Abstract:
Religious liberties in the current Indian scenario is indeed a boiling issue. Now one would wonder as to what is the extent of these liberties and where’s the endgame! Everything lies totally overly omnipresent nowadays. One fine example of an incident would be that of the former Congress government during its last reign, of doing a distinctive thing, they had filed an affidavit in the country’s apex court for Ram being merely a hypothetical character, but the beliefs and practices in today’s context are different.[1] Only if it was done today it would be tagged an insurgency. Not always pleasant to the ear chants revolving around mighty Ram ,Ram hain toh sab hai, jo ram ko layein hain hum unko layenge among other less frequent ones make buzz most of the time. The blinded vision of the folks could perhaps be the best proof we have of the ability to recover, can be seen on the site of greatest known human emotion of betrayal and faithlessness which can only dethrone such saints, sometimes known, perhaps flatteringly as it may be mongers. It is hoped that this critical analysis would inform the reader about the multifarious dynamics of the offered religious liberties and the perennially appearing Godmen. Ironically to understand the risks that this very phenomenon poses, it is necessary to examine it from a legal and historical standpoint. To attain peace and a suffering-less happy healthy life would mean getting baptized by Dhirendra in person.
Keywords: Witchcraft practices, Superstition, Incitement, Untouchability, Godman, Miraculous cures, Joshimath.
Introduction:
Hailing from the Chhatarpur district of Madhya Pradesh, head of the pilgrimage site Bagheshwar Dham, this 26 year old man claims to have oddest of all supernatural powers sure enough of healing every possible human ailment or distress, he is DHIRENDRA KRISHNA SHASHTRI, who likes to be bowed and affectionately called Baba Bagheshwar by his devoted followers. The peity this man spreads isn’t about God, rather glorification of his own skills of mind reading, so to say the disguised mentalist exploiting major religious liberties and creating communal imbalances. His declaration of being a country bumpkin has lured him with the ginormous number of followers currently. This is roughly around YouTube 4.96M[2], Facebook 230K, Instagram 370K and Twitter 126K combining all his social media presence (as of early May 2023), this clearly appears to have struck a chord with the audience despite our country being the one with such a stark rural-urban divide. This very narrator of Hindu religious tales first came into limelight in January 2023 and continues to draw media attention ever since. It is believed that Dhirendra is the heir to the family tradition of narrating Hindu tales, Shri Ram Katha to be precise. His grandfather did this, then his father followed and now it is him carrying it all forward tracing back since the age of 9 to be apt.[3] To make a splash many prominent figures marked their presence in his gathering naming a few A-listers would include Nitin Gadkari, Kapil Mishra, Hemant Biswa Sarma[4] and Kamal Nath too with Jyotiraditya Scinidia getting himself named as well. Kapil Mishra being vocal of all things disruptive to the united thoughts comes as a no brainer and all his contributions ease Baba with his speeches.
As famously opined by Karl Marx, that Religion is the opium of the mass, it definitely adds up to our sufferings today. The Marxist theory counter explains the aforementioned statement that religion continues to exist in this world because of the oppressive social conditions. Marx argued that the day the working class gets past this stupefaction, every exploitative conditions shall be destroyed hence making religion unnecessary.
When talking of all things Godly and Religious Liberties offered, one must recall of Raja Ravi Verma – the man who is believed to be the initiator of all these modern day bogusness. This mega painter combined India iconographs with western methods hence giving every house today a picture of their very beloved god. The Indian mythology is believed to have gained flesh and blood which feeds many by the 2000 paintings he gave us before dying.
Research methodology:
This paper is an analytical piece. The in depth study of this article revolves majorly around Dhirendra Shashtri, his deeds and sayings and the implied legal provisions. The sources of information used for the research were the particulars available online, the video evidences,outrageous or inclined media coverage, newspapers, magazines.
Review of literature:
While going through various pieces available online, there was a clear notion of non adherence to his preaching. The fact that such incidents have been repeated for ages now was repetitive. The impact of such articles on the common man is majorly neutral, as the percentage following to those criticising have a clear war. Avoiding the questions is his way of answers.
