Anti Faith Bill Draft

L.A. BILL No.LXXXIX OF 2005 Preamble A BILL To bring social awakening and awareness in the society and to create a healthy and safe social environment with a view to protect the common people in the society against the evil and sinister practices and customs thriving, on ignorance, and to combat and eradicate the evil, sinister and aghori practices born out of beliefs propagated in the name of some so called divine or supernatural or magical powers or evil spirits commonly known as Black magic by quacks and conmen with sinister motive of exploiting and harming mentally physically and financially the common people in the society and thereby destroying the very social fiber of the society; and for matters connected therewith and incidental thereto. WHEREAS alarming number of incidences of causing mental, physical and financial harm to and exploitation of, the common people in the society because of evil, sinister aghori practices and practice of Black magic and evil spirits, at the hands of quacks and conmen, continuously have come to light; AND WHEREAS under the circumstances it has become absolutely necessary for the Government to take appropriate and legal measures to effectively contain such evil effects and spread of these harmful practices, usages and customs and belief in Black Magic and such other evil and aghori practices and to save the common people from falling pray to the sinister designs of the black magic fans quacks and conmen, whose false claims of possessing magical or miraculous remedies or powers and anti-social and harmful activities are threatening to damage the way social fibre and the beliefs of the common people in the authentic and scientific medical remedies and cures and are driving them, an account of blind beliefs and ignorance, to the take recourse of such quacks, conmen and Black Magicians it is hereby entered in the Fifty-sixth year of the Republic of India as follows-

Sections of Act 1. 1]This Act may be called the Maharashtra Eradication of Black magic and Evil and Aghori Practices Act 2005 2.It extends to the whole of the State of Maharashtra 3. It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint 2. (1) In this Act, unless the context otherwise requires a] “Code” means the Code of Criminal procedure, 1973

b] .... of Black Magic and evil and aghori practices means the commission of the acts mentioned or described in the Schedule appended to this Act by any person himself or caused to be committed through or by instigating any other persons. c] “prescribed” means prescribed by rules made under this Act; d] ‘propagate” means issuance or publication of an advertisement, literature, article or book relating to or about Black Magic and evil and aghori practices and includes any form of direct or indirect help, abetment, participation or co-operation with regard to practice of Black magic and civil and aghori practices; e] ‘rules” means the rules made under this Act. (2) Words and expressions used but not defined herein, shall have respective meanings as assigned to them in the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and the Code.

Prohibition of Black Magic 3. (1) No person shall, either himself or through any other person promote propagate or practice or cause to promote, propagate on practice Black Magic and evil and aghori practices described in the Schedule appended to this Act. (2) On and after the date of coming into force of this Act advertisement, practice, propagation or promotion of Black Magic and evil and aghori practices in violation of the provisions of this Act by any person by himself or through any other person, shall constitute an offence under the provisions of this Act, and the person guilty of such offence shall, on conviction, be punished with imprisonment for a term which shall not be less than six months but which may extend to seven years and a fine which shall not less than five thousand rupees but which may extend to fifty thousand rupees. (3) Whoever abets commission of, or attempt to commit any act or offence punishable under this Act shall be deemed to have committed that offence and shall, on conviction, be punishable with the same imprisonment provided for such offence in sub section (2) (4) The Offences punishable under this Act shall be cognizable and non-bailable. 4. No court inferior to that of a Metropolitan Magistrate or a magistrate of a First class shall try any offence punishable under this Act.

Jurisdiction to try offences 5. (1) Where an offence under this Act has been committed by a company, every person, who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against the punished accordingly:

Provided that, nothing contained in this sub-section shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer responsible for exercise of proper care or supervision of the company in that respect, such director, manager, secretary or concerned officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation - for the purposes of this section (a) “company” means a body corporate and includes a firm association of persons or body of individuals, whether incorporated or not : and also includes a trust, whether registered under any law for the time being in force or not: and (b) “director” in relation to a firm means a partner in the firm and in relation to an association of persons or body of individuals, means any member controlling the affairs thereof; and in relation to a trust includes the person managing the affairs of the trust.

