The history of the anti
superstition bill began in 2003, when the
first draft of the anti superstition bill was tabled. It was called
the Jadu Tona Andhshradha Virodhi bill of 2003. This was the first
bill of its kind ever to be tabled anywhere across the country.
However, the bill was met with strong opposition by most parties as
the definition of superstition was considered too vast. What was
superstition and blind faith to one could possibly be belief and faith
to another. Amidst these arguments, the bill was finally passed with
some amendments. Although the bill was pending before the central
government for its approval for almost seven months, problems arose
when the elections began. The governor was of the view that since the
government was going to change, it would not be appropriate to put a
new law in place. Hence, as fate would have it, the bill did not come
into force. That however, was not the end of the journey and 2 years
later a new draft was tabled in March 2005 much like the one that was
tabled in 2003 with subtle differences and an amended version was
finally passed on the 16th of December 2005. This review examines both
the bills of 2005. The bill of 2003 was unavailable. Whereas the bill
of 2003 had been drafted by Mr. Narendra Dabholkar of the Andhashradha
Samiti, the bill of 2005 was drafted by Mr. Shyam Manav.
The Bills:
A first reading of both the bills gives one the feeling that the new
draft has included a lot more people in its purview and has also made
mild, some of the provisions of the older draft. The March draft uses
the words to protect the poor and ignorant people in the society
Against blind faith, ignorance and customs born out of blind faith in
the name of god...black magic by so called god’s men. The December
draft however uses the terminology of application to common people
customs thriving on ignorance and completely removes the usage of the
words blind faith...in the name of God and so called God’s men. It is
thus quite clear that the present bill recognizes the fact that it is
not just the poor and the ignorant who can be victims of tantriks and
babas but also the people of the upper classes that may be affected.
It also wishes to avoid opposition over the usage of the words God’s
men and in the name of God because practices and rituals practiced in
the name of God may be an expression of faith to some.
Short Title, Extent and Commencement:
The March draft of the bill was called the Maharashtra Eradication of
Black Magic and Evil Practices and Customs Act, 2005 whereas, the
final draft is called the Maharashtra Eradication of Black Magic and
Evil and aghori Practices Act, 2005.
The word Customs has been removed from the title and the word aghori
has been inserted possibly because of the difficulty in defining the
word Custom as would cater to the needs of this bill.
Definitions:
The definition clause has been severely shortened in the December
bill. The earlier bill included definitions of Black Magic. Magical
remedy. However, this has now all been covered in one clause. All the
words have the same meaning as they have been defined in The Drugs and
Magic Remedies (objectionable advertisements) Act, 1954 and the
criminal procedure code, unless, they have been expressly defined in
the bill. However, there are still certain terms such as Aghori, jaran-
maran, buvabaaji, devi mata or dev devaski which find no definition in
the Bill.
A rather large definition had been provided for in the March bill for
practice of Black Magic or blind faith. It included practice by a
person or through another by claiming to possess supernatural powers
or divine powers or power of the spirit for treatment or for curing or
for healing physical and mental ailments thereby causing material or
financial loss to a human being. This definition would have thus
included other varied practices such as Voodoo, Wicca and Reiki. This
however has completely been removed from the present bill. This is
probably one of the biggest reasons why the present bill was labeled
as anti-hindu, because it does not seem to cover the practices of
other religions such as Islam and Christianity.
A noticeable change is that of the inclusion of Doctors and medical
practitioners in the present bill. The earlier bill expressly excluded
this class of people. This would have given a license to doctors to
practice black magic; hence it has rightly been included.
Registered medical practitioner as defined under the Drugs and Magic
Remedies Act 1954, means any person, -
(i) who holds a qualification granted by an authority specified in, or
notified under Section 3 of the Indian Medical Degrees Act, 1916 (7 of
1916) specified in the Schedules to the Indian Medical Council Act
1956 (102 of 1956); or
(ii) who is entitled to be registered as a medical practitioner under
any law for the time being in force ;in any State to which this Act
extends relating to the registration of medical practitioner;
Prohibition of Black Magic:
Both the bills prohibit the promotion, propagation and the practice of
Black Magic. The December Bill also prohibits the promotion, practice
and propagation of aghori practices. This also included people who
abet or attempt to commit any act punishable under this Act.
The March Bill provided that any person who contravenes the provisions
of the Act would be punishable with a term extending to seven years or
with a fine extending to fifty thousand rupees or with both. The
revised version of the bill however provides a minimum sentence of six
months extending to seven months along with a fine, the minimum limit
of which is provided at fifty thousand rupees. Hence the amended bill
comprehensively necessitates the imposition of both imprisonment and
fine.
Jurisdiction to try offences:
Both bills declare the offences punishable under the Act as cognizable
and non-bailable. No court inferior to that of a Metropolitan
Magistrate or a Magistrate of the First Class is permitted to try any
offence under the Act.
