ANTI SUPERSTITION AND BLACK MAGIC ACT

Anti Superstition And Black Magic Act

B.A.L.L.B(Hons)
Roll No-36

ABSTRACT
Superstition is a belief that is not backed by scientific evidence. It is irrational faith in something without a proper explanation. Superstitions are rampant in India and have claimed many lives over the years.
The Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Bill 2013 is the first of its kind in India and was passed on 18th December, 2013.
The bill was first drafted by social activist and rationalist Narendra Dabholkar in 2003. The bill faced heavy criticism and cost Dabholkar his life. He was shot dead by unknown assailants in August, 2013, nearly 4 months before the bill was passed.
The Anti- Superstition Act is the first of its kind in the country and has been dealing with superstition effectively since its implementation last year. Other states such as Karnataka and Assam are also contemplating an Anti -Superstition Bill.
This article provides the meaning and causes of superstition. It also discusses the history of the anti- superstition act in Maharashtra, its scope, limitations and subject matter

KEYWORDS
Superstition, Maharashtra, anti- superstition bill, Narendra Dabholkar, black magic, blind faith, Maharashtra Andhashraddha Nirmoolan Samiti (MANS)

INTRODUCTION
The word superstition can be defined as a belief in something that cannot be justified by fact or evidence. Superstitions are usually associated with religion and are based on the fear of the unknown. A superstitious individual is someone who believes in omens, auspicious and inauspicious times, astrology and rituals to ward off evil or bring blessings.
Superstition is a worldwide phenomenon. However India in particular is home to several bizarre superstitions that continue to be passed down from generation to generation. Irrational practices such as animal sacrifices, witch hunting and black magic have been around for centuries and have claimed several innocent lives.
Superstitions are a hindrance in our path to a healthy society. The anti-superstition and black magic act is the first step in the long and tedious process of eradicating irrational beliefs and practices that have infested the society and threaten to bring its progress to a standstill.
The anti- superstition and black magic act, initially known as the Jadu Tona Andhshradha Virodhi bill of 2003 was the first bill of its kind in the country and was drafted by social activist and rationalist Narendra Dabholkar . The bill faced heavy criticism from various political parties like the Bharatiya Janata Party (BJP) and the Shiv Sena . They opposed it claiming that it would have an adverse effect on the Hindu religion. The draft was passed by the state government and sent to the union government. However, the bill was not presented in the legislature. After a ten year struggle, the bill was finally passed by the Maharashtra legislative council on 18 December, 2013.
The act is important because it is necessary to create awareness in the society to provide a healthy and safe social environment in order to protect the poor and ignorant people against the evil and sinister practices and customs thriving on blind faith, beliefs and ignorance. However, that the present bill recognizes the fact that it is not just the poor and the ignorant who can be victims of tantriks and babas but also the people of the upper classes that may be affected. It also wishes to avoid opposition over the usage of the words God’s men and in the name of God because practices and rituals practiced in the name of God may be an expression of faith to some. It has now become absolutely necessary for the government to take appropriate social as well as legal measures so as to curtail the spread of harmful practices such as black magic and save the common man from falling prey to the sinister designs of the black magicians, quacks and conmen.

CAUSES OF SUPERSTITION
1) Ignorance: The most common factor which creates superstition in societies is ignorance. In the past, some people considered ecliptic events as being the wrath of God. While, if the cause of eclipse was clear for people, such beliefs would have no place.
2) Religion:-The entrance of superstitions in religious teachings collapse religion and detract its validity. A number of superstitions have their basis in religion.
3) Opportunistic individuals: Many superstitions are coined by fraudsters who take advantage of the gullible and uninformed strata of the society for their own gain.
4) Human Tendency: Humans have a tendency to overthink and overanalyse. They search for patterns where there are none. Irrational thoughts and actions lead to superstitions.