Legal provisions relating to Religious Liberties:
The concept of Religious Liberties is very well enshrined in the Constitution of India. Articles 23-30 govern the religious liberties. While chapter XV, IPC more precisely section 295A, 296, 297, 298 deal with the punishment for the same. As per the Directive Principles of State Policy (hereafter DPSPs) act as a guideline to the State when coming up with formation of new law or policies for that matter. This ensures no State compulsion over the people. Adding to these is the Right to Freedom of Religion which provides us with the freedom of following any religion, to attend any religious ceremony and to pay taxes in order to preach the same. It also provides that no individual shall be forced for the above mentioned particulars. Also Article 51A of the Indian Constitution, brought about by the 42nd Constitutional Amendment Act is the concept of Fundamental Duties, states that the citizens shall have certain duties towards the State. The one concerning with our topic here is 51A (h), encouraging to develop a scientific temper, reform, humanism and spirit of inquiry. The temperament desired is a marker or for as it does a tocsin, that we should indeed develop a sense of reasoning for anything told or commanded by people like Dhirendra, but the situation on the ground paints a different picture as most of the followers coming from humble grounds, potentially makes it easier for Bagheshwar and company to intimidate them and not report any misconducts taking place out in the limelight making everything a state of oblivion from the outside certainly. Article 38, of the Indian Constitution directs for the State’s endeavour to strive for the achievement of a society devoid of certain privileges, income inequalities within people or even groups for that matter.
Accusations:
- Anti-minority statements:
Dhirendra has been vocal enough of him being respectful towards other religions, but accepting nothing against his own, for the former part being totally untrue. As the sabhas he organises portray a different picture all together. Different videos available indicate towards a direct incitement. Another controversy that he fumed was during the release of Paathan, Bollywood’s megastar Shahrukh Khan starer blockbuster, wherein in one of his sabhas he directed or rather urged his attendees for the total boycott of the film as it has a non-sanatan actor in it’s lead. He continues to destroy peace and harmony without hesitation. With such immensity of time devoted largely to hamper people’s notion of coexistence and interdependence lie stringent laws. Urging people to vote on the basis of religion has a been his constant thing. All this shows a sense of superiority and demeaning other sects, religion and also castes.
- Practicing Untouchability:
In a January 2022 event, while the devotee Jeevan stood before him and narrated his problems, took a leap and tried touching Baba’s feet, he erupts and says, we don’t touch untouchables and you shouldn’t touch us too. This action of his brought the controversies alongside as well, looks like Baba enjoys them anyways. Under Article 17 of the Indian Constitution, one practicing Untouchability in any of its form shall be held and is punishable and prohibition of Untouchability is sought. Baba could’ve been booked for such an act sensing which he later released a clarification to the rapidly circulating footage calling all those a planned propaganda to malign him. In the notable case of People’s Union for Democratic Rights v UOI[5], it is the State’s legal obligation to ensure that Article 17 isn’t violated. Other important provisions present in order to maintain peace in the society include The Untouchability Offences Act, 1955 wherein there isn’t any pardon granted upon the execution of such an act amounting the criminal offence and if proved to be guilty, a sentence of 6 months or fine of 5000 or both could be imposed. Another most prominent one includes, The SC, ST Prevention of Atrocities Act, 1989 which provides remarkable assistance to the victims with provisions of establishing special court and special police force for surveillance.
- Spread of superstition and witchcraft practices:
When it comes to Baba Bagheswar, the spread of superstition and witchcraft practices mark a connection. He has been heavily criticised for promoting superstitious practices. Then came Mr. Shyam Manav in the picture. Mr. Manav, based in Maharastra, is the founder of All India Superstition Eradication Committee and is working tirelessly for about 40 years now in order to achieve a superstition eradicated society. The controversy erupted when Mr. Manav challenged Baba to prove his miraculous healing claims as said in the Nagpur gathering offering a whopping 3 million INR failing which a case would be registered under the State’s Anti Superstition and Black Magic Act. Initially accepting the challenge Baba and his devotees made major comments, but later Dhirendra chickened out and left Nagpur cutting short the session off two days. As a result the said case got registered. In retaliation despite executing the challenge, him and the devotees turned threatening. Reports of Manav receiving death threats surfaced to which state offered and increased his security. The rationalist and superstition eradication worker stresses even more that his presence is cause for alarm.
Prominent state laws and enactments tackling superstitious practices
To begin with, as per the study conducted by the NCRB, the top three superstition crippled states were Andhra Pradesh, Orissa and Jharkhand reporting a significant death toll annually. A very vital reason propounded for such a figure is that, witchcraft practices are often seen in the areas with dominant tribal population, and the above mentioned states depict such a demographic dominance.The support and turnout in the organized sabhas has been observed to be quite different from any elsewhere. Another marker of such crimes is that we as an economy are a developing one, certain basic amenities namely quality education, sanitation, childcare and education aren’t easily accessible which become the loopholes to people like Baba Bagheshwar Dham to blossom.
