Anti-Superstition and Black Magic Act: Difference between revisions
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{{Short description|2013 criminal law act in Maharashtra, India}} |
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{{Use Indian English|date=February 2015}} |
{{Use Indian English|date=February 2015}} |
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{{Infobox legislation |
{{Infobox legislation |
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|short_title = Maharashtra Prevention and Eradication of Human Sacrifice |
|short_title = Maharashtra Prevention and Eradication of Human Sacrifice other Inhuman and Aghori Practices and Black Magic Act, 2013 |
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|image = Seal of Maharashtra. |
|image = Seal of Maharashtra.svg |
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|bill = Maharashtra Prevention and Eradication of Human Sacrifice |
|bill = Maharashtra Prevention and Eradication of Human Sacrifice, other Inhuman, and Aghori Practices and Black Magic Bill, 2013 |
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|bill_citation = |
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|bill_date = 11 December 2013 |
|bill_date = 11 December 2013 |
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The '''Maharashtra Prevention and Eradication of Human Sacrifice |
The '''Maharashtra Prevention and Eradication of Human Sacrifice, other Inhuman and Aghori Practices and Black Magic Act, 2013''' is a [[criminal law]] act for the state of [[Maharashtra]], [[India]], originally drafted by anti-superstition activist and the founder of [[Maharashtra Andhashraddha Nirmoolan Samiti]] (MANS), [[Narendra Dabholkar]] (1945-2013) in 2003.<ref name=2005newbill/> The act criminalises practices related to [[black magic]], [[Human sacrifice in India|human sacrifices]], use of [[Magic (paranormal)|magic remedies]] to cure ailments and other such acts which may exploit people's [[superstition]]s.<ref name="governor passed"/> |
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The list of banned activities was continually reduced over the years. In the aftermath of Dabholkar's murder, the resulting bill was [[promulgated]] on 26 August 2013, and was formally introduced in the winter session of [[Maharashtra Legislative Assembly]] in [[Nagpur]] in December 2013.<ref name="governor passed"/> |
The list of banned activities was continually reduced over the years. In the aftermath of Dabholkar's murder, the resulting bill was [[promulgated]] on 26 August 2013, and was formally introduced in the winter session of [[Maharashtra Legislative Assembly]] in [[Nagpur]] in December 2013.<ref name="governor passed"/> |
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The current bill has 12 clauses which criminalise only the following acts:<ref name="what"/> |
The current bill has 12 clauses which criminalise only the following acts:<ref name="what"/> |
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* Assault, torture, forced ingestion of [[human excreta]], forced sexual acts, [[Human branding|branding]] etc. on the pretext of [[Exorcism|exorcising]] [[ |
* Assault, torture, forced ingestion of [[human excreta]], forced sexual acts, [[Human branding|branding]] etc. on the pretext of [[Exorcism|exorcising]] [[ghosts]] from an allegedly possessed person. |
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* Claiming and broadcasting the ability to perform miracles and defrauding or terrorising people by such means. |
* Claiming and broadcasting the ability to perform miracles and defrauding or terrorising people by such means. |
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* Carrying out or encouraging acts which endanger life or cause grievous injury in order to gain supernatural powers. |
* Carrying out or encouraging acts which endanger life or cause grievous injury in order to gain supernatural powers. |
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* Carrying out or encouraging inhuman acts or human sacrifice in quest of some bounty or reward. |
* Carrying out or encouraging inhuman acts or human sacrifice in quest of some bounty or reward. |
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* Creating the impression that a person has supernatural powers and compelling people to follow his/her orders. |
* Creating the impression that a person has supernatural powers and compelling people to follow his/her orders. |
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* Accusing a person of practising black magic or being an incarnation of ''[[ |
* Accusing a person of practising black magic or being an incarnation of ''Shaitan'' ([[Satan]]), blaming him/her of causing diseases or misfortune, and harassing the person. |