Offences by companies:
Both bills provide that if any offence is committed by a company then
every person in charge of and responsible to the company at the time
of commission of the offence for the conduct of its business would be
deemed guilty. It however, expressly excludes people who did not have
knowledge of the commission or people who had exercised all diligence
to prevent its commission. It also provides that if such an act is
committed with the consent or due to the neglect of any director or
manager or secretary or any other officer of the company who is
responsible for the exercise of due care then such a person would also
be deemed to be guilty under the Act.
A separate definition has been provided for a company under both the
bills which includes firms, an association of persons or body of
individuals, whether incorporated or not. Where the March Bill
includes trusts in the definition of a company, the December bill does
not. The reason for the exclusion of the same is unclear.
Vigilance officer:
There is a slight difference in the manner of defining the vigilance
officer in both the bills. The March draft provided that the vigilance
officer, who would be one or more police officers of the rank of an
inspector of Police, would be appointed for the whole State or such
part of the State as may be specified. However, the December draft now
changes this to one or more police officers for one or more police
stations as may be specified. The December bill thus does away with
the ambiguity of appointed police officers for parts of the State.
Where the duties of the Vigilance officer are concerned, most of the
duties remain the same. The earlier bill however, empowered the
officer to detect and prevent the contravention of the Act and to
report cases to the nearest police station within his jurisdiction.
However, the present bill lays a greater duty on the vigilance officer
because it requires him to take quick and speedy action in case a
complaint is filed at the police station by a victim. It also requires
him to give necessary advice, guidance and help to the concerned
police station. The rest of the duties such as collection of evidence,
performance of other duties as notified from time to time remain the
same under both the bills.
The March bill however, provided that the Vigilance officer shall
associate himself with the members of recognized organizations within
the area of his jurisdiction and co-ordinate with such organizations.
It further goes on to state what these recognized organizations would
be and what their duties would be. The bill stated that any social
organization which had been established and registered for not less
than two years under the provisions of the Bombay trusts Act, 1950 or
the societies registration Act, 1860 may apply to the state government
for recognition. It further provided that the government may accord
such recognition after due enquiries. It appears that the
Andhasharadha Samiti, being an organization which would fit in this
category wanted to be at the forefront of such activities while
drafting the bill. Being a recognized organization, the Vigilance
officer would then be forced to work in co-ordination with the
organization by virtue of section 6(3). This provision has been
deleted from the December Bill.
Power of Entry, Search etc:
The Act will give tremendous powers to the Vigilance officer as he
will have the power to enter and search any premises in which he has
reason to believe that an offence has been or is being committed. He
will also have the power to seize any instruments or material or
advertisements which he has reason to believe were being used for the
commission of the crime. It also gives him the power to seize any
other objects which according to him would help prove the crime. The
provisions of the criminal procedure code would apply to any search or
seizure under the Act as would apply to any search or seizure made
under the authority of the warrant issued under section 94 of the
Criminal Procedure Code.
Protection of action taken in good faith:
Common to both bills
The provisions of section 159 and 160 of the Bombay Police Act, 1951
shall apply to acts done in good faith by the Vigilance Officer as if
he were a police officer within the meaning of that Act.
Application of the provisions of the Code:
Common to both bills
The provisions of the Code shall apply to the investigation and trial
of the offences under this Act. Both the bills also go on to state
that this Act shall be in addition to and not in derogation of any
other law for the time being in force.
Publication of the fact of conviction:
Both bills make provisions for convicting courts to order the
publication of the name and the place of residence of the person
convicted in the local newspaper where the offence has been committed.
No such publication however, may be allowed until the appeal has
finally been disposed of.
Rules:
Both bills also make provisions for the making of rules to carry out
the purposes of the Act by notification in the official gazette. The
procedure for the making, modification and the annulment of such rules
has also been provided for under the Bill.
Power to remove difficulty:
This is an extremely ambiguous provision that had been put forth in
the bill of March which was removed in the new bill. It provides that
in case the State government encounters any difficulty in giving
effect to the provisions of the Act then the Government may take such
steps by notification in the official gazette as it may deem necessary
to remove such difficulty. Such an order, however, could not be given
before the passing of two years of the commencement of the Act.
Savings:
The bill of December 2005 provides for a provision which clarifies
that the Act would not apply to acts involving religious rites and
rituals which do not affect any person mentally or physically. This
has been done in order to avoid a religious uproar. It at the same
time however, also creates certain ambiguities as many acts can be
committed under the guise of being a religious act or a religious
ritual.
Schedules:
The schedule to the bill of March specified the acts which were
considered as offences. This has almost completely been changed in the
new bill and very little of the old bill has been retained. Whereas
the first bill listed out 27 practices, the new bill lists only 12.
