Whole of India needs anti-superstition law
State laws have been ineffective; Maharashtra hurriedly approves
Ordinance to curb black magic and human sacrifice
Last Updated: Saturday 04 July 2015
In 21st century India, many people in rural as
well as urban areas, would still rather consult a tantrik or an astrologer to
cure their illnesses instead of approaching a doctor qualified for the job. In
spite of the wide prevalence of superstition and irrational religious
practices, including black magic, only three states have laws intended to deal
with the social problem.
Bihar, Jharkhand and Chhattisgarh have enacted laws to restrict witchcraft. But
these pieces of legislation have in no way helped to curb irrational beliefs
and practices. A Dehradun-based organisation, Rural Litigation and Entitlement
Kendra (RLEK), had filed a public interest petition in the Supreme Court in
2010 for proper implementation of these Acts. The petition claimed that more
than 2,500 Indian women have been killed in the name of witchcraft in 15 years.
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The murder of renowned rationalist
Narendra Dabholkar is an attack on the Constitution of India and the
principles enshrined in it
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Rationalist Narendra Dabholkar's
murder is a reminder that social conditions give rise to irrationality and
those who perpetuate existing inequities will go to any lengths to preserve
their dominance
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Chairperson of
RLEK, Awadhesh Kaushal, says there is need for a strict national law which can
stop black magic and witchcraft. Every state needs such an Act, he says. The
most disturbing and least resisted forms of gender violence are taking place on
the name of witch-hunts and witch-trials in many states, he says, while adding
that the forms of violence includes torture, assault and rape.
Kaushal contends that the existing laws in the three states have failed to
achieve their goal that includes protection of women. These laws have provision
of imprisonment for three months and Rs 1,000 penalty. “This is not enough to
deter people from engaging in superstitious practices,” he says. “If such
practices result in loss of life, then it should be treated as a case of murder
under the Indian Penal Code. Only stringent laws can yield results,” he adds.
The Supreme Court, however, rejected the petition, informs Minakshi Arora, the
lawyer who represented RLEK in the case.
A study—Report on Awareness & advocacy campaign against women’s
exploitation in the name of witchcraft and land entitlement—claims that a total
of 452 women have been brutally killed in Jharkhand from 2001 to 2008 in the
name of witchcraft. The report was prepared by NGO Association for Social and
Human Activities.
In June this year, the National Commission for Women (NCW) also emphasised on
the need for a law which can curb violence against women in the name of black
magic and witchcraft.
Maharashtra’s delayed action
The Maharashtra government, which has been
delaying the enactment of the Maharashtra Prevention and Eradication of Human
Sacrifice and other Inhuman Evil Practices and Black Magic Bill, meanwhile,
hurriedly approved the anti-superstition and black magic Ordinance on
Wednesday. The state Cabinet approved the Ordinance and forwarded it the
governor for his signature. The Ordinance was in reaction to the killing of
rationalist Narendra Dabholkar on August 20. The doctor had championed
the anti- superstition Bill from the beginning. The Bill has been pending in
the state legislature since 2005.
Dabholkar had established Andhashraddha
Nirmoolan Samiti (ANS) to fight superstition in society. Deepak J Girme of ANS
says the state law to curb human sacrifice and black magic should have been
enacted long ago. “They kept the Bill pending on the pretext of amendments,” he
says.
The Bill was first proposed in 1998 and passed
in the Legislative Assembly in 2005, “but the so called intellectuals who sit
in the legislative council kept the Bill on hold,” he alleges.
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What the Maharashtra
Ordinance says
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The Ordinance approved by the
Maharashtra Cabinet has 12 sections that spell out the crimes under the
law. It provides for imprisonment of six months to seven years and fine of
up to Rs 50,000. The crimes described in the Ordinance are as follows:
1. Physical assault,
torture, burning shocks, forcing a person to eat faecal matter in the name
of driving out evil spirits or ghosts from the person’s body
2. Cheating somebody
on the name of miracles
3. Any sinister
(aghori) practice which endangers life or causes fatal injuries.
4. Claims by persons
of having supernatural powers and causing fear in the minds of others to
cheat them
5. To perform Karni,
Bhanamati rituals and claiming possession of supernatural powers or
advertising such claim
6. To promise a woman
that she will get child by claiming to possess supernatural powers or force
her to have physical relations by claiming to be her spouse in previous
birth
7. To exploit mentally
ill patients by claiming to possess supernatural powers
8. To oppose
scientific medical treatment and to coerce a person to accept aghori
rituals when bitten by snake or dog or if the person is ill with cancer or
other diseases
9. Claims of
performing surgery with fingers. Claims of guaranteeing birth of child of
desired gender
10. To isolate or
punish someone by claiming he or she practices witchcraft or possesses evil
power
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