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* Accusing a person of practising black magic, parading him/her naked and hindering the person's activities. |
* Accusing a person of practising black magic, parading him/her naked and hindering the person's activities. |
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* Claiming the ability to invoke ghosts, causing a panic or intimidating others by threatening to invoke ghosts, or creating the impression of possession, preventing the person from seeking medical treatment, and compelling him/her to inhuman acts. |
* Claiming the ability to invoke ghosts, causing a panic or intimidating others by threatening to invoke ghosts, or creating the impression of possession, preventing the person from seeking medical treatment, and compelling him/her to inhuman acts. |
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* Preventing a person from seeking medical advice in case of dog, snake, or scorpion bite, and compelling him/her to take magic remedies. |
* Preventing a person from seeking medical advice in case of dog, snake, or scorpion bite, and compelling him/her to take magic remedies. |
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* Claiming to perform surgery by fingers ([[psychic surgery]]) and claiming to change the sex of an unborn [[foetus]]. |
* Claiming to perform surgery by fingers ([[psychic surgery]]) and claiming to change the sex of an unborn [[foetus]]. |
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* Claiming to be related to a person from a |
* Claiming to be related to a person from a [[Reincarnation|previous incarnation]] and coaxing them to sexual acts, and claiming to have supernatural power to cure an impotent woman and having sexual relation with the woman. |
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* Claiming a mentally challenged person to be having supernatural powers and using such a person for personal gain. |
* Claiming a mentally challenged person to be having supernatural powers and using such a person for personal gain. |
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==History== |
==History== |
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The original bill of 2003 was drafted by [[Narendra Dabholkar]].<ref name=2005newbill/> In July 2003, the draft was approved by the state government.<ref name="dust"/> The bill was sent for ratification to the |
The original bill of 2003 was drafted by [[Narendra Dabholkar]].<ref name=2005newbill/> In July 2003, the draft was approved by the state government.<ref name="dust"/> The bill was sent for ratification to the [[Central Government of India|Central Government]] by [[Chief Minister of Maharashtra]] [[Sushilkumar Shinde]] in August 2003.<ref name="2003bill"/> However, it was criticised for having poor definitions of terms like superstition, black magic, spells, sorcery etc.<ref name=2005newbill/> The bill was not presented in the winter session of the legislature.<ref name=dust/> |
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The bill was revised and redrafted by [[rationalist]] Shyam Manav. This draft was presented as ''Maharashtra Eradication of Black Magic |
The bill was revised and redrafted by [[rationalist]] [[Shyam Manav]]. This draft was presented as ''Maharashtra Eradication of Black Magic, Evil and [[Aghori]] Practices Bill, 2005''.<ref name="2005newbill"/> |
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The bill was introduced for the first time in the Legislative Assembly in the winter session of 2005.<ref name="2005nagpur"/> The bill, was adopted by the Assembly on 16 December 2006, the last day of the session. The ruling Congress government faced criticism from the lack of debate from the opposition BJP and Shiv Sena.<ref name="2005adopt"/> |
The bill was introduced for the first time in the Legislative Assembly in the winter session of 2005.<ref name="2005nagpur"/> The bill, was adopted by the Assembly on 16 December 2006, the last day of the session. The ruling [[Indian National Congress]] (INC) government faced criticism from the lack of debate from the opposition [[Bharatiya Janata Party]] (BJP) and [[Shiv Sena (1966–2022)|Shiv Sena]].<ref name="2005adopt"/> |
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In 2006 there were protests against the bill, including at a demonstration in [[Pune]] on 25 February 2006. Protesters, including the [[Art of Living Foundation]] and [[Hindu Janajagruti Samiti]] claimed the bill gave the police power to search, seize or arrest on mere suspicion. |