The schedule to the March Bill included:
1) Under the pretext of expelling the ghost, assaulting by tying a
person with rope or chain, beating by stick or whip, to make the
person drink footwear soaked water, giving chili smoke, hanging a
person to the roof, fixing him with rope or by hair or plucking his
hair causing pain by way of touching heated object to organs or body
of a person, forcing a person to perform a sexual act in the open,
practicing aghori acts by chanting mantras, putting urine or human
excretion forcibly in the mouth of a person.
This clause has completely been retained. Only the words by chanting
mantras have been removed from the new bill in order to avoid
religious opposition. Chanting mantras need not necessarily be in
connection of aghori practices and is also used for religious
practices and to connect it with aghori would have caused religious
uproar.
2) Display of so called miracles by trying to create an impression of
existence of the things beyond or contrary to proven scientific rules
and to deceive, cheat or terrorize any person by propagation and
circulation of such practices. The wording of this section has
completely been changed and it now reads as follows:
Display of so called miracles by a person and thereby earning money
and to deceive, defraud and terrorize people by propagation and
circulation of so called miracles.
The intention of the legislators here appears to be that it is not the
belief of the people that should be attacked but only the people who
want to derive monetary gain out of display of miracles who should be
attacked. Even God is beyond scientific proof but the impression of
His existence cannot be challenged. Beliefs such as these cannot be
challenged under the guise of deception or terrorism. Another question
which arises is would magicians now be allowed to display their magic
for entertaining people? Although magic is not used always to
terrorize people, it does have that effect during the performance of
certain tricks.
3) Doing any inhuman act for search of precious things, bounty, water
resource in the form of karni, bhanmati and making or trying to make
human sacrifice by making jaran-maran, buvabaaji, devi mata or dev
devaski.
The following clause has been more appropriately drafted in the latest
bill and it now reads as follows: Doing any inhuman act in search of
precious things, bounty, water resource or for similar reasons in the
name of karni, bhanamati and making or trying to make human sacrifice
in the name of jaran-maran, or dev-devaski or to advice, instigate or
encourage committing of such inhuman acts.
The words buvabaaji and devi mata have been excluded and the other
words highlighted have been included. Thus not only the act itself but
also the instigation or the propagation of the act would comprise the
offence.
4) In case of dog bite, knowingly committing the act of giving
unscientific treatment of mantra tantra, gandadora and herbs, etc. to
a person infected with rabies instead of modern medical treatment or
preventing him from accepting the same.
Only a part of this clause has been retained and other bites such as
those of a scorpion and a snake have been included. A separate clause
had been put for snake bites in the earlier bill. This has now been
included in the same clause. Thus if a person is bitten by any of
these and such a person is treated by mantra tantra and ganda dora, it
would be an offence. The usage of herbs has been excluded. It is a
proven fact that herbs have medicinal value and hence its usage has
been allowed under the present bill unlike its prohibition in the
earlier one.
5) Piercing needle, and nails or other such objects in the arm,
tongue, chicks or any other part of the body, pricking pointed objects
in the body, whipping oneself, to bang oneself on the wall of temple
with intention of fulfilling the prayer made before God or commitment,
cutting oneself with a sharp instrument on one’s forehead and on any
other part of the body or to inflict self injury or committing any act
in public place which causes pain to normal human being in the name of
religious customs or traditions. This provision has completely been
removed from the present bill.
These acts need not be committed in religious faith. People pierce
their tongues even in the name of fashion. Again, a practice which may
not make sense to a person may make sense to another because he has
faith in it. Hence, such exhaustive provisions cannot be put into the
Bill.
6) Defrauding people, in the name of God and faith to have illicit
sexual relationship with women or men either natural or unnatural,
with or without consent of the person involved.
This provision has been deleted from the present bill because these
acts have already been declared to be illegal under the Indian Penal
Code and hence they are not necessary.
Instead, the following provisions have been included:
To create an impression that oneself is having special supernatural
powers, incarnation of another person or holy spirit, or that the
devotee was his wife, husband or paramour in past birth thereby
indulging in sexual activity with such person.
To keep sexual relations with a woman who is unable to conceive
assuring her of motherhood through supernatural powers.
7) Create or to propagate of inviting spirit of God or Goddess through
any person as a medium. This has been removed from the present bill
and the following has been included:
To create an impression by declaring that a divine spirit has
influenced one’s body or that a person has possessed such divine
spirit and thereby create fear in the mind of others or to threaten
others of evil consequences for not following the advice of such
person.
This provision makes clear that it is not merely the practice of
inviting a spirit that is causing harm but the fact that it is being
propagated in society causing fear in the minds of the people. This
needs to be stopped.
8) Assuring any woman to perform gopala santan ritual in the fourth
month of her pregnancy for birth of a male child, operating stomach by
fingers, diagnosing disease by placing stone, farshi (tile) on the
head, making use of improper and harmful methods to diagnose and treat
diseases and illness; claim to have divine remedies for abortion,
contraception, enhancement of physical satisfaction in the sexual act
for men and women, increasing their sexual powers, menstruation
problems, conceiving, etc.