Vigilance Officer 6. (1) The State Government may, by notification in the Official Gazette, and subject to such terms and conditions as may be specified in the notification, appoint for any one or more police stations as may be specified in such notification, one or more police officer to be known as the Vigilance Officer: Provided that, such police officer shall not be below the rank of an Inspector of Police, Group “B”. (2) It shall be the duty of the Vigilance Officer (i) to detect and prevent the contravention or violation of the provisions of this Act or the rules made there under, in the area of his jurisdiction and report such cases to the nearest police station within the area of his jurisdiction; and upon filing of complaint to the police station by any victim or any other person on his behalf to ensure due and speedy action thereon and to give necessary advice, guidance and help to the concerned police station; (ii) to collect evidence for the effective prosecution of persons contravening the provisions of this Act; and to report the same to the police station of the areas in which such contravention has been or is being committed. (iii) to discharge such other functions as may be assigned to him from time to time, by the State Government, by general or special orders issued in this behalf. (3) Any person who obstructs the discharge of the official duties or work of the Vigilance Officer appointed under sub-section (1) shall, on conviction, be punished with imprisonment for a term

which may extend to three months, or with fine which may extend to five thousand rupees, or with both. (4) The Vigilance Officer shall be deemed to be a public servant within the meaning or section 21 of the Indian Penal Code.

45 of 1860 Powers of entry search etc. 7. (1) Subject to the general or special orders issued in this behalf by the State Government from time to time, the Vigilance Officer may, within the local limits of the area of his jurisdiction, with the assistance of the police officers of his area (i) enter and search, at all reasonable times, with such assistance, if any, as he considers necessary, any place in which he has reason to believe that an offence under this Act has been or is being committed; (ii) seize any material, instruments or advertisement which he has reason to believe that the same has been or is being used for any act or thing which is in contravention of the provisions of this Act; (iii) examine any record, document or other material object found in any place mentioned in clause (i) and seize the same if he has reason to believe that if may furnish evidence of the commission of an offence punishable under this Act. (2) The provisions of the Code shall, so far as may be, apply to any search or seizure under this Act as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the Code. (3) Where any person seizes anything under clause (ii) or (iii) of sub-section (1) he shall, as soon as may be, inform a Magistrate and take his orders as to the custody thereof.

Bom, XXII of 1951 Application of the provisions of the Bombay Police Act, 1951. 8. The provisions of sections 159 and 160 of the Bombay Police Act, 1951, shall apply to acts done in good faith by the Vigilance officer under this Act, as if the Vigilance Officer is a police officer within the meaning of that Act. 9. the provisions of the Code shall apply to the investigation and trial of offences under this Act. Application of provision of code 10. The Provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force.

Act to be in addition to and not in derogation of any other law 11. (1) Where any person is convicted of any offence punishable under this Act. it shall be competent for the Court convicting such offender to cause the name and place of residence of such person to be published by the police ink the local newspaper where such offence had taken place together with the fact that such offender has been convicted of the offence under this Act and such other particulars as the court may deem fit and appropriate, to be allowed to be published.

Publication of fact of conviction. (2) No such publication under sub-section (1) shall be made until the appeal (if any), filed against such order is finally disposed of. 12. (1) The State Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of this Act.

Rules (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before cash House of the State Legislature while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the session or sessions immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall, from the date of publication of such decision in the Official Gazette, have effect only in such modified form or be of no effect, as the case may be : so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

Savings. 13. For the removal of doubt, it is hereby declared that nothing in this Act, shall apply to the acts involving religious rites and rituals which does not adversely affect any person mentally, physically or financially.

Schedule [See section 2(1)(b)] (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 chilli smoke, hanging a person to 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 aghor acts, putting urine or human excreta forcibly in the mouth of a person or practicing any such acts. (2) Display of so called miracles by a person and thereby earning money and to deceive, defraud and terrorise people by propagation and circulation of so called miracles.