- Hindu nationalism:
Single handedly the most used words in his sabhas could be narrowed down to Sanatan dharm, Hindu rastra and things similar. Now this obviously is viewed under two broad heads one the pro, and the other against. Taking note of the religious liberties offered by the State such allaying acts or speeches spewed by Bagheshwar points directly at spread of Hindu Nationalism. Religious chants not chanted, rather hurled by him have their evidences. This in turn acts as the propulsion of communal hatred in his devotees and followers. It is worth mentioning his statement made recently, that Spirituality starts where Science ends.
His assemblies are also an excellent place to bring up aspiring DHIRENDRA KRISHNA SHASHTRIS and master’s yipping continues alongside.
- Illegal land acquisitions:
As people say, behind lies places of mystery and darkness, so is Dhirendra’s expanding empire. People standing in such great assemblies have all to offer and restrict none, for the ones who don’t commination is the alternative, so does the saint. He patrols a remarkable territory of almost acres, rides sports bikes or used to, travels in private jets and flies frequently. It’s here where all the mighty business is carried out undisturbed. He is decked up with almost every luxurious thing known to man, some he owns while others are fondly offered. There have been reported instances of pressurizing pity people in giving out their lands. Genrally local farmers, established blooming businessmen often fall prey.
- Joshimath issue:
Many vocal critics have raised questions on Baba’s miraculous claims. His divine powers were the hot talk when Shankaracharya made strong comments. “If he has such a divine power, he must mend up the cracks in the Joshimath houses, people would stop evacuating their ancestral homes”. Joshimath for the matter of concern is a sinking Himalayan town in Uttrakhand. Ever since January 2023 almost 10,000 prominent cases of cracks, faulty ceilings and beams, dislodged beams has been reported. It in itself makes a valid enough plea before Dhirendra to suggest some solution or rather pronounce his healing chants over the residents there as losing a home is far more painful than human capacity especially for the rural bunch residing there.[6]
Recent issues:
The five day congregation to be held in Bihar’s capital commencing from May 13 has led to a serious political uproar. Numerous cases have been filed in the state one of which being against Dhirendra, of his claim being the incarnation of Hindu god Hanumana. To quote state’s education minister Prof Chandrashekhar’s words “Advani had gone to jail and so will others”.
Claiming his supernatural powers, Baba targets Congress of its past governments of their policies, diplomacy and their present scenario and also talks of their fate lying ahead. It would be no surprise if he predicts the upcoming 2024 General Elections result all by the mighty Hanuman’s grace showered onto him.
From calling TV media worth two pennies, to reciting fabricated history Dhirendra publicity gimmicks continue. This points that the relationship between media and him is not always harmonious, some give him conform coverage while others squabble, while his million strong army applauds.
Criticisms:
The lurid tales spread among the gullible masses brought him the obvious criticism as well. The controversy and the breathless media coverage – with one mainstream reporter kneeling at his feet and promoting his claims of healing the sick and ability to read people’s minds – have only added to his popularity.[7] Dignified personalities such as Jyotiraditya Scindia, the sitting Union Minister of Civil Aviation, bowing before him and seeking blessings makes no sense or his degree from Stanford and Harvard Universities is all debris.
Flooded with questions he remains largely silent, seemingly empty of answers of any kind. When a fellow mentalist and illusionist, Suhani Shah, 32 cleared the air as to what actually is it all about and that mind reading is no divine power, she was brutally abused online. In response to the queries raised, all he does is refuse with pride. It could be so that one fine day he could venture to the moon without any scientific expertise and voila that too would be labelled a MIRACLE.
Suggestions:
The case of Bageshwar Dham Sarkar is one of the many other organized orthodox religious intolerant groups and its rise in a country, with a vision to be a secular nation where each individual can practice the religion of choice freely, is increasing exceptionally in recent years. While, with gradual passage of time our country should have led an advanced future, but the biggest democracy is still lingering on religion in order to strengthen its political grips with whitewashing common people by false hopes of making their life better. These propagandas are also increasing the number of criminal activities in the name of saving their religion, in such an odd time, the Justicial body of the country should take suo moto action in curbing such intolerances and cheating. The government should dilute the pro Hindu propagandas to attract votes, increase voters turnout, fix vote bank in exchange of gross violations of law and natural justice in grass-root level. Provisions are needed to curb such organizations who are claiming to be Godly representatives or gurus and exploiting the religion for nothing but filling their own treasuries. People should develop a sense of questioning towards such false teachings and be aware of all these foolishness to attain ‘moksha’. The hail and honour he receives must also be kept in mind.