In the disguise of offering motherhood by performing some divine act
or magical remedy keeping sexual relations with women who are unable
to conceive, deflowering them, keeping illicit sexual relations with
them.
This has now been removed and a short provision stating that claiming
to perform surgery by fingers or claiming to change the sex of a
foetus in the womb of a woman, has been put in place.
9) To spread threat amongst the people by way of invoking by mantras,
putting up a false show to make a person free from poisonous
infection, creating an impression that there is ghostly or divine
wrath causing physical injuries and stopping a person from taking
medical treatment and instead diverting him to practice aghori acts or
deeds.
The following provision in this regard has been included instead:
To create panic in the mind of public in general by way of invoking
ghosts by mantras, or threaten to invoke ghost, putting up a false
show to make a person free from poisonous infection by invoking
mantras or similar things, creating an impression that there is
ghostly or divine wrath causing physical injuries and preventing a
person from taking medical treatment and instead diverting him to
practice aghori acts or treatment, threatening a person with death or
causing physical pains or causing financial or psychological harm by
practicing or tend to practice mantra-tantra (chetuk), black magic or
aghori act.
10) In the name of jaran maran, karni or witchcraft (chetuk),
assaulting any person, parading him naked, excommunicating or
declaring any person as outcast or to expel a person from society or
put a ban on his activities, declaring such person as possessed by
evil spirit or incarnation.
To appear in the state of complete nakedness in the public place and
misbehaving with women by treating oneself as awaliya baba or baba
with divine power.
This has now been substituted by the following two acts:
By declaring that a particular person practices karni, black magic or
brings under the influence of ghost, or diminishes the milching
capacity of a cattle by mantra tantra, or create suspicion about such
person, or similarly accusing a particular person that he brings
misfortune to others or is responsible for spread of diseases and
thereby making the living of such person miserable, troublesome or
difficult, to declare a person as Satan or incarnation of Satan.
In the name of jaran maran, karni, or witchcraft assaulting any
person, parading him naked or put a ban on his daily activities.
11) To create an impression that insanity has been caused to a person
due to influence of ghost or divine power and to conduct mantra tantra
to cure him by way of sacrifice of hen or goat or any other animal.
Cheating people in the false hope of providing freedom from madness,
offering treatment to patients of serious or terminal illnesses by
offering stones with the powers of mantras, finger ring, bangle,
jogstick or thread, tait, ganda dora, etc, with such false hope.
This has now been replaced by: To create an impression that a mentally
retarded person is having super natural power and utilizing such
person for business or occupation.
The following provisions have also been removed:
Causing disturbance in society in general or creating panic or cause
intimidation by way of chanting Mantra or Tantrik action in the name
of exorcising a ghost or to free a person from the influence of ghost
or evil spirit.
By declaring that Devi, a spirit has influenced one’s body, create
disturbance by shouting and thereby spreading threat and disturbing
the general peace, declaring the names of the persons who has done
karni, etc, thereby making the living of such a person miserable of
difficult, to provide unscientific cure to psycho somatic conditions
such as giving angara, pendant, etc. to the people. Haunting a person
with an influence of ghost by practicing witchcraft which cannot be
proved with the help of modern science. Treating any disease with the
help of mantra tantra without authorized or recognized medical degree
under the law for the time being in force. Threatening a person with
death or causing physical pains or causing financial or psychological
harm by mantra tantra (witchcraft), Black Magic or by practicing
aghori treatment.
Trying to make believe burning of things, vanishing of things,
appearance of cross marks on the body, etc, as effect of bhanamati and
claiming treatment for the same. Claiming to perform miracle by
burying oneself in the ground. Under disguise of offering God’s
blessings, cheating people by way of accepting money or any other
belongings, by unlawful means. In the name of religion, Holy
Scriptures, God and Goddesses, display of false extraordinary powers,
indulgence in free sexual relations, adopting unethical and corrupt
means for cheating and duping people. Compelling women to enter into
prostitution and committing atrocities against them, by cheating them
under blind faith. The following other provisions have been included:
With a view to receive blessings of super natural power to follow the
evil and aghori practices which cause danger to life or grievous hurt;
and to instigate, encourage or compel others to follow such practices.
Conclusion:
This is a noble effort of the legislators to put an end to the
atrocities being committed in the name of religion. Throwing people in
burning flames to cure people of Chicken Pocks, writing Ram on the
doors of the house to prevent the unholy ghost from entering the house
is becoming increasingly common these days. Although the intentions
are good, as has been seen in the past, not all legislations score
high marks where implementation is concerned. Some fail more so
because people refuse to follow them and because it appears to be
against the customs and traditions of the people. Literacy drives
would have been more appropriate for such a personal subject. No
committee has been put in place under this bill that would go around
educating people about the evil effects of these practices. Another
thing that comes across is that most of the acts named in the bill
would be offences in itself, the only difference is that their
commission under the guise of religious practice would henceforth also
be termed as an offence. Nevertheless, the success of the bill still
remains to be seen.
first draft of the anti superstition bill was tabled. It was called
the Jadu Tona Andhshradha Virodhi bill of 2003. This was the first
bill of its kind ever to be tabled anywhere across the country.