(3) With a view to receive blessings of super natural power to follow the evil and aghori practices which causes danger to life or grievous hurt: and to instigate, encourage or compel others to follow such practices. (4) 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 jaranmaran, or dev-devaski or to advice, instigate or encourage committing such inhuman act. (5) 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 advise of such person. (6) 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 crate a 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 a satan or incarnation of satan. (7) In the name of jaran-maran, karni, or witchcraft (chetuk) assaulting any person, parading him naked or put a ban on his daily activities. (8) To crate panic in the mind of public in general by way of invoking ghost 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 practise aghori acts or treatment, threatening a person with death or causing physical pains or causing financial or psychological harm by practicing or tend to practise mantra tantra (chetuk). black magic or aghori act. (9) Prohibiting and preventing a person from taking medical treatment in case of dog, snake or scorpion bite and instead giving him treatment like mantra-tantra, ganda-dora or such other things. (10) Claiming to perform surgery by fingers, or claiming to change the sex of a foetus in womb of a woman. (11) (a) to create an impression that oneself is having special super natural powers, emanation of another person or holy spirit, or that the devotee was his wife, husband or paramour in past birth thereby indulging into sexual activity with such person; (b) To keep sexual relations with a woman who is unable to conceive assuring her of motherhood through supernatural power. (12) To create an impression that a mentally retarded person is having super natural power and utilizing such person for business or occupation.

STATEMENT OF OBJECTS AND REASONS An alarming number of incidences of causing mental, physical and financial harm to, an exploitation of, the common people in the society because of evil and aghori practices, practice of Black Magic and evil spirits, at the hands of quacks and conmen have come to light. 2. Under the circumstances it has become absolutely necessary for the government to take appropriate and stringent social and legal measures to effectively contain and eradicate the evil effects and spread of these harmful practices and aghori practices and belief in Black Magic and such other evil and aghori practices and to save the common people from falling prey to the sinister designs of the black magicians, quacks and conmen, whose anti-social and harmful activities are threatening to seriously damage the very social fibre and the faith of the common people in the authentic and scientific medical remedies and cures and are driving them to take recourse to such quacks, conmen and black magicians, by enacting a special and stringent law to deal with such evil and aghori practices, customs, etc. 3. The salient features of the Act are as follows :(i) The Practice, promotion and propagation of Black magic, evil and aghori practices and the unauthorised and illegal practice of medicine or healing or curing power by quacks, conmen, etc., is being prohibited by providing a definition of the term “practice of Black Magic and evil and aghori practices”. Such practice is being made an offence under this Act and to serve as a deterrent, it is proposed to provide for the stringent penal provisions for such offences including making such offences cognizable and non-bail-able; (ii) It is being provided that there would be a Vigilance Officer, who shall endeavor to detect and prevent, contravention of the provisions of this Act and the rules and collect evidence for effective prosecution of the persons contravening the provisions of this law; (iii) It is proposed to provide for an enabling provision which would empower the court to publish the details relating to the conviction of a person for commission of an offence under the provisions of this law; and (iv) Other incident all and connected matters. 4. The Bill seeks to achieve the above objectives. Nagpur, CHANDRAKANT HANDORE Dated the 13th December 2005 Minister for Social Justice

MEMORANDUM REGARDING DELEGATED LEGISLATION The Bill involves the following proposals for delegation of legislative power, namely :Clause 1(3) :- Under this clause, power is taken to the State Government to bring the Act into force on such date as it may, by notification in the Official Gazette, appoint. Clause 6(1) :- Under this clause, power is taken to the State Government to appoint, by notification in the Official Gazette, for one or more police stations, as may be specified in such notification, an officer or officers to be known as the Vigilance Officer. Clause 12 :- Under this clause, power is taken to the State Government to make rules, by notification in the Official Gazette, for carrying out the purposes of this Act, subject to the condition of previous publication. 2. The above proposals for delegation of legislative power are of a normal character. VILAS PATIL, Principal Secretary, Maharashtra Legislative Assembly.

