ABSTRACT
For every good force in nature, there exists an evil force as echoed by all of the sacred scriptures in the world. One such practice is called black magic. This practice has been followed by many cultures and societies around the world for centuries out of ignorance and religious belief. Due to the increasing focus on scientific understanding and technological advancement, it has been declared illegal in India. However, despite legal restrictions, some cultures and sects continue to engage in black magic with harmful intent.
The practices related to black magic like physical harm, and mental hypnosis, human and animal sacrifices violate the very basic human rights and are violative of the fundamental articles of our constitution thereby also disregarding the fundamental duty to establish a scientific temper. These activities often stem from illiteracy, extremism, and a misogynistic mindset in society, leading to a disproportionate impact on the women who suffer as victims of “witchcraft”. This research paper aims to analyze the various state legislations in the country and assess their efficacy in addressing crimes associated with black magic and advocates for implementing centralized law to criminalize such practices.
KEYWORDS
Black magic, human sacrifice, superstitions, centralized legislation
INTRODUCTION
In the book ‘Discovery of India’ Pandit Jawaharlal Nehru introduced the term- Scientific temper The NCRB, in its 2021 report on crimes in India, reported six deaths from human sacrifice, while 68 innocent people were killed due to witchcraft practices. However, the 2022 report shows a concerning trend. Instead of a reduction in such inhumane killings, the total deaths reported in the country due to witchcraft have reached 85.
The state of Chhattisgarh reported the maximum number of cases in both years, with 20 cases in 2021 and 25 in 2022, followed by Madhya Pradesh, which reported 18 cases in 2021 and 20 cases in 2022. The deaths due to evil practices like black magic, superstitious rituals that compromise the lives of individuals, and inhumane practices based on religion in the country are a serious concern. The central government has ignored this issue in the past due to fear of dissent from religious groups and orthodox communities. India still does not have centralized legislation for criminalizing such practices. Although a few states have enacted legislation to penalize these evils, they are nowhere sufficient to address this growing problem.
One notable example is Maharashtra, where the enactment of the Maharashtra Black Magic Prevention Act unfolded like a dramatic movie, complete with its own plot twists and turns. The architect of this act, Narendra Dabholkar, tragically lost his life in the struggle to eradicate superstitious beliefs in the state. It was only after this incident that the government became proactive in passing the act.
This research paper sheds light on the necessity to have a centralized legislation to criminalize such practices. It will analyse different state laws and the challenges they face, with a specific focus on Maharashtra. Additionally, the paper will put forth the authors’ recommendations for such centralised legislation.
RESEARCH METHODOLOGY
The author relies on secondary research and gathers information from a variety of sources such as books focused on the eradication of harmful beliefs prevalent in society, NCRB reports, and online material The research method employed in the paper is qualitative research which aims to explore the relationship between religion, superstition, and scientific temperament, as well as the impact of gender.
REVIEW OF LITERATURE
- Constitutional Provisions.
The Indian Constitution ensures freedom to practice the religion of one’s choice and express their beliefs. However, in some cases, these expressions and beliefs can become narrow-minded. People holding onto blind faith and engaging in religious practices leads to encroaching upon fundamental human rights, denying others in he society the grace of living with dignity and respect.
Black magic, rooted in superstition and often entwined with discriminatory beliefs, especially against women and communities from lower castes, violates multiple fundamental rights enshrined in the Indian Constitution. Firstly, by targeting individuals based on factors like caste, religion, or gender, it undermines the principle of equality guaranteed by Article 14, perpetuating social hierarchies and discrimination. Secondly, its association with caste-based practices or religious beliefs often leads to discrimination against certain groups, violating the rights outlined in Article 15. Moreover, black magic can result in physical harm, mental anguish, and social stigma, infringing upon the right to live peacefully safeguarded in Article 21. Whether through direct physical harm, mental distress, or societal marginalization, black magic and superstitious practices encroach upon the core principles of equality, non-discrimination, and individual well-being embedded within the Indian Constitution.
- Clashes with religious views
States that have attempted to pass anti-superstitious acts have consistently faced opposition from religious groups and leaders. These forces argue that such acts impede their right to practice and propagate religion freely and perceive them as anti-religious or anti-Hindu. Due to a lack of awareness about the laws, certain segments of society view these laws as conflicting with cultural rights, despite their aim to curb harmful practices rooted in superstition and black magic.
Article 25 of the Indian Constitution guarantees every citizen right to practice and propagate their religion. A lot of superstitious practices and rituals have their roots in religious beliefs and traditional customs and therefore are ingrained in people’s minds. Anti-superstition laws might be seen as violating religious rights by limiting or making certain religious rituals and practices considered superstitious into crimes. Religious organizations argue that the government is going too far by getting involved in their religious practices, which they consider a crucial part of their faith and identity. Religion is a sensitive topic in a country like India, so these laws are often regarded as undermining religious autonomy to interpret and practice one’s faith.
