LAWS AGAINST SUPERSTITION AND MYTHS IN INDIA
Jais P Jain
Global Shaper I Lawyer| Litigation| Contract Drafting | Consumer Protection Law| Criminal & Civil Law| Family Law|
INTRODUCTION
?????In a world where we human beings lives collectively as a society for our own good, it’s important for us to have tolerance for other people. Despite the world is advanced in various aspects such as Law, Economics, Politics, Artificial Intelligence, Information technology, Communication, Medicine, Automobiles etc.…we are having the brain which is very primitive one. We humans excelled in every one of these trades only because one reason. Its rational way of thinking, not emotional thinking. Rational way of thinking helps in taking a decision which is effective and solves the problem. But can we think rationally for every decision we take? NO. It’s because for rational way of thinking, our brain consumes way more energy. Since our brains are primitive it always thinks of solutions which are easy to get in order to conserve energy which results in unreasonable decision making. Sometimes this type of thinking causes more problems in a wider view. We humans are curious of unknown facts around us. We need answers for the events and questions arising on our mind. Ancient people had philosophers who found answers, before that we had religious texts which answered our queries, these answers were unscientific, misleading and no criticism was allowed. But at present we seek the help of science to find answers which is always available for scrutiny and is based on facts. But majority of people relies on ancient method of finding answers which is an irony.
?????????Our forefathers who have written the constitution of India has given us some fundamental duties in article 51A(h) one of the duties of a citizen is to develop the scientific temper, humanism and the spirit of inquiry and reform. India is a country which bears myths and superstitions in abundance. Why does superstitions and myths have so much support even though it does not provide any relief? Why does rational way of thinking do not have any support even though it helps in solving problem effectively? Our brain has many fallacies. Even a most rational person can be carrying various types of fallacies, because our brains are designed for that. As aforementioned it’s important for us to have tolerance for others, it’s not harmful for other people when a person believes in a myth and keep it to himself. When one’s superstition affects another person adversely it’s to be prevented for good. Article 51A(h) is very relevant in present scenario in our country.
? SUPERSTITIONS AND MYTHS IN INDIA
?????????There are numerous events of cruel and unjustifiable acts in India done by people on account of superstitions and myths. Humans do these kinds of unreasonable act because of a logical fallacy called magical thinking. Making causal connections or correlations between two events not based on logic or evidence, but primarily based on superstition.?Magical thinking often causes one to experience?irrational?fear of performing certain acts or having certain thoughts because they assume a correlation with their acts and threatening calamities.
(For further reference:https://www.logicallyfallacious.com/logicalfallacies/Magical-Thinking)
Another fallacy we fall into is the appeal to false authority, using an alleged authority as evidence in your argument when the authority is not really an authority on the facts relevant to the argument. As the audience, allowing an irrelevant authority to add credibility to the claim being made.
(For further reference:https://www.logicallyfallacious.com/logicalfallacies/Appeal-to-False-Authority)
The people practicing witchcraft and black magic take advantage of this fallacy to exploit their money. Education is not a criterion for not falling into these kinds of deception. As we can see even the rockets and satellites of India has lemon and chilly hanged on it aiming to prevent evil eyes. Which concludes that even astrophysicists are hostages of superstitions and myths. If the status quo of scientific tempered citizens is this, then what about the ordinary people?
Some of the common myths in India are:
·??????Black cat crossing the road is bad luck.
·??????Seeing broom while going somewhere is bad luck.
·??????Three people doing something will end in failure.
·??????Cutting nails at night will bring demons.
·??????Whistling at night will bring snakes to the place.
·??????Women who have periods is impure and should not touch anybody.
·???????If a single crow pheasant is seen, you will get a sweet that day.
·??????Number 13 is considered as the number of devils, which brings bad luck.
·??????Looking at broken mirror brings bad luck.
·??????Staying outdoors at the time of Eclipse is inauspicious.
·??????Horoscope.
·??????Astrology.
·??????Vasthu.
?People who mainly spread these kinds of superstitions are:
?·??????Palm readers who claim to see the past and future of people by observing the lines on palm.
·??????God men who claim to have psychic and healing powers.
Usually, this type of people becomes enormous political power and secures blind followers in vast. These followers are exploited for committing crimes. There are many cases disposed and pending in the courts of India against these self-claimed demigods. One of those cases is of Swami Premananda.