HISTORY OF THE BILL

The original bill of 2003 was drafted by Narendra Dabholkar and was approved by the state government in July 2003. The bill was sent for ratification to the Union government by Chief Minister Sushilkumar Shinde in August 2003. The bill faced heavy criticism for having poor definitions for terms such as superstition, black magic, sorcery, etc. The bill was not presented in the winter session of the legislature.
In 2005, the bill was revised and redrafted by a rationalist, Mr Shyam Manav and was presented as Maharashtra Eradication of Black Magic and Evil and Aghori Practices Bill, 2005. The bill was introduced for the first time in the Legislative Assembly in the winter session of 2005 and adopted on 16 December, 2006 which was the last day of the session.
The bill faced opposition from several religious organisations in February 2006. The Art of Living Foundation, the Hindu Janajagruti Samite among many others protested and expressed concern that the bill gave too much power to the police, giving them the liberty to arrest on mere suspicion. The bill was said to be redundant and that it violated the religious freedom of the people. The bill was finally not presented in the monsoon session of 2006. It was forwarded to an investigative committee in 2007 .
The secretary of Maharashtra State Warkari Mahamandal, representing the Warkaris criticised the bill and said that it has no clear definition of mental and physical torture. According to him, the bill could be used to criminalise ever Hindu ritual. He called for the bill to be scrapped claiming that it was redundant because human sacrifice already came under the Indian Penal Code.
Dabholkar held a press conference on 5th April, 2011 and called for the bill to be passed. Consequently, a rally was held at Azad Maidan two days later to spread awareness about the bill. In response to MLA Chainsukh Sancheti’s query about child sacrifices, Deputy Chief Minister Ajit Pawar said that the bill will be introduced in the budget session and clarified that it will not affect Warkari, or any other religious rituals.
It was stated by the Maharashtra Andhashraddha Nirmulan Samite chief secretary, Milind Deshmukh and Dabholkar on 7th July 2011 that the anti -superstition bill has been promised by the government since 1995 but has still not been passed. A telegram sending campaign was started by them in order to draw attention to important issues and it urged the locals to send telegrams to the Chief Minister.
The lead campaigner of the bill, Mr Narendra Dabholkar was shot dead in Pune on 20th August, 2013 while he was out on a morning walk. His death triggered protests. There were demands for the bill to be passed.
The bill was approved as an ordinance by the Maharashtra Government on 21st August 2013. It was signed by the Governor of Maharashtra, K Sankaranarayanan. The ordinance, which was to remain in effect till December 2013, was tabled at the winter session of the State Legislature. By August 2013, the bill was tabled thrice in the Legislative Assembly and had failed to pass all three times even after going through 29 amendments.
The bill to enact the law was titled the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Bill 2013, and commonly known as the Anti-Superstition Bill, Black Magic Bill, Anti-Jaadu Tona Bill or Jadu Tona Andhshradha Virodhi Bill . Introduced in the Maharashtra Legislative Assembly on 11th December 2013 by State Social Justice Minister Shivajirao Moghe, the bill was passed on 13th December, 2013 by voice vote after a two day discussion and was then sent to the Maharashtra Legislative Council. It was passed by The Council on 18th December, 2013.

NARENDRA DABHOLKAR
Born on 1st November, 1945 to Achyut and Tarabai Dabholkar, Narendra Achyut Dabholkar was the youngest of ten siblings. Dabholkar was first introduced to the progressive movement through the Rashtriya Seva Dal. He was a qualified medical doctor having obtained his MBBS degree from the Government Medical College, Miraj. Dabholkar became a social worker in the 1980s after working as a doctor for 12 years. He joined the Akhil Bharatiya Andhashraddha Nirmoolan Samiti (ABANS) and later founded the Maharashtra Andhashraddha Nirmoolan Samiti (MANS) in 1989. The main aim on MANS was to eradicate superstition. MANS raised cudgels against all types of superstitions, irrational practices, blind faith and beliefs, confronting dubious tantriks and babas who preyed on the gullible masses. It was the first of its kind organization in India. MANS has 180 branches in the state.
Dabholkar also served as the Vice president of The Federation of Indian Rationalist Associations. He was the editor of Sadhana, a Marathi weekly founded by Sane Guruji. It was a devotion to the propagation of progressive and scientific thought.
Dabholkar made several failed attempts to get an anti- superstition law enacted in Maharashtra. The enacting of the bill, happened on 18th December, 2013- nearly four months after Dabholkar was shot dead by unknown assailants in Pune.
The attack took place at around 7.30 a.m near Omkareshwar Temple in Pune when Dabholkar was on his morning walk. Four rounds were fired at him from point blank range by two unidentified gunmen. They sped away immediately after. Dabholkar was rushed to Sassoon Hospital but he succumbed to his injuries.
Dabholkar’s death came as a huge blow to the progressive population of the society. Political parties, too condemned Dabholkar’s killing. A reward of Rupees Ten Lakh was declared by Maharashtra Chief Minister Prithviraj Chavan for any information of the unidentified gunmen. Also, many political parties called for a strike in Pune on 21st August. Several establishments protested Dabholkar’s killing by remaining shut on the 21st.
More than a hundred activists gathered Shivaji Mandir in Dadar, Mumbai to protest the brutal killing of the rationalist and social activist. They expressed shock and anger and demanded for an immediate investigation and arrest of the culprits.
In January 2014, arms dealer Manish Nagori and aide Vikas Khandelwal were arrested by the police. An expert report stated that the shots fired were fired from a weapon found in the duo’s possession.
The Central Bureau of Investigation took over the case after a Public Interest Litigation was filed by journalist Ketan Tirodkar. A case has been registered by the CBI under section 302 (murder) and 120B (criminal conspiracy) of the Indian Penal Code