However, the bill was met with strong opposition by most parties as
the definition of superstition was considered too vast. What was
superstition and blind faith to one could possibly be belief and faith
to another. Amidst these arguments, the bill was finally passed with
some amendments. Although the bill was pending before the central
government for its approval for almost seven months, problems arose
when the elections began. The governor was of the view that since the
government was going to change, it would not be appropriate to put a
new law in place. Hence, as fate would have it, the bill did not come
into force. That however, was not the end of the journey and 2 years
later a new draft was tabled in March 2005 much like the one that was
tabled in 2003 with subtle differences and an amended version was
finally passed on the 16th of December 2005. This review examines both
the bills of 2005. The bill of 2003 was unavailable. Whereas the bill
of 2003 had been drafted by Mr. Narendra Dabholkar of the Andhashradha
Samiti, the bill of 2005 was drafted by Mr. Shyam Manav.
The Bills:
A first reading of both the bills gives one the feeling that the new
draft has included a lot more people in its purview and has also made
mild, some of the provisions of the older draft. The March draft uses
the words to protect the poor and ignorant people in the society
Against blind faith, ignorance and customs born out of blind faith in
the name of god...black magic by so called god’s men. The December
draft however uses the terminology of application to common people
customs thriving on ignorance and completely removes the usage of the
words blind faith...in the name of God and so called God’s men. It is
thus quite clear that the present bill recognizes the fact that it is
not just the poor and the ignorant who can be victims of tantriks and
babas but also the people of the upper classes that may be affected.
It also wishes to avoid opposition over the usage of the words God’s
men and in the name of God because practices and rituals practiced in
the name of God may be an expression of faith to some.
Short Title, Extent and Commencement:
The March draft of the bill was called the Maharashtra Eradication of
Black Magic and Evil Practices and Customs Act, 2005 whereas, the
final draft is called the Maharashtra Eradication of Black Magic and
Evil and aghori Practices Act, 2005.
The word Customs has been removed from the title and the word aghori
has been inserted possibly because of the difficulty in defining the
word Custom as would cater to the needs of this bill.
Definitions:
The definition clause has been severely shortened in the December
bill. The earlier bill included definitions of Black Magic. Magical
remedy. However, this has now all been covered in one clause. All the
words have the same meaning as they have been defined in The Drugs and
Magic Remedies (objectionable advertisements) Act, 1954 and the
criminal procedure code, unless, they have been expressly defined in
the bill. However, there are still certain terms such as Aghori, jaran-
maran, buvabaaji, devi mata or dev devaski which find no definition in
the Bill.
A rather large definition had been provided for in the March bill for
practice of Black Magic or blind faith. It included practice by a
person or through another by claiming to possess supernatural powers
or divine powers or power of the spirit for treatment or for curing or
for healing physical and mental ailments thereby causing material or
financial loss to a human being. This definition would have thus
included other varied practices such as Voodoo, Wicca and Reiki. This
however has completely been removed from the present bill. This is
probably one of the biggest reasons why the present bill was labeled
as anti-hindu, because it does not seem to cover the practices of
other religions such as Islam and Christianity.
A noticeable change is that of the inclusion of Doctors and medical
practitioners in the present bill. The earlier bill expressly excluded
this class of people. This would have given a license to doctors to
practice black magic; hence it has rightly been included.
Registered medical practitioner as defined under the Drugs and Magic
Remedies Act 1954, means any person, -
(i) who holds a qualification granted by an authority specified in, or
notified under Section 3 of the Indian Medical Degrees Act, 1916 (7 of
1916) specified in the Schedules to the Indian Medical Council Act
1956 (102 of 1956); or
(ii) who is entitled to be registered as a medical practitioner under
any law for the time being in force ;in any State to which this Act
extends relating to the registration of medical practitioner;
Prohibition of Black Magic:
Both the bills prohibit the promotion, propagation and the practice of
Black Magic. The December Bill also prohibits the promotion, practice
and propagation of aghori practices. This also included people who
abet or attempt to commit any act punishable under this Act.
The March Bill provided that any person who contravenes the provisions
of the Act would be punishable with a term extending to seven years or
with a fine extending to fifty thousand rupees or with both. The
revised version of the bill however provides a minimum sentence of six
months extending to seven months along with a fine, the minimum limit
of which is provided at fifty thousand rupees. Hence the amended bill
comprehensively necessitates the imposition of both imprisonment and
fine.
Jurisdiction to try offences:
Both bills declare the offences punishable under the Act as cognizable
and non-bailable. No court inferior to that of a Metropolitan
Magistrate or a Magistrate of the First Class is permitted to try any
offence under the Act.