In 2006 there were protests against the bill, including at a demonstration in [[Pune]] on 25 February 2006. Protesters, including the [[Art of Living Foundation]] and [[Hindu Janajagruti Samiti]] (HJS) claimed the bill gave the police power to search, seize or arrest on mere suspicion. [[Shyam Manav]], president, Akhil Bharatiya Andhshraddha Nirmulan Samiti (ABANS), a major force behind the Bill, refuted these claims: "Under [[Indian Penal Code|IPC]], if anyone is obstructing the work of cops, he can be punished. We have made a comprehensive Bill to weed out crimes against people due to superstition."<ref>[http://www.dnaindia.com/mumbai/report-religious-groups-fear-black-magic-of-police-1015059 Religious groups fear 'black magic' of police]</ref> At the rally a spokesperson for Janajagruti Samiti, Ramesh Shinde, said that the bill was redundant, violated religious freedom and did not acknowledge divine power. I. A. Khan, the caretaker of the [[Malanggad|Haji Malang Dargah]], agreed and added that the bill was influenced by "foreign ideas".<ref name="rally2006"/> |
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The bill was not presented in 2006 monsoon session. A Congress MLA on the condition of anonymity acknowledged that they didn't want to upset their constituencies ahead of the elections.<ref name="mahim"/> |
The bill was not presented in the 2006 monsoon session. A [[Indian National Congress|Congress]] [[Member of the Legislative Assembly (India)|MLA]] on the condition of anonymity acknowledged that they didn't want to upset their constituencies ahead of the elections.<ref name="mahim"/> |
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In 2007, instead of being sent to the second house of the legislature, the [[Maharashtra Legislative Council|Legislative Council]], it was forwarded to an investigative committee.<ref name="sceptics"/> |
In 2007, instead of being sent to the second house of the legislature, the [[Maharashtra Legislative Council|Legislative Council of Maharashtra]], it was forwarded to an investigative committee.<ref name="sceptics"/> |
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In July 2008, volunteers from the [[Maharashtra Andhashraddha Nirmoolan Samiti |
In July 2008, volunteers from the [[Maharashtra Andhashraddha Nirmoolan Samiti]] (MANS) staged a protest in Mumbai to draw attention to the bill, where the protesters slapped themselves. They claimed that it was to remind themselves that, they had elected the wrong representatives who were not interested in the people's welfare.<ref name="2008slap"/> |
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On 8 November 2010, Narhari Maharaj Chaudhari, the |
On 8 November 2010, Narhari Maharaj Chaudhari, the Secretary of Maharashtra State Warkari Mahamandal representing the [[Warkari]]s, criticised the bill in a press conference stating that it has no clear definition of mental and physical torture. He also stated that it could be used to criminalise every Hindu ritual. He claimed the bill to be redundant as human sacrifice already comes under [[Indian Penal Code]]. He defended the Wakari ritual of ''wari'' and called for the bill to be scrapped.<ref name="scrap"/> |
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On 5 April 2011, Dabholkar, talking at a press conference, criticised television programmes promoting superstitions and called for the bill to be passed. A rally was held at [[Azad Maidan]] on 7 April to awareness about the bill.<ref name="rally2011"/> On 7 April 2011, Deputy Chief Minister [[Ajit Pawar]] stated that the bill will be introduced in the budget session while responding to [[Member of the Legislative Assembly (India)|MLA]] Chainsukh Sancheti's queries about child sacrifices. Pawar clarified that the bill will not affect Wakari rituals or any other religious rites.<ref name="ajit2011"/> |
On 5 April 2011, Dabholkar, talking at a press conference, criticised television programmes promoting superstitions and called for the bill to be passed. A rally was held at [[Azad Maidan]] on 7 April to awareness about the bill.<ref name="rally2011"/> On 7 April 2011, [[Deputy Chief Minister of Maharashtra]] [[Ajit Pawar]] stated that the bill will be introduced in the budget session while responding to [[Member of the Legislative Assembly (India)|MLA]] Chainsukh Sancheti's queries about child sacrifices. Pawar clarified that the bill will not affect Wakari rituals or any other religious rites.<ref name="ajit2011"/> |
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On 7 July 2011, MANS secretary Milind Deshmukh and Dabholkar stated that an anti-superstition bill had been promised by the government since 7 July 1995 but never passed. They started a telegram-sending campaign to draw attention to the issues and also urged local leaders to send telegrams to the Chief Minister.<ref name="telegram"/> |
