Witchhunt or defence against dark arts?

If the government wants to initiate a Bill, it does so either when the incidence of a particular activity is on the rise and/or when the existing laws are seen to be inadequate. The state Home department and the Mumbai Police told us that all offenses mentioned in the Bill were covered by existing sections of the Indian Penal Code. Also, only 17 cases of witchcraft and black magic have been registered in Mumbai in the last five years and 192 in Maharashtra. Surely, we don’t need a separate Bill to deal with this. The Andhashraddha Nirmoolan Samiti is using the Bill to fulfil its agenda.

There are grey areas in the draft. For example, the provision for third party complaints is dangerous. Anyone who objects to my way of faith or worship can file a complaint. Why should a third party be allowed to intervene if I am not suffering or have no grouse? The law would restrict many religious practices. Basic rites like pujas will be brought under its purview. Clause 13 (Savings) excludes any act that doesn’t cause physical, mental or financial damage. But then, there is hardly any rite that doesn’t have physical, mental or financial implications. Even a fast can be challenged on grounds of physical and mental agony. Pujas will be blocked because you give alms to the priest. Traditional Indian medicine will suffer. We are not opposed to the concept of the Bill. Most babas are quacks. But leave traditional customs out.

This Bill will not affect everyday religious rituals

Shyam Manav, Andhashraddha Nirmoolan Samiti

Having worked towards dispelling superstition for 23 years, I can say that this Bill is necessary. Superstition is rife all over Maharashtra, even Mumbai. A large number of people practice black magic and con the innocents. Also, innocents are victimised and assaulted under suspicion of having practised black magic. Don’t go by the number of cases reported. Complaints are registered under the IPC and people are booked for assault, abuse or murder, but not specifically for practising black magic or human sacrifice. Also, the act would make sure that even abusing or assaulting someone for practising witchcraft would land you in jail. That should put an end to witchhunts that claim innocent lives.

There is no legal repetition. Take for example the Domestic Violence Act. There were IPC provisions covering the offenses, but there was a need for a specific law. It will not affect any practice unless it’s at the expense of someone’s else. Performing miracles is okay, unless you are extorting money by such shows. Lakhs of women claim to be possessed, but as long as they are not exploiting people, there’s no problem.

The organisations opposing this Bill are run by babas whose business will be affected by this legislation. If the Bill was to affect religious practices as alleged by these groups, why aren’t organisations like VHP and RSS opposing it?

What the Bill states:

Forbids practice or propagation of black magic, and evil and aghori practices

Prohibits abuse, assault under the pretext of removing ghost

Prohibits display of miracles to earn money, deceive or terrorise people

Prohibits acts to receive blessings from supernatural powers which cause hurt

Prohibits inhuman act in quest of bounty, water resource or similar benefits

Prohibits creating fear in the minds of people or threatening them by creating an impression that a divine spirit has entered the body

Prohibits claims of performing surgery by fingers, of changing the sex of a
foetus.

Prohibits creating an impression that a mentally retarded person possesses supernatural powers.

The Bill doesn’t apply to the acts involving religious rites and rituals which do not adversely affect any person mentally, physically or financially.

A lawyer’s take

The Bill is badly drafted. The language does not convey the intention behind the Bill. It is too broad-based and several aspects of it are not needed. We do need a separate Act addressing superstitions, but it needs to be on a national level. I think the entire country is equally superstition ridden. — Anand Grover, Advocate

http://www.dnaindia.com/report.asp?NewsID=1061293