THE ANTI SUPERSTITION AND BLACK MAGIC ACT
The following are the salient features of the anti- superstition and black magic act :
The bill seeks to prohibit practice and promotion of Black Magic. “Practice of black magic” has been defined comprehensively and it contains the evil practices, customs etc. It also includes the unauthorized and illegal practices of medicine or healing or curing by conmen or the so-called godmen. Such practice is being made an offense under this Act and to serve as a deterrent it is proposed to provide for a stringent penalty and punishment, making such practice a cognizable and non-bailable offense.
The following are the actions that have been considered as offence against this law:
1)Under the pretext of expelling the ghost, assaulting by tying a person with rope or chain, beating by stick or whip, to make the person to drink footwear-soaked water, giving chilli smoke, hanging a person to roof, fixing him with rope or by hair or plucking his hair, causing pain by way of touching heated object to organs or a body of a person, forcing a person to perform a sexual act in the open, practicing inhuman acts, putting urine or human excreta by force in the mouth of a person or practicing any such acts.
2) Display of so called miracles by a person and thereby earning money; and to deceive, defraud and terrorise people by propagation and circulation of so called miracles
3)With a view to receive blessings of supernatural power, to follow the inhuman, evil and aghori practices which cause danger to life or grievous hurt, to instigate, encourage or compel others to follow such practices.
4)Doing any inhuman, evil and aghori act and black magic in search of precious things, bounty and water resources, or for similar reasons in the name of karni, bhanamati and making or trying to make human sacrifice in the name of jaran-maran or the like, or to advice, instigate or encourage committing such inhuman acts.
5) To create an impression by declaring that a power inapprehensible by senses has influenced one's body or that a person has possessed such power and thereby create fear in the mind of others or to threaten others of evil consequences for not following the advice of such person or deceive, defraud and deter him.
6) By making the persons believe that a particular person practices karni, black magic or brings under the influence of ghost or diminishes the milking capacity of a cattle by mantra-tantra or similarly accusing a particular person that he brings misfortune to others, or is a cause for spread of diseases and thereby making the living of such person miserable, troublesome or difficult to declare a person as saitan or incarnation of saitan.
7) In the name of jaran-maran or chetuk, assaulting any person, parading him naked or put a ban on his daily activities.
8) To create a panic in the mind of public in general by way of invoking ghost or mantras or threaten to invoke ghost, creating an impression that there is ghostly or wrath of power inapprehensible by senses causing physical injuries and preventing a person from taking medical treatment and instead diverting him to practice inhuman, evil and aghori acts or causing financial harm by practicing or tend to practice black magic or inhuman act.
9)Prohibiting and preventing a person from taking medical treatment in case of dog, snake or scorpion bite and instead giving him treatment like mantra tantra, gande dora or such other things.
10) Claiming to perform surgery by fingers or claiming to change the sex of a foetus in womb of a woman.
11)(a) To create an impression that special supernatural powers are present in himself, incarnation of another person or body spirit or that the devotee was his wife, husband or paramour in the last birth thereby indulging into sexual activity with such person. .
(b) To keep sexual relations with a woman who is unable to conceive assuring her of motherhood through supernatural power.
12) To create an impression that a mentally retarded person as having supernatural powers and utilizing such person for business or occupation.

