June 12, 2021

ANTI-SUPERSTITION AND BLACK MAGIC ACT

INTRODUCTION:

A superstition is a belief in supernatural causality that one causes naturally without linking the two events. The word superstition is generally used to refer to the religion not practiced by the majority of given society

SUPERSTITIONS IN INDIA: Our India and its beliefs are sometimes out of the mind. For e.g., Black cat crossing the road is considered as bad luck, a crow coming out side the house indicates that guest is going to arrive, itching palms indicates that money is on the way.

MAHARASHTRA ON SUPERTITION

The Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman Evil and Aghori Practices and Black Magic Act,2013 is a criminal law act for the state of Maharashtra. It was originally drafted by anti-superstition activist and the founder of Maharashtra Andhashraddha Nirmoolan Samiti (MANS) NARENDRA DABHOLKAR in 2003. This act is to made to stop the superstitious things or superstitious practices related to black magic, human sacrifices, use of magic remedies to cure ailments and other such acts which may open people to the superstitious practices.

After the murder of Dabholkar’s murder, the resulting bill was brought in notice on 26th August 2013, and was formally introduced in the winter session of Maharashtra Legislative Assembly in Nagpur in December 2013.

 HISTORY OF THIS ACT:

This at was originally drafted by Narendra Dabholkar. In July 2003 the draft was approved by the state government. The bill was sent for correction of bill to the union of government by chief minister sushilkumar shinde in august 2003. But this bill was criticized for having poor definition on black magic, superstition etc. this article was presented in the winter session.

This bill was redrafted by Shyam Manav who was a rationalist this bill was presented as Maharashtra Eradication of Black Magic, Evil and Aghori practices bill, 2005.

The bill was presented without precedent for the Authoritative Get together in the colder time of year meeting of 2005.The bill, was embraced by the Gathering on 16 December 2006, the most recent day of the meeting. The decision Congress government confronted analysis from the absence of discussion from the resistance BJP and Shiv Sena.

In 2006 there were challenges the bill, incorporating at an exhibition in Pune on 25 February 2006. Dissidents, including the Specialty of Living Establishment and Hindu Janajagruti Samiti asserted the bill gave the police ability to look, seize or capture on simple doubt. Educator Shyam Manav, president, Akhil Bharatiya Andhshraddha Nirmulan Samiti (ABANS), a significant power behind the Bill, discredited these cases: “Under IPC, on the off chance that anybody is hindering crafted by cops, he can be rebuffed. We have caused a thorough Bill to remove wrongdoings against individuals due to superstition.” At the convention a representative for Janajagruti Samiti, Ramesh Shinde, said that the bill was excess, abused strict opportunity and didn’t recognize divine force. I. A. Khan, the overseer of the Haji Malang Dargah, concurred and added that the bill was affected by “unfamiliar thoughts”.

Then the bill was not presented in 2006 monsoon session. In 2007 the bill was directly sent to the investigative team, instead of sending it to the send house of legislature (legislative council).

After so many rectifications finally bill got the asset on 20th December 2013 from Sankarnarayan. The bill enacted the laws was titled the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, evil and Aghori practices and black magic bill 2013. This bill is only applied to well-off and well- educated parts of Maharashtra.

CRITISICM OF THIS BILL:

  • This bill was critised for being anti-Hindu and Anti-Religion.
  • Dabholkar has responded to this by stating that bill does not mention any god or religion this law only targets criminal practices.
  •   In the aftermath of Dabholkar’s murder journalist Ellen Barrey wrote a article in the UNIVERSITY OF PUNE and explained about the bill and stated that the bill was not passing from the years because of opposition from few hindu and stating.

After Maharashtra the state of Karnataka passed the bill in 2017 was notified in 2020.

Some cases related to this Act are:

  • Kantibhai p. Tadvi  v. State of Gujrat (27th June 2001)
  • Ram Ashish Gaur & others V. State of U.P ( 8th July 2013)

CONCLUSION

After all this act is there any changes in peoples’s mentality then the answer is whether they are well educated or not so educated each and every one gets into the trap of this and then becomes the victim of the crime. Sometime they just stop on making people fool and removing money but sometimes they go forward try to sexually assault girls or womens. We need to understand why government is making laws or acts. The laws and acts are made for the protection of people and not to show the religious status.

References:

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