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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| State of fear |
| 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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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.
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:
- 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
- Cheating somebody on the name of miracles
- Any sinister (aghori) practice which endangers life or causes fatal injuries.
- Claims by persons of having supernatural powers and causing fear in the minds of others to cheat them
- To perform Karni, Bhanamati rituals and claiming possession of supernatural powers or advertising such claim
- 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
- To exploit mentally ill patients by claiming to possess supernatural powers
- 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
- Claims of performing surgery with fingers. Claims of guaranteeing birth of child of desired gender
- To isolate or punish someone by claiming he or she practices witchcraft or possesses evil power
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