Another effective step can come from the Election Commission. Any political favouritism should be barred at the very initiation. The main artery which connects these organizations and babas with power concentrations is the government, though the election rules clearly state that religion cannot be a yardstick for promotion of political parties, still they use the ever blossoming organizations to indirectly promote personal interests covered under the shield of religious propagandas, making the EC a deaf ear body to ongoing activities, ultimately all of needs to be checked which to curb such organizations in order to achieve a bigger better picture, helping mankind cherish life and oneness.
The other monitoring authorities could also keep a check when handling such mega donations received by such babas. The transactions should be traced. Proper inquiry and strict interrogations should be carried out before they manage to flee seeking the loopholes in watchdog authorities. There have been numerous instances where similar people have fled probe on majorly unjust grounds. Many a times they manage to escape from the IT raids as well. The Parliament could frame laws for the complete eradication.
Conclusion:
There is an evident lack of coordination between the present state enactments and the Indian Penal Code when it comes to the Witchcraft practices. Silence and mystery lurk around on such issues. The audacity of practicing Untouchability before such a huge gathering shows as to how deep the roots of caste system are present in our Indian society.[8] Looking unharmed of numerous FIRs lodged pan India doesn’t affect Dhirendra it seems.
Regardless, the popularity and blind faith has more than doubled and is growing with each passing day. Yet people do have astonishing ability to recover when made aware of the real motive. Dhirendra’s ultimate aim is BLESSINGS- grab and go, don’t question any sort of forthcoming miracles. Only he had such miraculous divine elixirs, he could eradicate poverty and illiteracy stricken nation in just a snap with the enchanting words and gestures. Until then all we do is wait around and see whether he takes notice or be very patient. It could be so that he fails altogether or our endless wait lasts forever.
Saumya Shikha,
VI Semester,
Jogesh Chandra Chaudhuri Law College,
Kolkata.
[1] Mahapatra / TNN / Sep 13, D. (2007) No historical proof of RAM, centre tells sc: India News – Times of India, The Times of India. Available at: https://timesofindia.indiatimes.com/india/no-historical-proof-of-ram-centre-tells-sc/articleshow/2363595.cms (Accessed: 11 May 2023).
[2] Bageshwar Dham Sarkar (no date) YouTube. Available at: https://www.youtube.com/@BageshwarDhamSarkar (Accessed: 11 May 2023).
[3] Bageshwar Dham Sarkar (Dhirendra Krishna Shastri) age, family, Biography & More ” starsunfolded (2023) StarsUnfolded. Available at: https://starsunfolded.com/dhirendra-krishna-shastri/ (Accessed: 11 May 2023).
[4] Anurag Amitabh, R.T. (2023) बागेश्वर धाम बाबा से आशीर्वाद लेते दिखे एक और राज्य के मुख्यमंत्री, बढ़ रही ताकत!, India TV Hindi. Available at: https://www.indiatv.in/india/national/bageshwar-dham-baba-the-cm-of-another-state-was-seen-taking-blessings-from-dhirendra-krishna-shastri-2023-03-22-944188 (Accessed: 11 May 2023).
[5] People’s Union for Democratic Rights v UOI, 1982, 1982 AIR 1473, 1983 SCR (1) 456
[6] Bhatnagar, U. (2023) बागेश्वर बाबा को जोशीमठ के शंकराचार्य ने क्या चुनौती दे दी?, The Lallantop. Available at: https://www.thelallantop.com/news/post/bageshwar-baba-shankaracharya-swami-avimukteshwarananda-joshimath-challenge (Accessed: 11 May 2023).
[7] Pandey, G. (2023) Bageshwar Dham Sarkar: The Indian guru making headlines over ‘miracle’ cures, BBC News. Available at: https://www.bbc.com/news/world-asia-india-64480726 (Accessed: 11 May 2023).
[8] Patil, A. (2023) Abolition of untouchability (article 17) – Indian polity notes – prepp, prepp.com. Available at: https://prepp.in/news/e-492-abolition-of-untouchability-article-17-indian-polity-notes (Accessed: 11 May 2023).