Articles 29 and 30 protect cultural and linguistic minorities rights to preserve their culture. Many superstitious practices are part of longstanding cultural traditions. Anti-superstition laws may be seen as an attempt to erode these cultural practices, leading to a perceived threat to cultural identity and heritage.
Cultural and religious minorities feel targeted by anti-superstition laws if their traditional practices are labeled as superstitious. This leads to a sense of marginalization and a perception that their cultural rights are being curtailed in favor of majority norms. The draft has faced criticism for being perceived as being anti-Hinduism and against religion. Additionally, legislation needs to clearly define the fine line between faith and superstition. Anti-superstitious laws do not aim to tarnish any religion or practice but focus on the fraudulent activities certain individuals carry out in the name of faith.
One of the notable instances can be seen in the state of Maharashtra, where there was significant opposition to the passing of the anti-superstition act, notably from the Warkari sect, the Art of Living Foundation, and Ganesh Mandal who called the bill, which is now an act, was anti-religious and was a direct attack of their basic constitutional right of freedom of religious expression. In response to this opposition, social activist and drafter of the act Narendra Dabholkar, clarified that the legislation did not stop people from creating miracles, its specific intent and purpose is to penalize fraudulent practices. Making a clear distinction between criminalizing the performance of miracles and criminalizing individuals who fraudulently claim to perform miracles to deceive others was the key to gaining support for the bill from the Warkari sect. In response to claims that the bill is anti-religious, Dabholkar clarified that it was not enacted to dilute any ritual or belief in certain supernatural beings and was not against Indian culture and a weapon of the western world.
While anti-superstition laws aim to protect individuals from harm and promote rational thinking, they must be carefully balanced with respect for religious and cultural freedoms. These activities promote irrationality, undermine fundamental rights, and encourage harmful behaviours, thereby perpetuating violence and suffering. The challenge lies in distinguishing between harmful practices that deserve regulation and benign cultural or religious practices that should be protected. This balance is crucial to ensuring that the enforcement of such laws does not unjustly infringe upon fundamental rights and freedoms guaranteed by the Constitution.
- Remedies under the Indian Legal system and other existing legislations.
In parts of India lacking specific legislation addressing the practice of black magic, individuals hold the right to file a First Information Report under Section 154 of the Criminal Procedure Code to report instances of black magic, prompting law enforcement to conduct an investigation.
In the context of the definition of section 508 if IPC, “Inducement by Divine Displeasure” refers to a method of inducement wherein the victim is led to believe that they or a person they hold in high regard will suffer divine displeasure unless they comply.
This section specifically states that if any act done due to fear of god or goddess, then it will constitute an offence. It is used to address the cases related to black magic in states where there are no actual provisions to deal with the issue and is highly relevant to anti-superstition laws as it directly addresses the use of threats involving divine displeasure to manipulate or control individuals. This is common in various superstitious practices and black magic, where practitioners often exploit the fear of divine wrath to coerce victims into compliance. By criminalizing such acts, Section 508 helps to curb the harmful impact of superstition and protect individuals from being exploited based on irrational fears.
Anyone found guilty of committing homicide through human sacrifice face penalties according to section 302 of the IPC for murder, section 307 for attempted murder, or section 308 for abetting a suicide. The punishment for murder is death penalty or imprisonment for life and or a monetary penalty as well. Moreover, an individual who deceitfully leads others to believe something false can be charged with fraud. even if there are no specific regulations to address a particular situation, action can still be taken against an individual under the IPC while reporting the offense. The Juvenile Justice (Care and Protection of Children) Act, 2015 laws aim to safeguard children from harmful practices stemming from superstition or irrational beliefs. These laws provide protection against the abuse carried out in the name of divine sacrifice which may be emotional or physical in nature.
Laws regarding the protection of animals can be invoked in cases involving rituals that include animal sacrifice. The Consumer Protection Act of 2019, alongside its accompanying regulations, serves as a shield for individuals who fall victim to exploitation or fraudulence due to misleading assertions rooted in superstition or irrational beliefs. It offers avenues for recourse in situations in which people are misled or pressured to buy certain goods under the guise of superstitious claims.
METHODOLOGY
- The Heroic Case of Maharashtra
The Maharashtra’s Black Magic Prevention Act of 2013 is a legislative measure specific to Maharashtra, India, designed to combat various superstitious practices. Originally conceptualized by anti-superstition activist Mr. Narendra Dabholkar, who is also the founder of Maharashtra Andhashraddha Nirmoolan Samiti (MANS), the law targets activities like black magic, human and animal sacrifices, and the fraudulent selling of magical remedies for illnesses, among others.
