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The petition urged for a robust Anti-Superstition and Sorcery Law to address these irrational societal views, emphasizing that while legal measures are crucial, a fundamental shift in mental attitudes is also required.
The Supreme Court of India today refused to entertain a Public Interest Litigation (PIL) seeking directions against the Centre and State Governments to implement necessary measures to combat superstition and sorcery.
CJI DY Chandrachud asked Advocate Ashwini Upadhyay if he wanted the court to direct enactment of a law.
"There is vacuum in law..", replied Upadhyay.
Hearing this the court said the answer lied in the people getting education. "One does not become a social reformer by directly coming to court, you become a social reformer by actually doing things outside court..", the bench further told Upadhyay.
The petition sought directions against the government to “Take appropriate steps to control Superstition and Sorcery in order to secure the fundamental rights guaranteed under Articles 14, 21, 25 of the Constitution. Petitioner also seeks direction to Centre and States to develop scientific temper, humanism and the spirit of inquiry and reform”.
Advocate Upadhyay underscored the pressing need for enacting a stringent Anti-Superstition and Sorcery Law. The petition contended that the pervasive issues of superstition and sorcery across India necessitated the Centre’s intervention. He proposed that the Government either amend the new criminal laws or introduce legislation to eradicate unscientific practices that negatively impact society. The petition sought to ensure a dignified existence for all citizens, particularly for members of the SC-ST communities, and to prevent discrimination rooted in irrational beliefs.
Furthermore, the petition intended to protect innocent individuals from exploitation by fraudulent seers, promote scientific thinking, humanism, and reform, and shield social activists from targeted harassment, as evidenced by the cases of Dabholkar and Pansare.
The petition drew urgency from tragic incidents such as the mass suicide of 11 family members in Delhi on July 1, 2018, under the influence of superstition and sorcery, and the ritualistic murders of two women in Kerala, which involved extreme torture and sexual harassment. Similar incidents nationwide, including a recent Uttar Pradesh tragedy where 121 people died in a stampede linked to superstition and sorcery, further highlighted the need for intervention.
Case Title: Ashwini Kumar Upadhyay vs. Union of India
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