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“A Stringent Anti Superstition & Sorcery Law is urgently needed to deal with the problem of irrational views prevalent in society. However, all of them cannot be eradicated by the force of law only. For this, a mental change is necessary”, the petition stated.
Politician and Advocate Ashwini Kumar Upadhyay, recently, approached the Supreme Court through a Public Interest Litigation (PIL) seeking directions against the Centre and State Governments to implement necessary measures to combat superstition and sorcery.
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.
The petition argued 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. Addressing brutal, dehumanizing, and exploitative superstitions through specific legal provisions was deemed necessary.
The petition emphasized, “To end the superstitious practices, it is of utmost importance that the State should encourage literacy among the people. They should be focused on the rural and the tribal areas, and steps have to be taken to raise awareness among the people. Female literacy has to be taken care of, and there should be a divergence in the beliefs and religions of the people by focusing on science and technology”.
The petition outlined that the unchecked perpetuation of these practices violates citizens' fundamental rights under Articles 14, 21, and 25 of the Constitution. It contravenes several international human rights instruments, including the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), and the Convention on the Elimination of All Forms of Discrimination against Women (1979). Even though eight states have witch-hunting legislations, these laws did not comprehensively address the issues of superstition, sorcery, and black magic.
“There is not even one State which is free of superstition and sorcery. Allowing unhindered continuance of superstition sorcery and black magic violates the citizens fundamental rights guaranteed under Articles 14, 21 and 25 of the Constitution”, the petition highlighted.
This case highlighted the critical need for comprehensive legal and societal reforms to combat the widespread issue of superstition and sorcery in India.
Case Title: Ashwini Kumar Upadhyay v Union of India
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