THE SUBSTANCE OF THIS LAW
There is no reference of faith or blind faith in this act in order to avoid any clash regarding Faith and Superstition, erupting in the Court of Law. Words like God, fate, religion, faith and superstition are also avoided. 12 items, which include dakin, jadutona, mantra-tantra, etc are considered superstitions that openly exploit gullible and innocent people. This law is the first of its kind in india. An individual convicted of a crime under this law will be sentenced to hard labour in prison for a period anywhere between six months to 7 years.
Fraudulent and exploitative practices have no place in a rational society. This law is against such practices. The entire text does not contain a single word which is related to God or Religion. The vital purpose of the law is to bring social awakening and consciousness in the society so as to create a healthy and safe environment in order to protect the common people from sinister practices which thrive on ignorance.
It is commonly believed that a mere law is not enough to eradicate the blind faith which leads to the poor and downtrodden. India is in dire need of wakening, education and economic welfare of the oppressed. Today, several social organization are engaged in the activity of creating awareness among the poor and illiterate strata of the society. However, it must be noted that raising social awareness is a time consuming process and gives relief to the immoral conmen to carry out their despicable undertakings in the meanwhile. Social awareness and education is essential in order to curb the misconducts and bring them to book. A law like this is crucial to help social organizations fight superstition.
The anti- superstition bill, as compared to the previous draft of the same, has been made mild and has encompassed more people in its purview. The March draft uses words against blind faith, obliviousness, customs and traditions which have originated from the sheer blind faith in the name of God. The December draft however uses terminology applicable to the public and their customs which thrive on unawareness. It entirely removes the usage of the terms blind faith in the name of God and also in the name of God’s men. It is therefore apparent that the present bill recognises that not only do the illiterate, but the elite too fall prey to the ploys of tantriks and babas. The bill also desires to evade opposition over the usage of certain words which may be an expression of faith to some.
The definition clause has been rigorously cut in the December bill. Previously, the bill included definitions of Black Magic and Magical Remedy. This has however now been covered in one clause. The words in the clause have the same meaning as they have been defined in The Drugs and Magic Remedies (objectionable advertisements) Acts, 1954 and the criminal procedure code lest they have been specifically defined in the bill. Nevertheless there still are particular terms like Aghori, Jaran-Maran, buvabaaji, Devi Maata and Dev Devasaki which have no definition in the Bill.
A very vast definition has been provided in the March bill for practice of Black Magic and Blind Faith. It comprised practice by an individual or through another by saying to possess supernatural powers or divine powers or power of the spirit for treatment or for curing or healing physical and mental ailments thereby causing material or financial loss to a human being. This definition would have therefore included several diverse practices like Voodoo, Wicca and Reiki. But this has entirely been removed from the current bill. This possibly explains why the bill was branded to be anti-Hindu. The bill did not include the various practices of other religions like Islam and Christianity. FIRST CRIME REGISTERED AFTER PASSING THE ORDINANCE ON 26TH AUGUST, 2013.
The first case under the anti- superstition ordinance was registered in Nanded against Sayel Khan Liyakat Khan, 25, and Amiruddin Abdul Latif, 40. These self- proclaimed babas belong to Ghaziabad and Meerut respectively and had been carrying out business in Nanded since a little over a month when the arrest was made. They claimed to cure people of serious diseases like diabetes, cancer and AIDS. According to the ads placed by them in local newspapers, they offered solutions to several problems related to family, love affairs, promotions, foreign tours, etc.
They charged anything between Rs 100 and Rs 5,000 and had over a hundred customers. The offences of tantriks was bailable and could fetch a sentence of six months imprisonment under the IPC and Drugs and Magic Act. However, under the new ordinance it is a non bailable offence with maximum imprisonment of seven years.
The second incident took place in September, 2013 at Nashik road in Devaligaon. A peculiar digging sound was heard from a house by the locals and the cops were alerted. The police walked in to see a black magic ritual in progress. A woman and four children were sitting in a seven feet hole dug inside the house. Some essence sticks, lemons and other black magic related paraphernalia was seized by the police from the site.
Two people- Jitesh Mogal Bhalero and Vijay Mogal Bhalerao were arrested on the spot while two others, namely, Sunita Mogal and Sangita Mogal were detained. They were attempting to perform a human sacrifice in order to cure an ailing family member. A case was registered under section 3 of the Maharashtra Anti-superstition and Black magic Ordinance.
ANTI SUPERSTION LAWS IN OTHER STATES OF INDIA
Karnataka became the second state in the country after Maharashtra to draft a bill against superstitions. The students of National Law School, Bangalore were entrusted with the responsibility of drafting the bill by the Karnataka Chief Minister. Titled as the Karnataka Prevention of Superstitious Practices Bill, 2013, thirteen superstitious practices have been categorized as evil practices. Out of these thirteen, two are non-cognizable while eleven are cognizable. The draft law proposes death penalty for the offence of human sacrifices. The bill has faced serious opposition in The State. Another draft bill is said to have been received by the Government. This draft bill is by the State Law University, Hubli. This draft proposes a new office known as The Karnataka Anti Superstition Authority and it’s headquarter at Bangalore and a Vigilance Committees on Superstitious Practices in each district. The Vishwa Hindu Parishad (VHP) and the Bajrang Dal oppose the bill as they fear that the bill will endanger the traditions followed by the Hindus. The oppositions and protests faced by the Karnataka bill are very similar to the ones faced in Maharashtra. One of the clauses that have seemed to anger several groups is the clause related to ban on astrology.
The Assam government too is contemplating to enact an anti- superstition law in their state. Chief Minister Tarun Gogoi said that “There has been a noticeable rise in cases where people are getting killed after being suspected of practicing witchcraft in Kokrajhar and Jorhat districts of Assam,” He also plans to launch an awareness campaign. There have been nearly a hundred killings due to social evil practices in Assam in the last decade alone. Witch hunting is a very serious problem in Assam .

