Analysis : What experts say? – Part 2

True face of draconian law

For sake of clarity, we have divided the analysis in four parts similar to that in draft of the bill. Also please note that Andha-shraddha Nirmoolan Samiti i.e. Anti-superstition org. is referred below as A.N.S.

Anlaysis by experts: Part 1 | Part 2 | Part 3 | Part 4

B. The Sections within the Act.

1. The Preface

Section 1:
Observation: In the beginning it was said that this Law would apply to all the religions. Why was this sentence removed? For this, it would be necessary to get the consent and opinion of the people of all religions and why did the Govt. not do this?

2. The word Superstition not defined

Section 2(b):

Observation: They have mentioned the word, “Blind Faith” in the preamble but in the bill they have avoided to state what constitutes difference between Faith and Blind Faith, it has become clear that they have intentionally avoided giving the definition of the word Andhashraddha “Superstition” i.e. blind faith. While naming the law, the word “Andhavishwas” have been intentionally avoided.

3. Ban on the Vedas and all Religious Books.

Section 2(d):
In this act it is considered a crime to believe and spread information about divine power. Hence all the religious books, e.g. The Vedas (Also 4th Ved, i.e. Atharvaved consists of many Jadu-Tona i.e. Blackmagic methods), The Gita, The Mahabharat and The Ramayan, would be banned and the Saints who spread their message shall be arrested under culpable and punishable offence under this act.

4. Arrangement that the Saints and Devotees shall not get Bail.

Section 3. Sub Section (4)

Observation: According to this act the offence shall be a cognizable, non-bailable offence. So the police shall be unable to give bail to the people arrested under this law. Only the courts of the Metropolitan Magistrates and the First Class Magistrate’s shall have the authority to do so. If one is arrested on a holiday then it is likely that one may have to wait for some days for bail to be obtained. As per the law this is a cognizable offence and so obtaining bail with this law is next to impossible. Prof. Shyam Manav (head of A.B.A.N.S. & involved in making this law) has held a press conference after the Law was passed in the Assembly, in the press note he says, “We have taken the precaution that person arrested within this law will not be able to go free”.

5. Ploy to finish off the Sects and Saints.

Section 5. Subsection 2:

Observation: They have intentionally included this section, which is applicable to undertakings, organizations and Trusts and companies. The Govt. states that it’s intention to stop Mantriks, Tantrums and persons doing black magic by this law. Prima-facie, it appears this law is aimed at the hypocritical mantiks and tantriks. But this is just a bluff; as the hypocritical tantriks –mantrik, (persons who claim to break spells, remedy like amulet, remove ghosts and demons), do not work by establishing the organization or trusts and neither are such people helped by companies and undertakings. So it can be understood that this Section has been intentionally inserted to catch the Hindu Saints, Varkari Sampradaya and other sects, trusts organizations and companies.

Recently the SiddhivinayakTemple Trust had asked through the newspapers to submit spiritual experience about this temple. Such an appeal can get the Temple trust into trouble. There is a great possibility of Police corruption due to this law.

6. Wrong Section

Sections 6 Sub Section 2:

Observation: Allowing other people, the liberty to complain is wrong as it can be misused greatly.

7. Unlimited powers to the Vigilance officer

Section 6 subsection 3, Section 7 sub Section 1, Section 7 Sub Section 1(2):

Observation: The Vigilance officer has been given the right to enter any place at any time and arrest a person only on suspicion, he also has been given the liberty to search anywhere and confiscate any thing. Besides this anyone obstructing him is liable to be put in prison for three months and imposed penalty. The Hindu religious places have certain norms as to who should enter the premises and how they should do so to preserve the sanctity and purity of the place. These rules and norms will not be applicable to the Vigilance officer. Besides if he is an atheist or a Hindu despiser then this officer can do immense misbehaviour, which could cause hardships to the devotees. Prof. Manav has said this recently in a public programme “The law can be misused like all others”.

7. (1) (one) As per the Law the vigilance officer can enter and search any premise along with anyone he recruits as an assistant. Because of this authority, the members of the Andha-shraddha Nirmoolan Samiti will get the opportunity to take action against the devotees. There is a great possibility that ANS will use this to take revenge against the Saints. As they have continously criticized H.H.Narendra Maharaj, H.H.Aniruddha Bapu, H.H. Asaramji Bapu and many other saints and their Devotee, there is no doubt that they will use this opportunity to take their revenge on them.

8. The grade of the A.N.S. Vigilance Officer is permanent.

Section 8:

Observation: The Mumbai Police Act 160 gives the grade of a police officer to any person who is given the right by the Government or the Police or the Vigilance officer the authority. And the person can take action to impose the law. The Government of Maharashtra has founded a Government Committee to uproot “Superstition”; and filled it with the office bearers of A.N.S. Therefore it will not be difficult for them to get such rights from the Government. In Section 8 of the previous draft Law made by Prof. Manav various organizations had been given parallel or equal rights as the vigilance officers. This same right has been included in a different guise.

9. Misleading Assurance of a Practical Attitude!

Section 13:

Observation: One has to take physical or psychological efforts or monetary harm when one performs any act. Religious acts of pooja, ritualistic worship, Religious discourses or any other religious act cannot be an exception to this universal rule. Thus, to phrase this law in a different way to reassure the public is a cruel prank. It proves that this Law is fact applicable to “religious” activities. The Constitution has given Indian Citizens right to religious freedom. This Black Law denies that right.

Anlaysis by experts: Part 1 | Part 2 | Part 3 | Part 4