of satsangs, prescribing jaw-dropping cures, such as wearing a blue shirt on Tuesdays, get picked up faster that football league matches! Many ashrams have land banks that would put real estate companies to shame. 

I know we have a plethora of laws and our hriday samrat wants to get rid of outdated laws. It would be interesting, however, to examine the legal regime that governs godmen. We have laws regulating cable broadcasts, certification of films, enrolment of doctors and practitioners of ayurvedic and yunani medicines. What about laws that govern what godmen can preach — or donations they can charge —  what activities an ashram can engage in? 

Article 25 of the COI, subject to “public order, morality and health”, grants to all persons the freedom of conscience and the “right freely to profess, practice and propagate religion”.  It is clarified that the State can enact laws regulating or restricting any economic, political or other secular activity associated with the religious practice — and for social welfare and the reform of the caste-based Hindu religion.  Article 26 grants the freedom to a “religious denomination” to establish and manage institutions.

The Supreme Court, in a number of cases, over time, has set out the contours of this “right to freedom of religion”. In Deekshitulu’s case (1996), the Court clarified that religion was a matter between an individual and his Maker. The Court held that only this theistic core was protected and the rest, in the secular or mundane periphery, was susceptible to legislation and regulation. For example, cow sacrifice has been held not to be integral to Muslim faith; as is tandav dance by Anand Margis not central to any religious faith. Several states have enacted legislation for the management of temples and religious institutions. In Sarup vs State of Punjab (1959), the Court held that the mode of representation to the Board for management of a gurdwara could be legislated upon. Thus, State inroads into religious institutions of all communities, is complete. Several mosques in the custody of Wakf boards are constituted and regulated under local laws. Azam Khan wants even the Taj Mahal to be transferred to the UP Wakf Board.

So “formal” religion is, by and large, covered by law. But what about the offshoots? The Godmen and their deras or ashrams?  Can the law breach their heavily fortified tall walls? There is no doubt that a god-fearing populace forms fertile ground for these people to operate on. The legal cover is provided by the constitutional freedom of religion that I have just adverted to.

The only significant legislation which remotely addresses the “godmen” phenomenon is the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1955. This law defines a “magic remedy” as including a “talisman, matra, kavacha or charm” claiming to possess miraculous powers for “diagnosis, cure, mitigation, treatment or prevention of any disease”. This law makes the advertisement of magic remedies in respect of listed issues such as miscarriage, sexual enhancement, menstrual disorder and 54 other aliments — ranging from cancer to sexual impotence. The fine for the first offence is six months, seasoned offenders to get a year and fine.

The death of a rationalist prompted Maharashtra to enact the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013. The long name is quite descriptive of its sweep. The legislation criminalises the commission of various acts including exorcism, performing of miracles to earn money and defrauding people, accusing persons of bringing misfortune to others, performing surgery by hands to change sex of foetus, preventing victims of dog, snake, scorpion bite from seeking medical treatment, etc. This is a new law and we are yet to see it work out. 

The Delhi high court, while declining Chandraswami bail (1996), observed that simply because a person is called a godman did not mean he is above the law. The same court, while allowing an injunction to Nirmal Baba (2012), did not hesitate to add the rider that he shall restrain from giving “absurd or illogical solutions to his disciples”. The court noted while India inched towards “super power” status, the godmen remained in the scene, albeit with private jets and turnover in crores. It added a “note of caution” on the “sudden resurgence of the babas who claims to have mystical powers and give all kind of illogical solutions to overcome the miseries of people” as such “glorified superstition” would turn back the clock of development.

Oliver Holmes’ “Be you ever so high, the law is above you” (imported by Justice Verma in the Hawala Case) now has a clichéd ring to it, but the chilling truth is that the eternally vigilant citizenry of a democracy must keep chanting this mantra to maintain oxygen supply for any rights based constitutional order — ie, the rule of law. No person, howsoever holy, should expect and receive  differential treatment at the hands of the justice system. Only education, universal health and sanitation and women’s empowerment can truly secure a national climate for scientific temper where no longer can people be vulnerable to exploitation in the name of godliness. As Tagore prayed to his Father, let us all do our two bits to ensure that the clear stream of reason is not lost in the dreary desert sand of Hisar!

The writer is an advocate practising in the Supreme Court and the Delhi High Court