How Black Magic is Governed by Indian Laws?

Black magic has been followed in our society since ancient times and is considered one of the worst evils of our country.  People invest their religious beliefs in such kinds of activities and later suffer consequences.

Our country has dealt with strange cases on the name of superstitions and black magics such as, exorcism, throwing person to the well, committing murders etc. These problems need educational and legal resolution along with being aware and conscious of the reality that it shall be followed by sanctions in order to restrict the person doing it or following it. 

LAWS & REGULATIONS:

Prevention and Eradication of Inhumane Evil Practices and Black Magic Act 2017 (Anti-Superstition Act) came into force on 4th January 2020 post the assent of the government.

This Act bans 16 acts which  can ruin other people in the name of witchcraft, black magic, superstition. If anyone is found to be the convict under this Act, they shall be punished with imprisonment of one year to seven years or a fine of Rs. 5,000 to Rs. 50,000 or both, including Section 302 (murder) and section 307 (attempt to murder) section 308 (abetment to suicide). 

The National Crime Record Bureau in 2019 disclosed an overall rise in witch-hunting cases, with Chhattisgarh witnessing 22-witch-hunt related deaths in the past year. Police rescued 4 minor boys from Assam who were suspected to be sacrificed in the name of ritual. 

Such acts are also governed by International legislations to which India is a signatory. Few of them are Universal Declaration of Human Rights, 1948, International Covenant on Civil and Political Rights, 1966 and the convention on the Elimination of All Forms of Discrimination against Women, 1979

In JituMurumu@SukulMurmu& Anr V. State of Odisha,  it was held that existing laws are not enough to address the issue, so there is an urgent need for central law.

WHAT IS NOT BANNED?

Pradakshina, parikrama performed at religious and sacred places

All sacred celebrations,prayers and festivals

Advice with regards to Vaastu and other astrologers

Performance of prayers, rituals, upasana at home, temples or any other religious institution

ORDER BY SUPREME COURT:

Justice RF Nariman, three judge bench of Supreme Court observed, “no reason why a person above 18 can’t be allowed to choose his religion” and rejected the plea submitted by the petitioner stating centre and state to take steps to control black magic, superstition and religious conversion through threats, intimidation or deception.”

Maharashtra was the first state to enact the Anti-Superstition Bill and was amended by Social Welfare Ministry of Maharashtra

Cheating in the name of miracles

Any aghori practice which endangers life or causes fatal injuries.

Claims by persons having supernatural powers and causing fear in the minds of others to cheat them

To perform Karni, rituals and claiming possession of supernatural powers or advertising such claim

To promise a woman that she will get pregnant 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 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 guaranteeing birth of a child of the desired gender

To isolate or punish someone by claiming he or she practises witchcraft, or possesses evil powers.

There is a minor difference between belief and superstitions that need to be mentioned in the law, as these practices performed in the name of the Lord may be an expression of belief to others. This idea has been mentioned in the Anti-Superstition Bill of India, but is still waiting to be declared as law.

You can consult Lead India experts who can guide you through the process of filing any such complaint against any of the evil issues.