ANTI-SUPERSTITION LAWS IN INDIA
1. Context
The brutal murder of two women as part of "ritualistic human sacrifices" in the Pathanamthitta district of Kerela has left the country in shock.
2. Introduction
- Chilling details of the killings of the two women in Kerela have sparked a debate about the prevalence and power of superstitious beliefs in society.
- Superstition is a kind of blind belief in supernatural powers that don't have any scientific explanations behind them. Superstitions in India are a serious problem. It has been prevalent for decades.
- In different parts of the country people still believe that the cawing of a crow on the roof of a house is a sign of the arrival of guests.
3. Causes behind the superstitions
Illiteracy proves to be the prime reason for superstition in India. The illiterate people generally fall into the grip of superstitions. They can't judge an incident from a scientific point of view. In India, the literacy rate is just 70.44% (as per recent data), which is quite low in comparison to other developed countries. Again in our country, a lot of "godmen" are found who make people superstitious in the name of the religion.
4. Are such Killings common?
- As per the 2021 report of the National Crime Record Bureau (NCRB), six deaths were linked to human sacrifices, while witchcraft was the motive for 68 killings. The maximum number of Witchcraft cases were reported from Chhattisgarh (20), followed by Madhya Pradesh(18) and Telangana (11), Kerela saw two cases of human sacrifice.
- In 2020, India saw 88 deaths due to witchcraft and 11 died as part of 'human sacrifices, the NCRB report states.
5. Laws in India
- In India, there is no central law that exclusively deals with crimes related to witchcraft, superstition, or occult-inspired activities. In the absence of nationwide legislation, a few states have enacted laws to counter witchcraft and protect women from deadly witch-hunting.
- Bihar was the first state to enact a law to prevent witchcraft, identification of a woman as a witch, and eliminate torture, humiliation, and killing of women. " The prevention of Witch (Daain) Practices Act came into force in October 1999.
- Anyone who identifies a person as a 'witch' and acts to aid this identification can face a jail term of up to three months or a fine of 1000 rupees or both.
- Chhattisgarh is one of the worst-affected states in terms of Witchcraft-related crimes, the state enacted the Chhattisgarh Tonahi (witch) Pratadna Nivaran Act only in 2005. As per the law, a person convicted for identifying someone as a witch can be sentenced to up to three years of rigorous imprisonment with a fine.
- In Odisha, the prevention of Witch-Hunting Bill was passed by the Assembly in 2013. The bill provides penalties for a witch doctor, or a person claiming to be a black magician.
- In Maharastra, the Maharastra prevention and Eradication of Human Sacrifice and other Inhuman, Evil, and Aghori Practices and Black Magic Act, 2013 was passed.
- Rajasthan enacted the Witch-Hunting Act in 2015 to provide effective measures to tackle the menace of witch-hunting and prevent the practice of witchcraft.
- The Assam Witch Hunting (Prohibition, prevention, and protection) Act, 2015, which received the President's assent in 2018, prohibits witch-hunting completely.
- The latest law was passed in Karnataka where the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017 came into effect in January 2020.
6. Constitutional measures against Superstitions
Section 295A of the Indian Penal Code:
It criminalizes "deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs".
Article 51A (h) of the constitution of India:
It lists "to develop the scientific temper, humanism and the spirit of inquiry and reform" as a fundamental duty for every Indian Citizen.
Article 25:
It guarantees freedom of conscience and free profession, practice, and propagation of religion.
Article 21:
It guarantees the protection of life and personal liberty. No person shall be deprived of his life or personal liberty except according to the procedure established by law.
For Prelims & Mains
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For Prelims: National Crime Record Bureau (NCRB), The prevention of Witch (Daain) Practices Act, The Assam Witch Hunting (Prohibition, prevention, and protection) Act, 2015, Section 295A of the Indian Penal Code.
For Mains: 1. What are Anti-superstition laws in India and explain the need for central anti-superstition law to deal strictly with crimes associated with superstition, occult practices, and Black Magic.
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Source: The Hindu
