PIL In Bombay High Court Seeks Rules Under Anti-Superstition Act After 'Godman' Ashok Kharat Case

Following the FIR against self-styled Godman Ashok Kharat accused of sexually exploiting women, a PIL has been filed in Bombay High Court, Kolhapur bench claiming 'ineffective' implementation of Maharashtra Prevention and Eradication of Human Sacrifice & other Inhuman, Evil & Aghori Practices & Black Magic Act 2013.

The Act is also known as the Anti-Superstition Act.

The petition has been filed by 11 members of the Maharashtra Andhashardha Nirmulan Samitee through advocate Asim Sarode.

The plea highlights the recent arrest of the self-styled Godman Kharat, who faces multiple FIRs for rape, cheating, and black magic and therefore, states that the incident necessitates and intensifies the demands for the effective implementation of the 'Rules' under the 2013 Act to protect vulnerable citizens from sexual and financial exploitation.

The petition also highlights that such practices of Godmen and Godwomen is not restricted to Hinduism alone but it also is involved in Islam and even in Christianity with Mulla, Maulavis and Fathers spreading blind faith across Maharashtra.

"There is continuous grave danger of various such fraudulent 'Babas.' The Petitioners are of the clear views that there are such Babas, Mullahs, Fathers and such exploitative tendencies are in all religions in India. The legacy of Dr. Narendra Dabholkar remains unfulfilled as long as this Act of 2013 exists only on paper without the teeth provided by administrative Rules. To prevent further tragedies the Rules are required to be framed as it is an integral part of responsibility of the State and its other authorities," the plea stated.

Therefore, the plea seeks a directive to the State to forthwith frame the mandatory Rules under the 2013 Act for effective enforcement of the said Act.

"The issue is pertaining to all Godman in every religion. Despite the Anti-Superstition Act being passed in December 2013, the State has failed to frame the statutory Rules required for its enforcement. Without these Rules, there is no official roadmap for the rehabilitation of victims, no standard operating procedure for investigations, and no clear guidelines for the protection of those who come forward to report abuse. The absence of a robust implementation framework has allowed conmen to thrive by exploiting the fear and faith of the common public," the plea reads.

Citing Bharat's case, the plea states that the same is a "chilling example" as the investigation has revealed that elements of deep continued human exploitation, financial fraud, elements of inhuman, evil practices, black magic, drugs and magical remedies etc. though the main concentration by the police till date is on - fear and intimidation, sexual and financial exploitation.

"The Ashok Kharat case related police investigation has brought in light - sexual exploitation: as per recent information over 10 FIRs have been registered, including eight for alleged sexual assault and rape of women under the guise of 'spiritual rituals.' More FIRs are expected to be filed. Fear and Intimidation: Kharat allegedly used claims of divine powers and 'threats to family members' lives' to silence his victims and Financial Fraud: He reportedly built a ₹100-crore empire by charging exorbitant fees for astrology and 'miracle' cures," the plea points out.

The plea further highlights the numerous video footages pertaining to Kharat, wherein he is indulging in sexual acts with women and that such videos are all over the internet.

"Such videos are making it difficult for the women and girls to live with dignity and their image is being tarnished. On this background criminal cases are being filed against persons who are posting and circulating those videos on social media but rather than criminalising them such indecent video footage needs to be removed from all social media platforms but unfortunately the Respondents are not taking any steps to victimisation of such victim women," the petition underlines.

"The authorities need to have serious response to the said Anti-Superstition Law and shall establish 'functional Anti-Superstition Cells' at every police station in Maharashtra. So that the people in the State have officers who are trained to handle such sensitive cases ensuring effectiveness and provide secure, fear free life to all," the plea states.

The plea therefore prays for immediate appointment and training of Vigilance Officers in every district, specifically trained to handle cases involving the sexual exploitation of women under the guise of spiritual rituals. It also seeks a 'Victim Protection Protocol' within the Rules to ensure that survivors of 'Godmen like those in the Kharat case, receive immediate psychological counselling, legal aid, and protection from intimidation.

A further directive is sought to delete the videos of women and girls with Kharat from all the social media platforms. Also, the plea seeks trying of cases under the Anti-Superstition Act in Special Courts.

Lastly, the plea seeks a directive to the State to launch a State-wide Awareness Campaign (as envisioned in the said Anti-Superstition Act's preamble) to educate the public about the fraudulent tactics used by self-styled Babas to prevent further social and financial exploitation.

The matter will be heard in due course.