(For further reference:https://en.wikipedia.org/wiki/Swami_Premananda_(guru))
·??????Witch craft and Black magic, People who gives misleading advises regarding Marital relations, Finance, Health.
·??????People who claim to have mystical powers.
·??????Astrologers charts the position of the stars in the sky to gain insight into human personality, and even draw predictions about the future.
·??????People who interpret the events happening and religious writings in their own way to mislead their followers.
?CASES
? A recent case of human sacrifice in Kerala, https://timesofindia.indiatimes.com/city/kochi/kerala-human-sacrifice-case-all-three-accused-sent-to-14-day-judicial-custody/articleshow/94807850.cms
? Another case of black magic in Kerala,
? Human sacrifice in Delhi,
? Black magic resulted in death at Nagpur,
? Black magic resulted in death of two at Andhra Pradesh,
? Women killed in suspicion of being a witch:https://sabrangindia.in/article/jharkhand-woman-killed-suspicion-being-witch
? Women dies is excorsism:https://www.hindustantimes.com/india-news/woman-dies-in-brutal-exorcism-ritual-in-telangana-s-karimnagar-sorcerer-arrested/story-02KCRobMW8QUmQ4uyzLbsI.html
? Two kids buried in cow dung on advice of ‘ojhas’ in UP: https://timesofindia.indiatimes.com/city/bareilly/bitten-by-snakes-two-kids-buried-in-cow-dung-on-advice-of-ojhas-in-up-die/articleshow/77660773.cms
??Two kids dead after witch doctor performs exorcism:https://www.hindustantimes.com/india-news/two-children-dead-after-a-visit-to-exorcist-in-bengal-s-malda/story-R9qTcrgEhANJ3XGHjqB3vO.html
? Murder of narendra Dabholkar founder-president of Maharashtra Andhashraddha Nirmoolan Samiti (MANS), an anti-superstition organization, and a leader of the Federation of Indian Rationalist association was killed for his work countering superstition in India
LAW IN INDIA
?????There should be law against superstitions and myths which dehumanizes and demonize human beings on the basis of merely a word from a person whose aim is to exploit the victims.
The exploiters should be brought before the court and should be penalized. One superstition is the stepping stone to another, because the superstition will hijack the brain of person to believe anything illogically which results in becoming host to many superstitions.
?????Indian Penal Code, 1860 which is the official criminal code of India, does not include any offences which is related to superstition and myths. Instead, 295 A of the code defines deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs, gives less scope for criticism of superstitions and myths. (For further reference:https://www.iralr.in/post/misuse-of-section-295-a-of-ipc-a-potent-weapon)
?????????One of the major breakthroughs against superstition in India was the commission of Sati (Prevention) Act, 1987. This act abolished the evil practice of Sati, the practice by which the widow sacrifices herself by sitting on the funeral pyre of deceased husband. Since this was an inhumane and cruel practice it was vastly followed. There were cases of Sati even after the act came into force. This act provides for the more effective prevention of the commission of sati and its glorification and for matters connected therewith or incidental thereto. This act is applicable to the whole of India.
?????????There are acts which penalize the acts which include black magic, witch craft, murder, demonization enacted by state legislatures. They are:
PREVENTION OF WITCH PRACTICES ACT 1999
Act enacted by the Legislature of the State of Bihar
An Act To provide for the effective measures to prevent the witch practices and identification of a woman as a witch and their oppression mostly prevalent in Tribal areas and elsewhere in the State of Bihar and to eliminate the woman's torture, humiliation and killing by the society and for any other matter connected therewith or which are incidental thereto.
This act includes offences and punishment for:
1. Identification of Witch (Daain)
2. Damages for Causing Harm
3. Abetment in The Identification Of Witch (Daain)
4. Witch (Daain) Curing
PREVENTION OF WITCH PRACTICES ACT 2001
Act enacted by the Legislature of the State of Jharkhand
?????????This act has the same provisions of prevention of witch practices act,1999 enacted by state of Bihar.
THE CHHATTISGARH TONAHI PRATADNA NIVARAN ACT, 2005
Act enacted by the Legislature of the State of Chhattisgarh
Section 2(1) of the act defines Tonahi : "Tonahi"?means person indicated by any person or persons that he will harm or possesses power to harm or thereby he intends to harm any other person or persons or society or animal or living things by black magic, evil eye or by any other means, whether known as Dayan, Tonaha or by any other names
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This act includes offences and punishment for:
1. Punishment for identifying Tonahi
2. Punishment for harassment.
3.Punishment for alleged curing.
