The recent stampede at a religious congregation in Hathras, Uttar Pradesh, resulting in more than 120 deaths, has reignited the debate on whether India has adequate legislation to address exploitative religious and superstitious practices. Experts have advocated for a national law akin to existing legislation in Maharashtra and Karnataka to effectively address superstition, black magic, witch-hunting, and other inhuman practices. Does India have enough laws to combat superstitious practices? Avinash Patil and Alok Prasanna Kumar discuss the question in a conversation moderated by Aaratrika Bhaumik.
Edited excerpts:
Is there a need for a national anti-superstition law or are the existing State laws and criminal law provisions adequate?
Avinash Patil: For the last two decades, my organisation has been demanding the enactment of a central law to combat superstitious practices. The existing criminal law statutes do not have any dedicated provisions targeting such practices. As a result, police authorities are often reluctant to register cases against the fraudulent activities of godmen. While the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, exists, it contains numerous loopholes. Therefore, a law, modelled on the Maharashtra and Karnataka State laws, must be implemented nationwide.
Alok Prasanna: If we were to take the example of the Karnataka law, a common criticism is its broad definitions of ‘evil practices’. This ambiguity can make it difficult to distinguish religious beliefs from superstitions. For instance, is making donations to one’s church or temple exploitative and thus an evil practice? State governments are often more attuned to the needs and traditions of the local population. Given India’s diversity, a national law might impose sweeping generalisations that could inadvertently empower already dominant communities. Thus, State-specific laws are preferable because they can better accommodate local practices and realities.
A common criticism against the State laws is that they employ expansive and vague definitions, allowing enforcing authorities subjective and potentially discriminatory powers. Do you share these concerns?
Alok Prasanna: There will never be one commonly acceptable definition of what a superstition is. For me, it is about instilling a sense of fear and being forced to undertake degrading practices. Take, for example, the snana ritual in Karnataka where Dalits are made to roll over the leftover food eaten by Brahmins to attain punya. There should, however, be more restrictive definitions to curb any misuse by linking the practice to some specific harm caused to the concerned individual. Nonetheless, there will always be scope for grey areas, which we have to be open to debating.
Explained |What are the laws against black magic and superstition in India?
Avinash Patil: Following the enactment of a national legislation, individual States can introduce specific amendments addressing local concerns to enhance the law’s effectiveness. These amendments can also include additional clauses to refine and narrow down definitions.
Mr. Patil, based on your experience, what are the challenges in implementing these laws at the grassroots level?
Avinash Patil: There is an acute lack of sensitisation when it comes to law-enforcement agencies. Police officers are often constrained by cultural sensibilities and biases which prevent them from addressing these issues with a scientific bent of mind. Significant effort is required to persuade the police to file FIRs in such cases, and even when they do, investigations are often compromised by political influence, leading to low conviction rates. Moreover, caste discrimination is a facet of superstitious beliefs that often goes unnoticed. This underscores the importance of conducting training programmes for all echelons of the police force since they are typically the first responders.
Mr. Kumar, many oppose such laws due to their potential conflict with the fundamental right to profess one’s religion under Article 25 of the Constitution. How can we strike a balance between protecting the public interest and ensuring that these laws withstand constitutional scrutiny?
Alok Prasanna: Article 25 permits reasonable restrictions on the grounds of public order, morality, and health. Justice Arnould’s opinion in the Maharaja Libel case before the Bombay High Court encapsulates this wonderfully – “that what is morally wrong cannot be theologically right”. So, you cannot say that your religious belief permits you to do something that is morally unconscionable. Thus, practices that are inherently exploitative will also fall foul of other fundamental rights, including the right to life and the protection against untouchability.
Is it important for these laws to prioritise restorative measures instead of just being punitive in nature? For instance, studies have shown that victims of witch-hunting in States such as Jharkhand, Chhattisgarh, and Maharashtra frequently endure social ostracisation, which severely limits their access to essential resources and services.
Avinash Patil: Yes, the laws must focus on restorative justice. However, there is a notable lack of political resolve when it comes to implementing social security measures for victims of such crimes. Witch-hunting persists as a serious problem in tribal districts, where women from socially and economically disadvantaged communities are often targeted. Despite tribal communities constituting about 8% of India’s population, dedicated welfare schemes for victims of witch-hunting are conspicuously absent. To address this disparity, comprehensive training programmes are essential for key stakeholders such as public health workers, schoolteachers, and district magistrates. This would enable them to effectively support and provide redress for victims seeking assistance. Additionally, establishing a victim compensation fund is essential to meet the immediate and long-term needs of victims affected by such practices.
Alok Prasanna: Even though the Constitution has come into existence, we still have a very colonial state. Authorities are adept at arresting and prosecuting individuals when instructed, but they often struggle when tasked with providing restorative justice. Ideally, implementing such mechanisms would require a fundamental rethinking of how the Indian state operates. It is also important to ensure that these laws are not weaponised against the Adivasi communities. At the core of many issues related to witch-hunting are property disputes. There is a prevalent fear that women inheriting property may contravene community norms, so a conspiracy is hatched to attack them.
Are laws enough to curb superstitions? What more can be done especially since cultural sensibilities tend to pose a significant hurdle in framing or implementing such laws?
Alok Prasanna: There is an interesting phenomenon unfolding across the country where people are increasingly retreating into the arms of godmen, spanning across religions. It is important to reflect on why people no longer feel a sense of protection from the state or their own community, prompting them to seek refuge in blind faith. Consider the case of Bhole Baba, a former police constable who claims to be the voice of some divine being. His congregation attracted not just a small group, but lakhs of people. This suggests a larger societal issue beyond isolated incidents of misguided faith. I think that is what worries me more and we must investigate what is the deeper cause.
Avinash Patil: Many people believe that such superstitious beliefs are for their own good, which enables godmen to deceive them. There is a widespread tendency to seek solace in spirituality at the cost of rationality. It is crucial to move beyond this mindset and embrace scientific temperament in our daily lives. We have forgotten to question, which reflects a failure of our education system and state institutions. It is high time that state authorities abide by their constitutional duty to promote rational thinking and scientific practices.
Avinash Patil is the President of the Maharashtra Andhashraddha Nirmulan Samiti (MANS); Alok Prasanna Kumar is the Co-Founder and Lead of Vidhi Karnataka.