MAHARASHTRA LEGISLATURE SECRETARIAT (L.A.BILL No.LXXXIX OF 2005) ( A Bill to bring social awakening and awareness in the society and to create a healthy and safe social environment with a view to protect the common people in the society against the evil and sinister practices and customs thriving on ignorance and to combat and eradicate the evil, sinister and aghori practices horn out of beliefs propagated ink the name of some so called divine or supernatural or magical powers or evil spirits commonly known as Black magic by quacks and conmen with sinister motive of exploiting and harming mentally, physical and financially the common people in the society and thereby destroying the very social fiber of the society; and for matters connected therewith and incidental thereto) (SHRI. CHANDRAKANT HANDORE, Minister for Social Justice) VILAS PATIL, Principal Secretary, Maharashtra Legislative Assembly

Anlaysis by experts

A. About preamble 1. Divine energy is superstition Observation: There are a great number of religions all over the world that belive in Divine energy. Faith in God encompasses faith in divine energy and super natural powers. In preamble of the now approved bill, divine energy has been described as ‘so-called’ and hence bill claims that it is a superstition. Thus the Government is denying faith in Divine energy and is enacting a law, which is anti-faith. Presently, there have been a large number of conversions by misusing the simple beliefs of the people. There are no Sections to fight this in the law. It could be a superstition about divine energy that ones religion gets changed by drinking water, in which a piece of bread has been put or by some water sprinkled on ones head. Why is the Govt, which is objecting to Mantras, Rituals, Ayurveda, Saints in this law, is silent about such conversions?

2. Govt’s baseless claim that society is ridden with superstition. Observation: The law is enforced by through the Police and the Judiciary. The police and judiciary can request the Government for a law if they find they have trouble in taking action in the crimes pertaining to superstition. Has the Govt got such written complaints or requests? Similarly the Govt. claims in the preamble that crimes pertaining to Superstition and blackmagic have increased in alarming numbers. Does the Govt have proof of the number of complaints, their nature and the obstacles in processing these cases? In this context the statistics obtained, within the right to information act, state that for the last five years only 17 crimes have been found to be connected to superstition. ‘The Andhashraddha Nirmulan Samiti’ (ANS) has been striving to bring about this act for the last 15 years. So who actually wants this act – The people, the Govt. or ANS?

3. Law that makes the police superior to the saint in the place of worship or pilgrimage. Observation: Saibaba, Sant Dyaneshwar and many Saints have performed miracles in their lifetime. Even today many miracles are seen in Ganagapur (Maharashtra). There is a mention of miracles in almost all the Hindu religious books (scriptures). Are all these claims of miracles going to be considered untrue/false under this Law? Only those who are superior to the person doing the miracle can decide whether a miracle is true or false. Do the Govt. and ANS consider themselves superior to the Saints?

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): Observation: 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.

C. Schedule of the law 1. Present laws are capable. Schedules Item No 1: Observation: Let the Govt first answer this question, “Will the police take any action if these crimes take place before the Law comes into being?” The definite positive answer shows that present laws are capable and a new law is not at all necessary. We have no objection to punish the people commiting these crimes. But the present Indian penal code has clear provisions to do so. Therefore there is absolutely no need for a separate Law. If somebody feels that the punishment given for these crimes in the Indian penal code is not adequate then the Government has right to amend the existing laws. For current provisions refer the Indian Penal code (I.P.C.) sections 319–326, 299,302,508,117, 497, 417 etc.

2. The Law does not accept Divine energy. Schedule item 2: Observation: Now there is a change in the ‘schedule item 2’. The word ’miracle” is stated as “so called” In the booklet, published Dr. Narendra Dabholkar of A.N.S. (Anti-Superstition Meaning, Objections and Implementation, Page. 31) he clearly stated that, “By this item ANS has won an important battle… Since miracles are called ‘So-Called’… One must know that all miracles are necessarily false i.e. so-called” Also he states, “Miracle means something happening beyond the cause and effect rule of Science.” Even Prof. Shyam Manav had stated during the meeting with Shivsena, “That which cannot be proved by science is a miracle”. Science is yet to discover components of the mind and the intellect. How could such science test or discover the science behind the miracles that occur because of Divine Energy? So claiming miracles to be untrue is to claim that the divine, super-natural energy does not exist. As there is no scientific proof of this claim, the law cannot say so. Miracles are described in the Dharmik Vidhi’s like Satyanarayan pooja, Vaibhav Lakshmi Vrata, Rites after Death, Narayan Nagbali, etc. describe miracles and what can be achieved by doing these