4. Punishment for claiming to be Tonahi
5. Punishment for attempt to commit offence
ODISHA PREVENTION OF WITCH-HUNTING ACT 2013
Act enacted by the Legislature of the State of Odisha
This act includes provisions for:
1.??Prohibition of witch hunting and practicing witchcraft.
2.??Penalty for witch hunting.
3.??Penalty for witch craft.
4.??Penalty for witch doctor.
5.??Enhancement for punishment.
6.??Order for compensation to victims.
RAJASTHAN PREVENTION OF WITCH-HUNTING ACT, 2015
Act enacted by the Legislature of the State of Rajasthan
This act includes provisions for:
1.??Prohibition of witch hunting and practicing witchcraft.
2.??Penalty for witch hunting.
3.??Penalty for witch craft.
4.??Penalty for witch doctor.
5.??Punishment for unnatural death of a woman subjected to witch-hunting.
6.??Order for compensation.
7.??Power of State Government to impose collective fine.
THE ASSAM WITCH HUNTING (PROHIBITION, PREVENTION AND PROTECTION) ACT, 2015
Act enacted by the Legislature of the State of Assam
This act includes provisions for:
1.??Prohibition of witch hunting.
2.??Punishment for identifying, calling as witch and for abetment.
3.??Punishment for leading the person to commit suicide.
4.??Punishment for use of criminal force identifying, callingetc.as witch.
5.??Punishment for using criminal force to outrage modesty.
6.??Punishment for some forms of torture such as stoning, hanging, stabbing, dragging, public beatings, burns, cutting/burning of hair, forced hair shavings, pulling of teeth out, cutting of nose or other body-parts, blackening of face, whipping, branding with hot objects or use of any other blunt or sharp weapons or objects.
7.??Punishment for damaging reputation, dignity.
8.??Punishment for attributing misfortune.
9.??Punishment for causing disappearance of evidence.
10.Punishment for attempt to commit offences.
11.Punishment for abetment of offence.
12.Punishment for community involvement.
13.Fines to be paid as compensation to the victim.
14.?Section 438 of the Criminal Procedure Code, 1973 not to apply to persons committing an offence under the Act.
THE MAHARASHTRA PREVENTION AND ERADICATION OF HUMAN SACRIFICE AND OTHER INHUMAN, EVIL AND AGHORI PRACTICES AND BLACK MAGIC ACT, 2013
Act enacted by the Legislature of the State of Maharashtra.
This act includes provisions for:
1.??Prevention and eradication of human sacrifice and other inhuman, evil and aghori practices and black magic.
2.??Jurisdiction to try offences.
3.??Vigilance Officer.
4.??Powers of entry search, etc.
5.??Application of provisions of sections 159 and 160 of Maharashtra Police Act.
6.??Application of provisions of Code.
7.??Act to be in addition to and not in derogation of any other law.
8.??Publication of fact of conviction.
This bill was originally drafted by Narendra Dabholkar who strongly opposed black magic and inhumane practices. As mentioned above, Dr. Narendra Dabholkar founded the Maharashtra Andhashraddha Nirmoolan Samiti (MANS) and raised his voice against superstition, irrational practices, blind faith and beliefs. Dr Dabholkar was murdered, and government swung into action and brought in the draft of the bill in the Legislative Assembly.?
KERALA
?????????Two coldblooded murder in the name of black magic at Elanthoor village, Pathanamthitta has ignited discussions about superstitions and black magic in Kerala and need for enacting law against these inhumane practices. The Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill was submitted to the government in 2019 but it is yet to be enacted. The brutal murders of two middle-aged women in Elanthoor village again has thrown light on the gruesome practices that still prevail in the society. While commenting on reports related to murders Justice Devan Ramachandran of Kerala high court on Wednesday in the courtroom said, “Some of the things happening here are beyond the limits of absurdity. Today it is human sacrifice. I wonder where Kerala is going". The Kerala government mentioned that the work for enacting law is going on.
CONCLUSION
Since there are laws and punishments for the inhumane acts and black magic, people still tend to practice these acts.
These cases do support the above statement:
As said above enacting laws is only a small step for a big change, to put and end to superstitions and myths effort must be taken from one’s own side. Every person should spread awareness about this big misfortune which is eating our society. We should try to do our fundamental duty of developing the scientific temper, humanism and the spirit of inquiry and reform within ourself and others.