Offences by companies:
Both bills provide that if any offence is committed by a company then
every person in charge of and responsible to the company at the time
of commission of the offence for the conduct of its business would be
deemed guilty. It however, expressly excludes people who did not have
knowledge of the commission or people who had exercised all diligence
to prevent its commission. It also provides that if such an act is
committed with the consent or due to the neglect of any director or
manager or secretary or any other officer of the company who is
responsible for the exercise of due care then such a person would also
be deemed to be guilty under the Act.
A separate definition has been provided for a company under both the
bills which includes firms, an association of persons or body of
individuals, whether incorporated or not. Where the March Bill
includes trusts in the definition of a company, the December bill does
not. The reason for the exclusion of the same is unclear.
Vigilance officer:
There is a slight difference in the manner of defining the vigilance
officer in both the bills. The March draft provided that the vigilance
officer, who would be one or more police officers of the rank of an
inspector of Police, would be appointed for the whole State or such
part of the State as may be specified. However, the December draft now
changes this to one or more police officers for one or more police
stations as may be specified. The December bill thus does away with
the ambiguity of appointed police officers for parts of the State.
Where the duties of the Vigilance officer are concerned, most of the
duties remain the same. The earlier bill however, empowered the
officer to detect and prevent the contravention of the Act and to
report cases to the nearest police station within his jurisdiction.
However, the present bill lays a greater duty on the vigilance officer
because it requires him to take quick and speedy action in case a
complaint is filed at the police station by a victim. It also requires
him to give necessary advice, guidance and help to the concerned
police station. The rest of the duties such as collection of evidence,
performance of other duties as notified from time to time remain the
same under both the bills.
The March bill however, provided that the Vigilance officer shall
associate himself with the members of recognized organizations within
the area of his jurisdiction and co-ordinate with such organizations.
It further goes on to state what these recognized organizations would
be and what their duties would be. The bill stated that any social
organization which had been established and registered for not less
than two years under the provisions of the Bombay trusts Act, 1950 or
the societies registration Act, 1860 may apply to the state government
for recognition. It further provided that the government may accord
such recognition after due enquiries. It appears that the
Andhasharadha Samiti, being an organization which would fit in this
category wanted to be at the forefront of such activities while
drafting the bill. Being a recognized organization, the Vigilance
officer would then be forced to work in co-ordination with the
organization by virtue of section 6(3). This provision has been
deleted from the December Bill.
Power of Entry, Search etc:
The Act will give tremendous powers to the Vigilance officer as he
will have the power to enter and search any premises in which he has
reason to believe that an offence has been or is being committed. He
will also have the power to seize any instruments or material or
advertisements which he has reason to believe were being used for the
commission of the crime. It also gives him the power to seize any
other objects which according to him would help prove the crime. The
provisions of the criminal procedure code would apply to any search or
seizure under the Act as would apply to any search or seizure made
under the authority of the warrant issued under section 94 of the
Criminal Procedure Code.
Protection of action taken in good faith:
Common to both bills
The provisions of section 159 and 160 of the Bombay Police Act, 1951
shall apply to acts done in good faith by the Vigilance Officer as if
he were a police officer within the meaning of that Act.
Application of the provisions of the Code:
Common to both bills
The provisions of the Code shall apply to the investigation and trial
of the offences under this Act. Both the bills also go on to state
that this Act shall be in addition to and not in derogation of any
other law for the time being in force.
Publication of the fact of conviction:
Both bills make provisions for convicting courts to order the
publication of the name and the place of residence of the person
convicted in the local newspaper where the offence has been committed.
No such publication however, may be allowed until the appeal has
finally been disposed of.
Rules:
Both bills also make provisions for the making of rules to carry out
the purposes of the Act by notification in the official gazette. The
procedure for the making, modification and the annulment of such rules
has also been provided for under the Bill.
Power to remove difficulty:
This is an extremely ambiguous provision that had been put forth in
the bill of March which was removed in the new bill. It provides that
in case the State government encounters any difficulty in giving
effect to the provisions of the Act then the Government may take such
steps by notification in the official gazette as it may deem necessary
to remove such difficulty. Such an order, however, could not be given
before the passing of two years of the commencement of the Act.
Savings:
The bill of December 2005 provides for a provision which clarifies
that the Act would not apply to acts involving religious rites and
rituals which do not affect any person mentally or physically. This
has been done in order to avoid a religious uproar. It at the same
time however, also creates certain ambiguities as many acts can be
committed under the guise of being a religious act or a religious
ritual.
Schedules:
The schedule to the bill of March specified the acts which were
considered as offences. This has almost completely been changed in the
new bill and very little of the old bill has been retained. Whereas
the first bill listed out 27 practices, the new bill lists only 12.
The schedule to the March Bill included:
1) Under the pretext of expelling the ghost, assaulting by tying a
person with rope or chain, beating by stick or whip, to make the
person drink footwear soaked water, giving chili smoke, hanging a
person to the roof, fixing him with rope or by hair or plucking his
hair causing pain by way of touching heated object to organs or body
of a person, forcing a person to perform a sexual act in the open,
practicing aghori acts by chanting mantras, putting urine or human
excretion forcibly in the mouth of a person.