On 7 July 2011, MANS secretary Milind Deshmukh and Dabholkar stated that an anti-superstition bill had been promised by the government since 7 July 1995 but never passed. They started a telegram-sending campaign to draw attention to the issues and also urged local leaders to send telegrams to the Chief Minister.<ref name="telegram"/> |
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On 21 August 2013, the Maharashtra government approved the bill as an ordinance. On 24 August 2013, [[K. Sankaranarayanan]], the [[Governor of Maharashtra]] signed the ordinance. The ordinance will remain in effect until December 2013, when it will be tabled at the winter session of the state legislature.<ref name="governor passed"/> As of August 2013, the bill has been tabled thrice in the Legislative Assembly and had failed to pass each times, and has undergone 29 amendments.<ref name="changes"/> |
On 21 August 2013, the Maharashtra government approved the bill as an ordinance. On 24 August 2013, [[K. Sankaranarayanan]], the [[Governor of Maharashtra]] signed the ordinance. The ordinance will remain in effect until December 2013, when it will be tabled at the winter session of the state legislature.<ref name="governor passed"/> As of August 2013, the bill has been tabled thrice in the Legislative Assembly and had failed to pass each times, and has undergone 29 amendments.<ref name="changes"/> |
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On 4 September 2013, the ordinance was used for the first time to arrest two individuals in the [[Nanded district]], who had advertised miracles cures for AIDS, cancer and diabetes in a newspaper. Members of MANS helped the police understand which clause would be applicable.<ref name="firstblood"/> On 8 September 2013, a man claiming to be an avatar of Krishna was arrested in [[Kandivali]] under this ordinance. He was also charged under the Protection of Children from Sexual |
On 4 September 2013, the ordinance was used for the first time to arrest two individuals in the [[Nanded district]], who had advertised miracles cures for AIDS, cancer and diabetes in a newspaper. Members of MANS helped the police understand which clause would be applicable.<ref name="firstblood"/> On 8 September 2013, a man claiming to be an [[avatar]] of [[Krishna]] was arrested in [[Kandivali]] under this ordinance. He was also charged under the [[Protection of Children from Sexual Offenses Act]] (POCSO) for molestation.<ref name="krishna"/> |
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The bill to enact the law was titled the ''Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Bill 2013'', also known as the Anti-Superstition Bill, Black Magic Bill, Anti-Jaadu Tona Bill or Jadu Tona Andhshradha Virodhi Bill.<ref name="guv signs"/> |
The bill to enact the law was titled the ''Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Bill 2013'', also known as the Anti-Superstition Bill, Black Magic Bill, Anti-Jaadu Tona Bill or Jadu Tona Andhshradha Virodhi Bill.<ref name="guv signs"/> |
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<ref name="CM fail">{{cite news|title=CM failed to discuss Anti-Jaadu Tona Bill|url=http://www.dnaindia.com/pune/1870464/report-cm-failed-to-discuss-anti-jaadu-tona-bill|access-date=5 October 2013|newspaper=[[DNA India]]|date=6 August 2013}}</ref> It was introduced in the Maharashtra Legislative Assembly on 11 December 2013 by State Social Justice |
<ref name="CM fail">{{cite news|title=CM failed to discuss Anti-Jaadu Tona Bill|url=http://www.dnaindia.com/pune/1870464/report-cm-failed-to-discuss-anti-jaadu-tona-bill|access-date=5 October 2013|newspaper=[[DNA India]]|date=6 August 2013}}</ref> It was introduced in the Maharashtra Legislative Assembly on 11 December 2013 by State Social Justice Minister Shivajirao Moghe.<ref name="thehindu"/> The bill was passed by the Legislative Assembly on 13 December<ref name="hindustantimes"/><ref name="indianexpress"/> and by the Legislative Council on 18 December 2013.<ref name="newindianexpress"/><ref name="indlawnews"/> The bill received assent from Governor Sankaranarayanan on 20 December 2013.<ref>{{Cite web |url=http://bombayhighcourt.nic.in/libweb/acts/Stateact/2013acts/2013.30.pdf |title=Archived copy |access-date=28 August 2016 |archive-url=https://web.archive.org/web/20161220092815/http://bombayhighcourt.nic.in/libweb/acts/Stateact/2013acts/2013.30.pdf |archive-date=20 December 2016 |url-status=dead |df=dmy-all }}</ref> |
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Being a state law, the bill enacted into law applies only in the comparatively well-off and well-educated state of [[Maharashtra]]. In the rest of India the population remains without comparable protection from fraudulent pretend-healers and other miracle fakers. Narendra Dalbholkar's daughter, Mukta, and other activists continue his campaign for a national-wide anti-superstition law.<ref name="rahul pawar"/><ref name="daughter"/> |
