The brutal killing of rationalist Narendra Dabholkar has brought into focus the prevalence of superstitious practices and black magic in the country. In respect of this sustained campaign, the Maharashtra government enacted a law to control the nuisance of black magic and superstitions.
The problem of superstition is widespread in India. Superstitions and black magic are practiced not just among the uneducated or illiterate or those living in rural areas. Such irrational practices are common among educated urban people also. In the aftermath of Dhabolkar’s murder, there has been much talk about the link between religion and spirituality and superstition and black magic. No religion ordains or justifies black magic, superstition, human or animal sacrifice or occult practices. Opposition to superstition or black magic should not be construed as anti-religion or against the freedom to practice religion. One can be faithful to one’s religion of choice without being superstitious.
The idea of the Act came in the year 2003. The Bill was titled ‘Maharashtra Jadutona va Anishta Aani Aghori Pratha Bill, 2005 [Eradication of Black Magic and Undesirable and Heinous Practices Bill, 2005]. It was presented in the Legislative Assembly in 2005. In that year’s winter session, the Bill was passed, but it was held up in the Legislative Council. The Bill was opposed by Shiv Sena, BJP and Pro-Hindu Organisations and Warkari Sects as it would have adversely affected the customs, traditions and culture followed by Hindus.
Later with the election of new Legislative Assembly (LA) in the State, the Bill was been cancelled in terms of the clause 196 (5) of the Indian Constitution. Later the State Government dropped the Bill. Meanwhile the Andha Shraddha Nirmulan Samiti was pressing for the Bill and took up various agitations including writing letters in blood in support of the Bill. Later in the monsoon session the State Government announced that it would reintroduce the Bill.
The Warkari sect joined hands with the Hindu organizations to oppose the proposed Anti Superstition Bill because they saw it as a threat to their 700 year old tradition of walking barefoot to Pandhurpur (called Wari). They feared that the Bill would stop this. The Warkaris have repeatedly registered their protest against the Bill. They even threatened to stop the Wari mid-way, on the way to Pandharpur in 2008 asking that the Bill be permanently abandoned.
Narahari Maharaj Chaudhari, Secretary of Maharashtra Rajya Warkari Manadal ‘Hari Bhakt Parayan (HBP)………..told Pune Mirror, “Section 13 of this Act states that any kind of physical pressure, torture or exertion in the name of religion is forbidden. Now, we Warkaris tread almost 250 km between Alandi or Dehu and Pandharpur, barefoot. There is every possibility that a Warkari will be considered a violator of this law.”
Hindu Jan jagruti Samiti (HJS) spokesperson Sunil Ghanwat supported the protests. “It is a common tradition in Hindu families to pierce the earlobes of babies. The vague definition in the law may lead to term this tradition also as a cruelty.”
Sudhakar Chapalgaonkar, retired judge and practicing advocate, said, “The existing provisions in the Indian Penal Code (IPC) are sufficient to give punishment to offenders. All offenses under the proposed law have been very well covered in the IPC. Recently, in a case involving death of a daughter-in-law, the Supreme Court has commented on the fallacy of special laws, which result in lesser punishments than that prescribed by the IPC. The SC has said that special laws actually damage the procedure of giving punishment. The old anti-superstition law has been reformed and renamed to include sexual harassment also.”
Questions are always posed as to whether society changes simply by enactment of rules and laws. The ineffectiveness of laws for prohibition of dowry and prohibition of alcohol consumption are cited to prove that society does not change. But this is not the full truth. Even if we accept, that enactments of laws alone does not compel the society to change, historical evidence in the cases of prohibition of practice of Sati, and other such uncivilized practices, proves that enactment of laws has helped society to give up such evil, uncivilized practices.
Moreover, if there is an active social agitation going on in the society, against some undesirable belief systems and if a large section of society is actively participating in eradicating harmful superstitious beliefs, and then the enactment of such a law will certainly accelerate this process. Moreover, people, social reformers and well-wishers desire that in the interest of the community, their representatives should ratify such an act as early as possible.
Sources:
http://epaper.timesofindia.com/Default/Layout/Includes/MIRRORNEW/ArtWin.asp?From=Archive&Source=Page&Skin=MIRRORNEW&BaseHref=PMIR%2F2010%2F11%2F09&GZ=T&ViewMode=HTML&EntityId=Ar00100&AppName=1
http://en.wikipedia.org/wiki/Varkari
http://indianhistoryias.blogspot.in/2011/06/varkari-movement.html
http://www.antisuperstition.org