This clause has completely been retained. Only the words by chanting
mantras have been removed from the new bill in order to avoid
religious opposition. Chanting mantras need not necessarily be in
connection of aghori practices and is also used for religious
practices and to connect it with aghori would have caused religious
uproar.
2) Display of so called miracles by trying to create an impression of
existence of the things beyond or contrary to proven scientific rules
and to deceive, cheat or terrorize any person by propagation and
circulation of such practices. The wording of this section has
completely been changed and it now reads as follows:
Display of so called miracles by a person and thereby earning money
and to deceive, defraud and terrorize people by propagation and
circulation of so called miracles.
The intention of the legislators here appears to be that it is not the
belief of the people that should be attacked but only the people who
want to derive monetary gain out of display of miracles who should be
attacked. Even God is beyond scientific proof but the impression of
His existence cannot be challenged. Beliefs such as these cannot be
challenged under the guise of deception or terrorism. Another question
which arises is would magicians now be allowed to display their magic
for entertaining people? Although magic is not used always to
terrorize people, it does have that effect during the performance of
certain tricks.
3) Doing any inhuman act for search of precious things, bounty, water
resource in the form of karni, bhanmati and making or trying to make
human sacrifice by making jaran-maran, buvabaaji, devi mata or dev
devaski.
The following clause has been more appropriately drafted in the latest
bill and it now reads as follows: Doing any inhuman act in search of
precious things, bounty, water resource or for similar reasons in the
name of karni, bhanamati and making or trying to make human sacrifice
in the name of jaran-maran, or dev-devaski or to advice, instigate or
encourage committing of such inhuman acts.
The words buvabaaji and devi mata have been excluded and the other
words highlighted have been included. Thus not only the act itself but
also the instigation or the propagation of the act would comprise the
offence.
4) In case of dog bite, knowingly committing the act of giving
unscientific treatment of mantra tantra, gandadora and herbs, etc. to
a person infected with rabies instead of modern medical treatment or
preventing him from accepting the same.
Only a part of this clause has been retained and other bites such as
those of a scorpion and a snake have been included. A separate clause
had been put for snake bites in the earlier bill. This has now been
included in the same clause. Thus if a person is bitten by any of
these and such a person is treated by mantra tantra and ganda dora, it
would be an offence. The usage of herbs has been excluded. It is a
proven fact that herbs have medicinal value and hence its usage has
been allowed under the present bill unlike its prohibition in the
earlier one.
5) Piercing needle, and nails or other such objects in the arm,
tongue, chicks or any other part of the body, pricking pointed objects
in the body, whipping oneself, to bang oneself on the wall of temple
with intention of fulfilling the prayer made before God or commitment,
cutting oneself with a sharp instrument on one’s forehead and on any
other part of the body or to inflict self injury or committing any act
in public place which causes pain to normal human being in the name of
religious customs or traditions. This provision has completely been
removed from the present bill.
These acts need not be committed in religious faith. People pierce
their tongues even in the name of fashion. Again, a practice which may
not make sense to a person may make sense to another because he has
faith in it. Hence, such exhaustive provisions cannot be put into the
Bill.
6) Defrauding people, in the name of God and faith to have illicit
sexual relationship with women or men either natural or unnatural,
with or without consent of the person involved.
This provision has been deleted from the present bill because these
acts have already been declared to be illegal under the Indian Penal
Code and hence they are not necessary.
Instead, the following provisions have been included:
To create an impression that oneself is having special supernatural
powers, incarnation of another person or holy spirit, or that the
devotee was his wife, husband or paramour in past birth thereby
indulging in sexual activity with such person.
To keep sexual relations with a woman who is unable to conceive
assuring her of motherhood through supernatural powers.
7) Create or to propagate of inviting spirit of God or Goddess through
any person as a medium. This has been removed from the present bill
and the following has been included:
To create an impression by declaring that a divine spirit has
influenced one’s body or that a person has possessed such divine
spirit and thereby create fear in the mind of others or to threaten
others of evil consequences for not following the advice of such
person.
This provision makes clear that it is not merely the practice of
inviting a spirit that is causing harm but the fact that it is being
propagated in society causing fear in the minds of the people. This
needs to be stopped.
8) Assuring any woman to perform gopala santan ritual in the fourth
month of her pregnancy for birth of a male child, operating stomach by
fingers, diagnosing disease by placing stone, farshi (tile) on the
head, making use of improper and harmful methods to diagnose and treat
diseases and illness; claim to have divine remedies for abortion,
contraception, enhancement of physical satisfaction in the sexual act
for men and women, increasing their sexual powers, menstruation
problems, conceiving, etc.