rituals. If the stated result is not obtained then the pooja, items and the books related to it can be confiscated and banned. Similarly while performimg pooja one has to follow certain rules as stated in pooja-books. If ignored one will not be benefitted or even get harmed. Such rules can be called as threats and hence one can ban pooja and the entire path of ritualistic worship. In all the paths of spiritual pratice the seeker gets the experience of the divine principle. For the world it is like a miracle. Compilation of such experiences and spreading word about them is an intrinsic part of spreading righteousness or religious knowledge. Calling this a crime is an infringement into the right to religious freedom. Further, books about the miracles performed by Shirdi Sai Baba, Swami Samartha in their lifetime are available for sale. Similarly every sect has books about the spiritual experiences of their devotees. According to the Christian religion the Pope has the authority to declare a Saint. To call one “Saint” it is necessary that he should have performed atleast one miracle. It was required to prove that Mother Teresa perform miracles before she was declared to be a Saint. Will all saints in the Christian Religion be considered as fake? In the Bible there is mention of unscientific facts like ‘the earth is flat’, ‘earth has poles’ ‘the sun revolves around the earth’. Because of this is the Government going to take action against the ‘Bible’?

3. Ban on Penance, Ritual, Yoga etc. Schedule Item 3: Observation: Trying to get blessings of the Divine energy is called ‘Sadhana’ or ‘Upasana’ or ‘Spiritual Practice’. The path a person chooses to get the blessings of the Divine Energy is his own choice. Bringing a ban on this is a curtailment of the right to personal freedom Because of this law ‘tapascharya’ penance, ‘Anushthan’ rituals, ‘tirthayatra’ pilgrimages, ‘upavas’ fasts can be banned claiming that those are dangerous to life and have no sceintific base. The Jain Munis and Christian Nuns accept this path of their own accord. When this is so this Law will ban the path of obtaining this knowledge, these are signs that it will destroy spirituality and culture. The great Saint Gagangiri Maharaj has done penance standing in water. The fish have eaten his fingers and toes. Will he be arrested under this Section? In the Muslim religion there is a ritual called “Maatam’ in which the person hits his body with sharp weapons. Is the Government going to take action against them too?

4. The funny Section in the act Schedule item 4: Observation: If a person does human sacrifice it is considered an Andhashraddha. If this is proved as per the law then the person is sentenced for at least 6 months and to the maximum of 7 years at the most. But in the Raman Raghav human sacrifice case, the sentence given was that of Hanging as per present IPC 302. If this is so, then what has the Government and ANS achieved by including this

unnecessary Section, which gives only 7 years sentence for the same crime. Also there are no legal definitions provided for the words Spells, Sorcery, Jaran maran etc.

5. Divine Trance is a crime. Section 5: Observation: the government has not given the thumb rule with which to examine and decide if the Divine energy has entered the Body or not. Whatever the vigilance officer feels shall be the truth, this is the strange law that shall be implemented.

6. Schedule item No.6, 7, 8 : unnecessary Sections. Observations about itme 1 are applicable to the schedule items No. 6, 7 and 8. Please see Indian Penal Code (I.P.C.) section, 319-326, 299,508,117,497and 417.

7. Ban on the science of Ayurveda, Healing Methods and the traditional home remedies. Schedule item 9: Observation: Today, many villages in Maharashtra do not have medical facilities. In many places people have to travel a distance of many kilometers to reach a Doctor. Government should first arrange for the medical facilities and then think about such a law. Further it is a question of individual choice as to which method of treatment the individual wishes to undergo. Preventing this is an attack on personal freedom. More over, the Health department of the Government of Maharashtra put up one law giving protection to the people practicing traditional medicine. The new law will take this protection away. These two Laws of the Government of Maharashtra have proved to be Contradictory to each other.

8. Inclusion of unnecessary items Schedule item No.10: Observation: These claims are topics for research. Till the time Science proves that they are false it would not be appropriate to declare them as offences or crimes. Punishing a person for making any type of claim is suppression and oppression. The present laws are equipped to handle the situation if a complaint is made in this context and so inclusion of this item is unnecessary.

9. Schedule item No.11 Observetions about itme 1 are applicable to the schedule items No. 6, 7 and 8. Please see Indian Penal Code (I.P.C.) section, 319-326, 299,508,117,497and 417.