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==Criticism and support== |
==Criticism and support== |
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The bill has been criticised for being |
The bill has been criticised for being [[Anti-Hindu sentiment|Anti-Hindu]] and [[Antireligion|anti-religion]].<ref name=2005newbill/><ref name="bbc ban"/> |
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Dabholkar had responded to the criticism of the bill being anti-religious by stating that the bill does not mention god or religion, and that only targets fraudulent practices.<ref name="bbc ban"/> |
Dabholkar had responded to the criticism of the bill being anti-religious by stating that the bill does not mention any god or religion, and that only targets fraudulent practices.<ref name="bbc ban"/> |
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Manav said that the Wakari sect will not find the bill objectionable, further saying that the law does not prohibit a person from performing a miracle. However, it is a crime if a person claims to perform a miracle and cheats someone.<ref name="manav wakari"/> |
Manav said that the Wakari sect will not find the bill objectionable, further saying that the law does not prohibit a person from performing a miracle. However, it is a crime if a person claims to perform a miracle and cheats someone.<ref name="manav wakari"/> |
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In the aftermath of Dabholkar's murder, |
In the aftermath of Dabholkar's murder, Journalist [[Ellen Barry (journalist)|Ellen Barry]] wrote an article for ''[[The New York Times]]'' (NYT) about the murder and interviewed a sociologist at the [[University of Pune]] about the bill, who explained that the bill had been continually watered down over the years, due to rising opposition from a few Hindus and stating:{{blockquote|What today stands as the draft legislation is a much mellowed-down position. It is a slippery area that we are talking about — what is faith, and what is blind faith. There is a thin line dividing it.<ref>{{cite web|url=https://www.nytimes.com/2013/08/25/world/asia/battling-superstition-indian-paid-with-his-life.html?_r=0|title=Battling Superstition, Indian Paid With His Life|work=[[The New York Times]]|author=Ellen Barry|author-link=Ellen Barry (journalist)|date=24 August 2013|access-date=8 April 2016}}</ref>}} |
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==Other state laws== |
==Other state laws== |
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In the lines of the Maharashtra Anti-Superstition and Black Magic Act, the |
In the lines of the Maharashtra Anti-Superstition and Black Magic Act, the State of [[Karnataka]] also passed the bill in 2017 was notified in 2020.<ref>{{Cite web|url=https://www.firstpost.com/india/anti-superstition-law-comes-into-force-in-karnataka-act-bans-black-magic-but-exempts-body-stamping-with-gold-seals-7946911.html|title=Anti-superstition law comes into force in Karnataka; Act bans black magic, but exempts body stamping with 'gold seals'|date=23 January 2020}}</ref> |
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In Gujarat the Public Interest Litigation was filed seeking directions to curb inhuman and aghori practices being violative of Fundamental rights of citizens. After issuance of notice, the Gujarat Government had filed the reply before the Court stating that they will move the bill before the assembly. [https://www.livelaw.in/high-court/gujarat-high-court/gujarat-high-court-curb-inhuman-evil-practices-like-aghori-268784 Public Interest Litigation was filed before Gujarat High Court] Gujarat Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Bill, 2024 was unanimously passed in State Assembly and is enacted as The Gujarat Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2024. |
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==See also== |
==See also== |
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==Further reading== |
==Further reading== |
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* {{cite web|title=Maharashtra Ordinance No. XIV OF 2013 (Full Text)|url=http://www.bombayhighcourt.nic.in/libweb/acts/Mah.Ord.2013.14.PDF|publisher=[[Bombay High Court]]|access-date=6 October 2013|archive-url=https://web.archive.org/web/20131012025939/http://www.bombayhighcourt.nic.in/libweb/acts/Mah.Ord.2013.14.PDF |
* {{cite web|title=Maharashtra Ordinance No. XIV OF 2013 (Full Text)|url=http://www.bombayhighcourt.nic.in/libweb/acts/Mah.Ord.2013.14.PDF|publisher=[[Bombay High Court]]|access-date=6 October 2013|archive-url=https://web.archive.org/web/20131012025939/http://www.bombayhighcourt.nic.in/libweb/acts/Mah.Ord.2013.14.PDF|archive-date=12 October 2013|url-status=dead|df=dmy-all}} |