This law, born out of Dabholkar’s efforts, underwent a series of modifications, notably narrowing down the list of prohibited practices. Its enactment on August 26, 2013, following Dabholkar’s tragic assassination, marked a significant step in Maharashtra’s legislative landscape. The legislation, presented in December 2013, extends its jurisdiction across the entire state.
The primary aim of the Act was to raise societal awareness and address prevalent superstitions and harmful practices. It sought to develop a safe and healthy society, shielding individuals from exploitation rooted in illiteracy, superstition, and ignorance. Specifically, the law aimed to root out human sacrifice and other inhumane acts, often perpetrated under the guise of supernatural powers or black magic, thereby preserving the fabric of society and preventing public exploitation.
The Act’s definition, as outlined in Section 2(1)(b), encompasses a broad spectrum of behaviours, including torture, fraud, terrorism, and false claims of supernatural abilities, among others. It also encompasses blaming individuals for diseases or misfortunes as a form of harassment. While acts such as cannibalism for divine enlightenment are already addressed in the Indian Penal Code Section, the state Act aims to criminalize any attempts or occurrences leading to such barbaric acts.
Due to various religious orthodox forces, the definition of superstition has become unclear. Over the years, the list of banned activities has been reduced to only 16 items, and many controversial rituals have been given a pass under 8 clauses of section 12 of the act, according to Shruti Tambe, an assistant professor of sociology at the University of Pune.”The current draft legislation is a much more lenient position,” she said. “We are dealing with a complex issue—determining what constitutes faith versus blind faith. There certainly seems to be a thin boundary between these two things..”
- Other states
- Karnataka- Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017 mirrors Maharashtra’s law, making sixteen harmful practices, including witchcraft, punishable. The Karnataka’s struggle to ratify the act demonstrates the reluctance of lawmakers to address the issue as it took 3 years for the bill to be ratified even though it was passed in November 2017 itself.
- Assam – The Guwahati High Court criticized the Assam government multiple times after which it enacted the Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015. This law is considered to be the strictest among all state laws, as it stipulates a ten-year maximum punishment in prison and a monetary fine which may extend to 1 lakh rupees. Special courts are required to conclude trials within a year, and victims are guaranteed rehabilitation and compensation. The trials must be concluded within one year for which special courts have been created within the act which also guarantees for victims rehabilitation and compensation for physical and mental trauma.
- Kerala-Advertisement, promotion, and commercialization of black magic is punished under the Kerala black magic act 2018 which also criminalizes the practice of black magic under section 3 of the act. The maximum punishment for an offense under the act attracts five years of imprisonment and 10 lakh Rs. Fine.
- Chhattisgarh- Chhattisgarh’s 2005 law is a modest step forward as under it, the practice of witchcraft is treated as a gender-neutral offense for which the maximum imprisonment can be five years depending on the circumstances and gravity of the crime. The Rajasthan’s act on the other hand which was enacted in 2015 stipulates penalties of a minimum of three and maximum five years of imprisonment, along with ₹50,000 Rs fine.
- In Odisha, the absence of a law addressing witchcraft-related violence persisted until 2012 when activist Sashiprave Bindhani’s petition prompted the High Court to intervene. The court directed the state to draft and implement legislation within a year. Following this, Odisha introduced a law largely resembling Bihar’s statute. This law stipulates three years imprisonment and a fine of 5000 Rs. as a penalty. However, it mistakenly characterizes witchcraft as a crime specific to gender, despite instances of men also falling victim to suspicion and violence.
- Bihar- Bihar made history in 1999 by becoming the pioneer state to implement legislation addressing witchcraft-related violence. Jharkhand subsequently adopted this law word for word in 2001. With just eight sections, the law prescribes punishments only up to three years which is considered lenient when compared to other state laws, accompanied by a fine of ₹1,000 to ₹2,000. However, the efficacy of this legislation has been questioned, prompting the Jharkhand High Court to intervene. On August 1, 2023, the court ordered the state government to submit a detailed report outlining the measures undertaken to combat this pressing issue, highlighting the gravity of the situation.
- Failed attempts for centralized legislation?