CONCLUSION . The anti -superstition act is the first step in the right direction. It is time that deep rooted social evils like superstitions which hamper the growth and progress of the society are eradicated completely. The anti- superstition law is the beginning of a long journey at the end of which we will be left with a society of rational and progressive individuals who are well aware of their rights and duties. Blind faith will be stamped out and no person will fall prey to the ploys of tantriks and babas who seem to have the solution to every problem.
However a mere law is not adequate to curb superstitious beliefs completely. These superstitious practices have been around for centuries and a lot more than just a law is required for these practices to be weeded out of the society. It is crucial that along with the law the government takes other appropriate measures too which would aid the implementation of the law. The most effective way of curbing superstitions is by creating awareness. It is of utmost importance that the government concentrates on counselling the people of the society about the scientific explanations behind superstitious beliefs. Developing a rational outlook among the people of the society is the best way to fight superstition. Along with the law it is crucial for the government to interact with the population.
As of now, the law is being implemented exceptionally well. A number of self- proclaimed God men and others who earned a living by taking advantage of the gullible section of the society and endangering their lives in many cases have been arrested. Over 40 arrests were made within the first six months of implementation itself.

This is a noble effort of the legislators to put an end to the atrocities being committed in the name of religion. Throwing people in burning flames to cure people of Chicken Pocks, writing Ram on the doors of the house to prevent the unholy ghost from entering the house is becoming increasingly common these days. Although the intentions are good, as has been seen in the past, not all legislations score high marks where implementation is concerned. Some fail more so because people refuse to follow them and because it appears to be against the customs and traditions of the people. Literacy drives would have been more appropriate for such a personal subject. No committee has been put in place under this bill that would go around educating people about the evil effects of these practices. Another thing that comes across is that most of the acts named in the bill would be offences in itself, the only difference is that their commission under the guise of religious practice would henceforth also be termed as an offence. Nevertheless, the success of the act in the long run still needs to be seen.

BIBLIOGRAPHY Newspapers referred to:
• The Times of India
• The Hindu
• Pune Mirror

Websites referred to:
• Antisuperstition.org
• Legalserviceindia.com
• Realitycheck.wordpress.com

Books referred to:
• Inventing superstition: from the Hippocratic to the Christians by Dale B Martin
• Believing in magic: psychology of superstition by Stuart.A.Vyse