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==References== |
==References== |
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{{Reflist|2|refs= |
{{Reflist|2|refs= |
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<ref name="2003bill">{{cite news|title=Check spiritual frauds, exhorts social activist|url=http://articles.timesofindia.indiatimes.com/2003-08-05/pune/27217383_1_press-conference-winter-session-new-legislature|access-date=5 October 2013|newspaper=[[The Times of India]]|date=5 August 2003}}</ref> |
<ref name="2003bill">{{cite news|title=Check spiritual frauds, exhorts social activist|url=http://articles.timesofindia.indiatimes.com/2003-08-05/pune/27217383_1_press-conference-winter-session-new-legislature|archive-url=https://web.archive.org/web/20131012004939/http://articles.timesofindia.indiatimes.com/2003-08-05/pune/27217383_1_press-conference-winter-session-new-legislature|url-status=dead|archive-date=12 October 2013|access-date=5 October 2013|newspaper=[[The Times of India]]|date=5 August 2003}}</ref> |
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<ref name="2005adopt">{{cite news|title=Bill against superstition adopted|url=http://articles.timesofindia.indiatimes.com/2005-12-17/pune/27848366_1_godmen-bill-winter-session|access-date=5 October 2013|newspaper=[[The Times of India]]|date=17 December 2005}}</ref> |
<ref name="2005adopt">{{cite news|title=Bill against superstition adopted|url=http://articles.timesofindia.indiatimes.com/2005-12-17/pune/27848366_1_godmen-bill-winter-session|archive-url=https://archive.today/20131006111830/http://articles.timesofindia.indiatimes.com/2005-12-17/pune/27848366_1_godmen-bill-winter-session|url-status=dead|archive-date=6 October 2013|access-date=5 October 2013|newspaper=[[The Times of India]]|date=17 December 2005}}</ref> |
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<ref name="2005nagpur">{{cite news|title=Anti-superstition Bill introduced|url=http://www.hindu.com/2005/12/15/stories/2005121518431600.htm|access-date=5 October 2013|newspaper=[[The Hindu]]|date=15 December 2005}}</ref> |
<ref name="2005nagpur">{{cite news|title=Anti-superstition Bill introduced|url=http://www.hindu.com/2005/12/15/stories/2005121518431600.htm|archive-url=https://web.archive.org/web/20070312164256/http://www.hindu.com/2005/12/15/stories/2005121518431600.htm|url-status=dead|archive-date=12 March 2007|access-date=5 October 2013|newspaper=[[The Hindu]]|date=15 December 2005}}</ref> |
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<ref name="2005newbill">{{cite news|title=Bold but fuzzy|url=http://www.hindu.com/fline/fl2316/stories/20060825001104900.htm|access-date=5 October 2013|newspaper=[[Frontline (magazine)|Frontline]]|date=12 August 2006}}</ref> |
<ref name="2005newbill">{{cite news|title=Bold but fuzzy|url=http://www.hindu.com/fline/fl2316/stories/20060825001104900.htm|access-date=5 October 2013|newspaper=[[Frontline (magazine)|Frontline]]|date=12 August 2006}}</ref> |
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<ref name="2008slap">{{cite news|title=Activists take punishment to open eyes|url=http://gulfnews.com/news/world/india/activists-take-punishment-to-open-eyes-1.118776|access-date=5 October 2013|newspaper=[[Gulf News]]|date=18 July 2008}}</ref> |
<ref name="2008slap">{{cite news|title=Activists take punishment to open eyes|url=http://gulfnews.com/news/world/india/activists-take-punishment-to-open-eyes-1.118776|access-date=5 October 2013|newspaper=[[Gulf News]]|date=18 July 2008}}</ref> |
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<ref name="ajit2011">{{cite news|title=Anti-superstition Bill to be ready in this session: Ajit|url=http://articles.timesofindia.indiatimes.com/2011-04-08/mumbai/29396060_1_anti-superstition-child-sacrifice-black-magic|access-date=5 October 2013|newspaper=[[The Times of India]]|date=8 April 2011}}</ref> |
<ref name="ajit2011">{{cite news|title=Anti-superstition Bill to be ready in this session: Ajit|url=http://articles.timesofindia.indiatimes.com/2011-04-08/mumbai/29396060_1_anti-superstition-child-sacrifice-black-magic|archive-url=https://web.archive.org/web/20131012091932/http://articles.timesofindia.indiatimes.com/2011-04-08/mumbai/29396060_1_anti-superstition-child-sacrifice-black-magic|url-status=dead|archive-date=12 October 2013|access-date=5 October 2013|newspaper=[[The Times of India]]|date=8 April 2011}}</ref> |
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<ref name="bbc ban">{{cite news|title=Narendra Dabholkar: India's Maharashtra state bans black magic after killing|url=https://www.bbc.co.uk/news/world-asia-india-23776406|access-date=5 October 2013|newspaper=[[BBC News]]|date=21 August 2013}}</ref> |
