Theme : Indian Society, Governance
Paper : GS - 1, GS - 2
TABLE OF CONTENT
- Superstition & Witchcraft
- Present Status in India
- Any Central Law in India?
- Laws Enacted in various States in India
- Need for a country-wide Anti-superstition and Black Magic Act
Context : The brutal murders of two women as part of “ritualistic human sacrifices” in the Pathanamthitta district of Kerala have left the country in shock.
Superstition & Witchcraft :
- Superstition is an irrational belief usually founded on ignorance or fear and characterized by obsessive reverence for omens, charms etc. It is a notion, act or ritual that derives from such belief.
- Black magic is also known as Witchcraft is usage of supernatural power for evil and selfish purposes and to perform malicious practices to destroy someone physically or mentally or financially.
- Black magic makes humans victims of baseless fears, reverses fortunes and confusions.
Present Status in India :
- As per the 2021 report of the National Crime Records Bureau (NCRB), six deaths were linked to human sacrifices, while witchcraft was the motive for 68 killings.
- In 2020, India saw 88 deaths due to witchcraft and 11 died as part of human sacrifices.
- The maximum number of witchcraft cases were reported from Chhattisgarh (20), followed by Madhya Pradesh (18) and Telangana (11). Kerala saw two cases of human sacrifice, the NCRB report states.
Any Central Law in India?
No central law: In India, there is no central law that exclusively deals with crimes related to witchcraft, superstition, or occult-inspired activities. In the absence of a nationwide legislation, a few States have enacted laws to counter witchcraft and protect women from deadly ‘witch-hunting’.
Laws Enacted in various States in India :
- Jharkhand: A similar law was passed in Jharkhand in 2001 the Prevention of Witch (Daain) Practices Act.
- Chhattisgarh: Even though Chhattisgarh is one of the worst-affected States in terms of witchcraft-related crimes, the State enacted the Chhattisgarh Tonhi (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.
- Bihar: 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 ?1,000, or both.
- Odisha: Following the directions of the Odisha High Court to frame a law to deal with rising cases of witch-hunting in the State, the Odisha 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
- Maharashtra: In Maharashtra, the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013 was passed after the murder of anti-superstition activist Dr. Narendra Dabholkar.
- Rajasthan: The state of Rajasthan enacted the Rajasthan Prevention of Witch-Hunting Act in 2015 to “provide for effective measures to tackle the menace of witch-hunting and prevent the practice of witchcraft.
- Assam: The Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015, which received the President’s assent in 2018, prohibits witch hunting completely. The law states, no person shall identify, call, stigmatize, defame or accuse any other person as witch by words, or by signs or indications or by conducts or actions or any other manner or instigate, aid or abet such an act or commit witch hunting.
- Karnataka: 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. The law bans several practices related to black magic and superstition, like forcing a person to walk on fire at religious festivals and the practice of piercing rods from one side of the jaw to the other.
Need for a country-wide Anti-superstition and Black Magic Act:
- Only eight states in India have witch-hunting legislations so far. These include Bihar, Chhattisgarh, Jharkhand, Odisha, Rajasthan, Assam, Maharashtra and Karnataka.
- Allowing the unhindered continuance of such practices violates an individual’s fundamental right to equality and right to life under Article 14 and Article 21 of the Constitution respectively.
- Such acts also violate several provisions of various International legislations to which India is a signatory, such as the ‘Universal Declaration of Human Rights, 1948’, ‘International Covenant on Civil and Political Rights, 1966’, and ‘Convention on the Elimination of All Forms of Discrimination against Women, 1979’.
- In the absence of measures to tackle superstitions, unscientific and irrational practices and misinformation regarding medical procedures can also balloon up, which can have severe detrimental effects on public order and health of citizens.
1. What are Superstitions?
Answer : Superstition is an irrational belief usually founded on ignorance or fear and characterized by obsessive reverence for omens, charms etc. It is a notion, act or ritual that derives from such belief.
2. What is Witchcraft?
Answer : Black magic is also known as Witchcraft is usage of supernatural power for evil and selfish purposes and to perform malicious practices to destroy someone physically or mentally or financially.Black magic makes humans victims of baseless fears, reverses fortunes and confuses.