In the disguise of offering motherhood by performing some divine act
or magical remedy keeping sexual relations with women who are unable
to conceive, deflowering them, keeping illicit sexual relations with
them.
This has now been removed and a short provision stating that claiming
to perform surgery by fingers or claiming to change the sex of a
foetus in the womb of a woman, has been put in place.
9) To spread threat amongst the people by way of invoking by mantras,
putting up a false show to make a person free from poisonous
infection, creating an impression that there is ghostly or divine
wrath causing physical injuries and stopping a person from taking
medical treatment and instead diverting him to practice aghori acts or
deeds.
The following provision in this regard has been included instead:
To create panic in the mind of public in general by way of invoking
ghosts by mantras, or threaten to invoke ghost, putting up a false
show to make a person free from poisonous infection by invoking
mantras or similar things, creating an impression that there is
ghostly or divine wrath causing physical injuries and preventing a
person from taking medical treatment and instead diverting him to
practice aghori acts or treatment, threatening a person with death or
causing physical pains or causing financial or psychological harm by
practicing or tend to practice mantra-tantra (chetuk), black magic or
aghori act.
10) In the name of jaran maran, karni or witchcraft (chetuk),
assaulting any person, parading him naked, excommunicating or
declaring any person as outcast or to expel a person from society or
put a ban on his activities, declaring such person as possessed by
evil spirit or incarnation.
To appear in the state of complete nakedness in the public place and
misbehaving with women by treating oneself as awaliya baba or baba
with divine power.
This has now been substituted by the following two acts:
By declaring that a particular person practices karni, black magic or
brings under the influence of ghost, or diminishes the milching
capacity of a cattle by mantra tantra, or create suspicion about such
person, or similarly accusing a particular person that he brings
misfortune to others or is responsible for spread of diseases and
thereby making the living of such person miserable, troublesome or
difficult, to declare a person as Satan or incarnation of Satan.
In the name of jaran maran, karni, or witchcraft assaulting any
person, parading him naked or put a ban on his daily activities.
11) To create an impression that insanity has been caused to a person
due to influence of ghost or divine power and to conduct mantra tantra
to cure him by way of sacrifice of hen or goat or any other animal.
Cheating people in the false hope of providing freedom from madness,
offering treatment to patients of serious or terminal illnesses by
offering stones with the powers of mantras, finger ring, bangle,
jogstick or thread, tait, ganda dora, etc, with such false hope.
This has now been replaced by: To create an impression that a mentally
retarded person is having super natural power and utilizing such
person for business or occupation.
The following provisions have also been removed:
Causing disturbance in society in general or creating panic or cause
intimidation by way of chanting Mantra or Tantrik action in the name
of exorcising a ghost or to free a person from the influence of ghost
or evil spirit.
By declaring that Devi, a spirit has influenced one’s body, create
disturbance by shouting and thereby spreading threat and disturbing
the general peace, declaring the names of the persons who has done
karni, etc, thereby making the living of such a person miserable of
difficult, to provide unscientific cure to psycho somatic conditions
such as giving angara, pendant, etc. to the people. Haunting a person
with an influence of ghost by practicing witchcraft which cannot be
proved with the help of modern science. Treating any disease with the
help of mantra tantra without authorized or recognized medical degree
under the law for the time being in force. Threatening a person with
death or causing physical pains or causing financial or psychological
harm by mantra tantra (witchcraft), Black Magic or by practicing
aghori treatment.
Trying to make believe burning of things, vanishing of things,
appearance of cross marks on the body, etc, as effect of bhanamati and
claiming treatment for the same. Claiming to perform miracle by
burying oneself in the ground. Under disguise of offering God’s
blessings, cheating people by way of accepting money or any other
belongings, by unlawful means. In the name of religion, Holy
Scriptures, God and Goddesses, display of false extraordinary powers,
indulgence in free sexual relations, adopting unethical and corrupt
means for cheating and duping people. Compelling women to enter into
prostitution and committing atrocities against them, by cheating them
under blind faith. The following other provisions have been included:
With a view to receive blessings of super natural power to follow the
evil and aghori practices which cause danger to life or grievous hurt;
and to instigate, encourage or compel others to follow such practices.
Conclusion:
This is a noble effort of the legislators to put an end to the
atrocities being committed in the name of religion. Throwing people in
burning flames to cure people of Chicken Pocks, writing Ram on the
doors of the house to prevent the unholy ghost from entering the house
is becoming increasingly common these days. Although the intentions
are good, as has been seen in the past, not all legislations score
high marks where implementation is concerned. Some fail more so
because people refuse to follow them and because it appears to be
against the customs and traditions of the people. Literacy drives
would have been more appropriate for such a personal subject. No
committee has been put in place under this bill that would go around
educating people about the evil effects of these practices. Another
thing that comes across is that most of the acts named in the bill
would be offences in itself, the only difference is that their
commission under the guise of religious practice would henceforth also
be termed as an offence. Nevertheless, the success of the bill still
remains to be seen.
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