<ref name="bbc ban">{{cite news|title=Narendra Dabholkar: India's Maharashtra state bans black magic after killing|url=https://www.bbc.co.uk/news/world-asia-india-23776406|access-date=5 October 2013|newspaper=[[BBC News]]|date=21 August 2013}}</ref> |
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<ref name="changes">{{cite news|title=Maharashtra to issue anti-superstition ordinance|url=http://www.thehindu.com/news/national/other-states/maharashtra-to-issue-antisuperstition-ordinance/article5045083.ece|access-date=5 October 2013|newspaper=[[The Hindu]]|date=22 September 2013}}</ref> |
<ref name="changes">{{cite news|title=Maharashtra to issue anti-superstition ordinance|url=http://www.thehindu.com/news/national/other-states/maharashtra-to-issue-antisuperstition-ordinance/article5045083.ece|access-date=5 October 2013|newspaper=[[The Hindu]]|date=22 September 2013}}</ref> |
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<ref name="daughter">{{cite news|title=National anti-black magic bill required: |
<ref name="daughter">{{cite news|title=National anti-black magic bill required: Dabholkar's daughter|url=http://www.thehindu.com/news/national/other-states/national-antiblack-magic-bill-required-dabholkars-daughter/article5134507.ece|access-date=5 October 2013|newspaper=[[The Hindu]]|date=16 September 2013}}</ref> |
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<ref name="dead">{{cite news|title=Rationalist Dabholkar shot dead|url=http://www.thehindu.com/news/national/other-states/rationalist-dabholkar-shot-dead/article5041138.ece?ref=relatedNews|access-date=5 October 2013|newspaper=[[The Hindu]]|date=20 August 2013}}</ref> |
<ref name="dead">{{cite news|title=Rationalist Dabholkar shot dead|url=http://www.thehindu.com/news/national/other-states/rationalist-dabholkar-shot-dead/article5041138.ece?ref=relatedNews|access-date=5 October 2013|newspaper=[[The Hindu]]|date=20 August 2013}}</ref> |
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<ref name="governor passed">{{cite news|title=The anti-black magic and superstition ordinance has been promulgated in Maharashtra|url=http://www.dnaindia.com/india/1879444/report-the-anti-black-magic-and-superstition-ordinance-has-been-promulgated-in-maharashtra|access-date=5 October 2013|newspaper=[[DNA India]]|date=24 August 2013}}</ref> |
<ref name="governor passed">{{cite news|title=The anti-black magic and superstition ordinance has been promulgated in Maharashtra|url=http://www.dnaindia.com/india/1879444/report-the-anti-black-magic-and-superstition-ordinance-has-been-promulgated-in-maharashtra|access-date=5 October 2013|newspaper=[[DNA India]]|date=24 August 2013}}</ref> |
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<ref name="guv signs">{{cite news|title=Guv signs anti-superstition and black magic ordinance|url=http://www.sakaaltimes.com/NewsDetails.aspx?NewsId=5721785625743701101&SectionId=5171561142064258099SectionName=Pune&NewsTitle=Guv%20signs%20anti-superstition%20and%20black%20magic%20ordinance|access-date=5 October 2013|newspaper=[[Sakal Times]]|date=25 August 2013}}</ref> |
<ref name="guv signs">{{cite news|title=Guv signs anti-superstition and black magic ordinance|url=http://www.sakaaltimes.com/NewsDetails.aspx?NewsId=5721785625743701101&SectionId=5171561142064258099SectionName=Pune&NewsTitle=Guv%20signs%20anti-superstition%20and%20black%20magic%20ordinance|archive-url=https://web.archive.org/web/20131013030549/http://www.sakaaltimes.com/NewsDetails.aspx?NewsId=5721785625743701101&SectionId=5171561142064258099SectionName=Pune&NewsTitle=Guv%20signs%20anti-superstition%20and%20black%20magic%20ordinance|url-status=usurped|archive-date=13 October 2013|access-date=5 October 2013|newspaper=[[Sakal Times]]|date=25 August 2013}}</ref> |
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<ref name="hindustantimes">{{cite web|url=http://www.hindustantimes.com/india-news/anti-superstition-bill-clears-first-hurdle/article1-1162561.aspx|title=Anti-superstition bill clears first hurdle|work=hindustantimes.com/|access-date=22 October 2015}}</ref> |
<ref name="hindustantimes">{{cite web|url=http://www.hindustantimes.com/india-news/anti-superstition-bill-clears-first-hurdle/article1-1162561.aspx|archive-url=https://web.archive.org/web/20131215100250/http://www.hindustantimes.com/india-news/anti-superstition-bill-clears-first-hurdle/article1-1162561.aspx|url-status=dead|archive-date=15 December 2013|title=Anti-superstition bill clears first hurdle|work=hindustantimes.com/|access-date=22 October 2015}}</ref> |
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<ref name="indianexpress">{{cite web|url=http://www.indianexpress.com/news/antisuperstition-bill-passed-by-maharashtra-assembly/1207481/|title=Anti-superstition Bill passed by Maharashtra Assembly|access-date=22 October 2015}}</ref> |
