New Delhi: In the sensational murder case of Meerut, the wife along with her lover killed her husband. Both of them cut Saurabh's body into 15 pieces and filled them in a drum and sealed it with cement. At present, both the accused have been arrested. It is being told that after the murder, both of them went to Shimla for a trip. Police suspect that the accused Sahil was also involved in Tantra-Mantra. Things like ganja, photo of Satan have been found from his room. This murder case has once again sparked a new debate about superstition and crime related to black magic. On social media, people are advocating for adequate laws to deal with such cases in India. He says that like the laws of Maharashtra and Karnataka, there should be a central law at the national level. Know what is black magic, what are the laws in India regarding it.
Wife asked to kill the accused by posing as his dead mother
According to the police, the accused wife Muskan had created a fake ID on Snap Chat. She told Sahil that her dead mother had come and asked him to kill Saurabh. Sahil believed these things. Muskan had asked her friends about a place where the goods could be buried after performing the puja.
Stampede at religious gathering in Hathras, 121 dead
In July last year, 121 people died in a stampede at a religious gathering in Hathras, UP. Since then, the debate had started again on whether there are enough laws in India to deal with exploitative religious and superstitious practices. Experts have advocated a national central law similar to the laws in Maharashtra and Karnataka to deal with superstition, black magic, witch-craft and other inhuman practices.
There is no law on black magic in the Indian Judicial Code
The Indian Judicial Code (BNS) provides punishment for related crimes like kidnapping and murder. However, there is no provision for punishment for harming others by promoting superstition and old beliefs. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 exists, but it has many flaws. There are also flaws in the state laws. The broadness of the state laws and the ambiguity in the definitions allow the authorities to adopt a subjective and discriminatory attitude.
Witchcraft and Human Sacrifices
What is superstition, understand its meaning
Superstition means excessive fear of God. It is a kind of belief born of ignorance or fear that encourages showing devotion and obsession towards some supernatural power. Superstition is spread in almost all countries, religions, cultures, communities and regions of the world.
Know what is black magic or witchcraft
Black magic is also known as witchcraft. It includes actions inspired by superstition. It is believed that it can affect both living and non-living things. It is evil at its core and it is believed that through this, one can fulfill his selfish interests by using supernatural powers. This can harm or benefit a person physically, mentally, financially or in any other way. In common parlance, people involved in black magic can be called tantrik, witch-doctor, exorcist baba, maulvi or father etc.
6 murders related to human sacrifice in 2021, black magic behind 68
According to the report of the National Crime Records Bureau (NCRB), there were six deaths related to human sacrifice in the year 2021, while witchcraft was the reason for 68 murders. Two cases of human sacrifice were reported in Kerala and the highest number of witchcraft cases were registered in Chhattisgarh (20). It was followed by Madhya Pradesh and Telangana. At the same time, in the year 2020, 88 deaths occurred in India due to witchcraft and 11 deaths were due to human sacrifice.
Witch-related cases came to light in 12 states
According to a study by an NGO in the year 2021, cases of witch-declaration were reported in 12 states, while between the years 1999 to 2013, 2,300 murders were committed on the charges of witches/witches across the country.
Which states have laws against black magic?
Laws have been made in many states against black magic and superstition. Bihar became the first state in the country to make a law in this direction in 1999. This law was made to stop witchcraft, identify a woman as a witch and to end atrocities on women, their humiliation and their murder.
What is the Witch Prevention Law of Bihar and Jharkhand?
Witch has been defined in the Bihar Dayan (Daain) Pratha Nivaran Act, 1999. If a person nominates someone as a 'witch' and acts to assist in this, he can be imprisoned for up to three months or fined Rs 1,000 or both. In case of physical or mental torture, the jail term can be extended to six months and the fine can be up to Rs 2,000. All crimes under this Act are cognizable and non-bailable.
Witch is called Tonhi in Chhattisgarh
In Jharkhand, witch is called 'Tonhi' and Tonhi Pratha Nivaran Act, 2005 is applicable there. According to this law, if found guilty, the punishment can be up to three years of rigorous imprisonment along with fine. If the victim is mentally or physically tortured, then there can be imprisonment up to 5 years.
Similar laws in Jharkhand and Odisha too
Jharkhand also made a law called Dain Pratha Nivaran Act in the year 2001. But, it was not very effective. To deal with the increasing cases of witch-hunting in Odisha, Odisha Witch-Hunting Nivaran Act, 2013 was passed. This law provides for imprisonment up to seven years and fine for the culprits. It also provides punishment for the witch-hunter or the person doing black magic.
Maharashtra has strict law on human sacrifice
Maharashtra has passed the Human Sacrifice and Other Inhuman, Immoral and Aghori Practices and Black Magic Prevention and Eradication Act, 2013. It can lead to imprisonment for a minimum of six months and a maximum of seven years and a maximum fine of Rs 50,000.
Provision of punishment up to 7 years in Rajasthan
Rajasthan has implemented the Rajasthan Witch-Hunting Prevention Act, 2015. There is also a provision of imprisonment for a minimum of one year and a maximum of seven years and a fine of at least Rs 50,000 for the crimes mentioned in this Act.
Witch hunting law is applicable in Assam
In Assam, the Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015 (President's assent in the year 2018) imposes a complete ban on witch hunting. Under this, there is a provision of punishment up to seven years and a fine of up to Rs 5 lakh can also be imposed.
Inhuman evil practice and black magic law in Karnataka
The Karnataka Inhuman Evil Practice and Black Magic Prevention and Eradication Act, 2017, came into force in January 2020 in Karnataka. This law prohibits many practices related to black magic and superstition (such as fire walking).
Why such laws are not strictly enforced
The law faces many challenges. Enforcement agencies lack sensitivity. Police officers are often gripped by cultural sensitivities and prejudices, which shows the lack of a scientific approach in solving these issues. The punitive nature of the law makes it challenging to reach the root of the problem and eradicate it.
Does the fundamental rights of the Constitution also come in the way?
Being against constitutional rights is also a challenge. Many people oppose laws related to superstition, as they conflict with the fundamental right of a person to practice religion under Article 25 of the Constitution. Apart from this, political interference is also a big problem. Caste discrimination is also an important aspect of superstitions that is not taken into account. Lack of scientific thinking is also an important challenge. We should remember that science and education are the most powerful weapons to remove superstitions.
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