10. Law that is trying to declare Saints and Mahatmas as Mentally retarded

Schedule item No. 12. : Observation : As the Government has not declared what are tools or norms accepted by them to test Supernatural powers. H.H. Gajanan Maharaj of Shegaon and H.H. Bhalchandra Maharaj of Kankavali were ‘Avaliyas’ or Sages absorbed in meditation. As many, realized their Sainthood, even today society has a large number of their devotees. ‘Avaliyas’ or Sages absorbed in meditation do not have any body consiousness and so their behaviour appears to be like that of a mentally retarded person. In such case to decide who is mentally retarded person and who is a saint, spiritual practice becomes necessary. It cannot be investigated or decided through legal means.

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.

Comparison of Offences Under the Black Magic Act and Existing Penal Law Entry

Nature of Offence

Existing Provisions of the IPC

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 chilli smoke, hanging a person to 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, putting urine or human excreta forcibly in the mouth of a person or practicing any such acts.

319: Hurt. 320: Grievous hurt. 336: Act endangering life or personal safety of others. 337: Causing hurt by act endangering life or personal safety of others. 339: Wrongful restraint. 340: Wrongful confinement. 350: Criminal force. 351: Assault 357: Assault or criminal force in attempt wrongfully to confine a person. 509: Word, gesture or act intended to insult the modesty of a woman.

2.

Display of so called miracles by a person and thereby earning money and to deceive, defraud and terrorise people by propagation and circulation of so called miracles.

351: Assault 415: Cheating 416: Cheating by personation 420: Cheating and dishonestly inducing delivery of property

3.

With a view to receive blessings of super natural power to follow the evil and aghori practices which causes danger to life or grievous hurt; and to instigate, encourage or compel others to follow such practices.

320: Grievous hurt. 327: Voluntarily causing hurt to extort property, or to constrain to an illegal act 107: Abetment of a thing.

4.

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 such inhuman acts.

300: Murder 307: Attempt to murder 107: Abetment of a thing 508: Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure.

5.

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 advise of such person.

383: Extortion 385: Putting person in fear of injury in order to commit extortion 386: Extortion by putting a person in fear of death or grievous hurt 387: Putting person in fear of death or of grievous hurt, in order to commit extortion 503 Criminal intimidation 508 Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure

6.

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 a 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.

499: Defamation 505: Statements conducting to public mischief. 508: Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure

7.

In the name of jaran-maran, karni, or witchcraft (chetuk), assaulting any person, parading him naked or put a ban on his daily activities.

509: Word, gesture or act intended to insult the modesty of a woman 351: Assault 329: Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act

8.

To create panic in the mind of public in general by way of invoking ghost 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 practise aghori acts or treatment, threatening a

319: Hurt 320: Grievous hurt 326: Voluntarily causing grievous hurt by dangerous weapons or means 327: Voluntarily causing hurt to extort property, or to constrain to an illegal act 339: Wrongful restraint 340: Wrongful confinement 351: Assault 383: Extortion

person with death or causing physical pains or causing financial or psychological harm by practicing or tend to practise mantra-tantra (chetuk), black magic or aghori act.

385: Putting person in fear of injury in order to commit extortion 415: Cheating 503: Criminal intimidation 505: Statements conducting to public mischief. 506: Punishment for criminal intimidation 508: Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure

9.

Prohibiting and preventing a person from taking medical treatment in case of dog, snake or scorpion bite and instead giving him treatment like mantra-tantra, ganda-dora or such other things.

339: Wrongful restraint 340: Wrongful confinement

10.

Claiming to perform surgery by fingers, or claiming to change the sex of a foetus in womb of a woman.

316: Causing death of quick unborn child by act amounting to culpable homicide 416: Cheating by personation 420: Cheating and dishonestly inducing delivery of property

11.(a)

To create an impression that oneself is having special super natural powers, incarnation of another person or holy spirit, or that the devotee was his wife, husband or paramour in past birth thereby indulging into sexual activity with such person;

354: Assault or criminal force to woman with intent to outrage her modesty. 375: Rape

11.(b)

To keep sexual relations with a woman who is unable to conceive assuring her of motherhood through super natural power.

375: Rape

12.

To create an impression that a mentally retarded person is having super natural power and utilising such person for business or occupation.

415: Cheating 416: Cheating by personation 420: Cheating and dishonestly inducing delivery of property