The environment of illiteracy and ignorance becomes a soil bed for irrational beliefs to thrive damaging the society at large. Superstitious beliefs and practices hinder societal progress, thereby conflicting with the ideas of societal cohesion and harmony. In the case of Jitu Murmu, The Odisha High Court observed: “The absence of a central legislation has resulted in a lack of uniformity in the application across the country.” A central law is necessary to eliminate inconsistencies in definitions, objectives, and punishments. However, for unexplained reasons, the bill never progressed. In order to understand the importance of centralized unitary legislation to combat such beliefs in India, we must consider two aspects. First, the gravity of the problem at the grassroots level, and second, the government machinery’s reluctance to address it.
Gravity of the problem- In Jharkhand’s Gumla district, Salo Devi, a 58-year-old woman, fell victim to a brutal attack, resulting in her death, while her family members sustained severe injuries. Villagers suspected her of being a witch, attributing her to the prolonged illness of an infant daughter from the community. Rajasthan’s Ajmer district in a separate incident just a week later witnessed a horrifying event, a 22-year-old young woman faced horrific torture by her in-laws. They accused her of witchcraft and subjected her to barbaric acts, including the chopping off of her hair and torture with scorching stones, tar, and charcoal.
Similarly, in West Bengal’s Sainthia police district, an elderly tribal couple Mr. Pandu Hembram and his wife Parbati, met a tragic fate due to suspicions of witchcraft. Adding to the grim narrative, in Chhattisgarh’s Durg town, Mamta Nishad endured excruciating pain as her in-laws forced her to undergo a harrowing ordeal to prove her innocence. Mamta was forced to walk on rusted iron nails and several more times on burning coal all in an attempt to dispel allegations of black magic.
A total of 4556 cases were registered during the span of 5 years from 2015 to 2020 under the Prevention of Witch Practices Act in Jharkhand which equals to more than two cases a day. The reluctance of the Government has been quite obvious due to the fear of losing vote share from the communities that voice their opinions against such bills. Even after the occurrence of such events, the bills that passed are water-downed to appease these communities
- Challenges in Implementation
States have the freedom to create and modify their own criminal laws since law and order is within the jurisdiction of each state. However, the effectiveness of state laws regarding superstition is uncertain because many people are unaware or may be hesitant to report incidents of black magic due to fear of being boycotted from their community. This has led to the continued prevalence of inhumane animal sacrifices and human sacrifice practices in some parts of the country, despite the existence of laws in 8 states. Additionally, there are concerns about the enforcement of black magic laws, as Corruption, lack of political will to enforce the law, and religious bias among officers is prevalent among rural areas.
In the states of Maharashtra and Karnataka, provisions exist for the appointment of a special investigating officer known as the vigilance officer. Section 5 of the Maharashtra black magic prevention act states that – “act empowers the state to establish the role of a “vigilance officer,” who must hold the rank of a police inspector. Who will be responsible for the following:
1. Detecting violations of any offense under this act, preventing the contravention of the specified rules, and reporting cases to the nearest police station.
2. Ensuring prompt and efficient trials.
3. Providing advice and guidance.
4. Gathering evidence for investigations.”
However, the education and training of such officers to handle such cases is lacking in both the laws, which can lead to chaos and incompetence in handling such serious matters. The state machinery must show more seriousness to stop such behaviors for which enthusiastic implementation and enforcement are required.
Recommendations and suggestions by the Author.
- Penalties and punishment: The inconsistencies between states in punishing the crime are astonishing. The same crime which can result in a 10-year punishment in Assam can lead to merely a year’s worth of imprisonment in Bihar. Thus, these inconsistencies must be addressed, and harsher and stricter punishments should be crafted to ingrain a sense of accountability in society. The vigilant officers in Maharashtra and Karnataka state acts must be trained and educated to deal with these kinds of crimes without their own biases. This system must also be adopted by the other states.
- Lacunae: Many times, due to opposition from various religious groups and organizations, the definitions in the acts are often diluted to keep all sections of society happy and satisfied. Many things which should have been criminalized are added to exceptions in the act, thus there is a need for more inclusive definitions to punish crimes in all spectrums of gravity and intensity.”
CONCLUSION
There is a desperate need for a unified central law, which can be called as “prevention of superstition and black magic practices”, encompassing all states and taking all such cases under its ambit to provide equal justice for all the victims of such heinous practices. The act must not only focus on penalization but also the prevention of such practices, along with education and advocacy efforts, especially among the rural parts of the country. Additional provisions must be crafted to guide the rehabilitation of the victims of such grave violence, helping them to reintegrate into society as functioning individuals without their past trauma. A toll-free number must be established specifically to deal with these crimes along with a dedicated department in every state with specialized officers.
SUBMITTED BY–
ANGEL SACHIN BHOSALE
B.B.A LL. B (HONS.) II YEAR (IV SEMESTER)
UNIVERSITY OF MUMBAI LAW ACADEMY, MUMBAI UNIVERSITY