<ref name="indianexpress">{{cite web|url=http://www.indianexpress.com/news/antisuperstition-bill-passed-by-maharashtra-assembly/1207481/|title=Anti-superstition Bill passed by Maharashtra Assembly|access-date=22 October 2015}}</ref> |
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<ref name="indlawnews">http://www.indlawnews.com/Newsdisplay.aspx?f4ec9346-b68c-4aa9-96be-58eaa4f0b24f |
<ref name="indlawnews">{{cite web |url=http://www.indlawnews.com/Newsdisplay.aspx?f4ec9346-b68c-4aa9-96be-58eaa4f0b24f |title=IndlawNews |website=www.indlawnews.com |access-date=26 January 2022 |archive-url=https://archive.today/20131231174051/http://www.indlawnews.com/Newsdisplay.aspx?f4ec9346-b68c-4aa9-96be-58eaa4f0b24f |archive-date=31 December 2013 |url-status=dead}}</ref> |
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<ref name="krishna">{{cite news|title='Lord Krishna' held under anti-superstition law|url=http://www.dnaindia.com/mumbai/1887217/report-lord-krishna-held-under-anti-superstition-law|access-date=5 October 2013|newspaper=[[DNA India]]|date=11 September 2013}}</ref> |
<ref name="krishna">{{cite news|title='Lord Krishna' held under anti-superstition law|url=http://www.dnaindia.com/mumbai/1887217/report-lord-krishna-held-under-anti-superstition-law|access-date=5 October 2013|newspaper=[[DNA India]]|date=11 September 2013}}</ref> |
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<ref name="manav wakari">{{cite news|title=Anti-superstition law drafted in such a way that Warkaris will not oppose it: Shyam Manav|url=http://www.dnaindia.com/pune/1894433/report-anti-superstition-law-drafted-in-such-a-way-that-warkaris-will-not-oppose-it-shyam-manav|access-date=5 October 2013|newspaper=[[DNA India]]|date=27 September 2013}}</ref> |
<ref name="manav wakari">{{cite news|title=Anti-superstition law drafted in such a way that Warkaris will not oppose it: Shyam Manav|url=http://www.dnaindia.com/pune/1894433/report-anti-superstition-law-drafted-in-such-a-way-that-warkaris-will-not-oppose-it-shyam-manav|access-date=5 October 2013|newspaper=[[DNA India]]|date=27 September 2013}}</ref> |
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<ref name="newindianexpress">{{cite web|url=http://www.newindianexpress.com/nation/Maharashtra-Legislative-Council-Passes-Black-Magic-Bill/2013/12/19/article1953282.ece|title=Maharashtra Legislative Council Passes Black Magic Bill|work=The New Indian Express|access-date=22 October 2015}}</ref> |
<ref name="newindianexpress">{{cite web|url=http://www.newindianexpress.com/nation/Maharashtra-Legislative-Council-Passes-Black-Magic-Bill/2013/12/19/article1953282.ece|archive-url=https://web.archive.org/web/20131221024830/http://www.newindianexpress.com/nation/Maharashtra-Legislative-Council-Passes-Black-Magic-Bill/2013/12/19/article1953282.ece|url-status=dead|archive-date=21 December 2013|title=Maharashtra Legislative Council Passes Black Magic Bill|work=The New Indian Express|access-date=22 October 2015}}</ref> |
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<ref name="rahul pawar">{{cite news|title=Dabholkar aides meet Rahul, Pawar for central anti-superstition law|url=http://www.firstpost.com/india/dabholkar-aides-meet-rahul-pawar-for-central-anti-superstition-law-1117877.html |access-date=5 October 2013|newspaper= |
<ref name="rahul pawar">{{cite news|title=Dabholkar aides meet Rahul, Pawar for central anti-superstition law|url=http://www.firstpost.com/india/dabholkar-aides-meet-rahul-pawar-for-central-anti-superstition-law-1117877.html |access-date=5 October 2013|newspaper=First Post (India)|date=18 September 2013}}</ref> |
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<ref name="rally2006">{{cite news|title=Religious groups fear 'black magic' of police|url=http://www.dnaindia.com/mumbai/1015059/report-religious-groups-fear-black-magic-of-police|access-date=5 October 2013|newspaper=[[DNA India]]|date=26 February 2006}}</ref> |
<ref name="rally2006">{{cite news|title=Religious groups fear 'black magic' of police|url=http://www.dnaindia.com/mumbai/1015059/report-religious-groups-fear-black-magic-of-police|access-date=5 October 2013|newspaper=[[DNA India]]|date=26 February 2006}}</ref> |
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<ref name="rally2011">{{cite news|title=Rally to press for anti-superstition bill|url=http://articles.timesofindia.indiatimes.com/2011-04-05/pune/29384219_1_anti-superstition-bill-training-programme-narendra-dabholkar|access-date=5 October 2013|newspaper=[[The Times of India]]|date=5 April 2011}}</ref> |
<ref name="rally2011">{{cite news|title=Rally to press for anti-superstition bill|url=http://articles.timesofindia.indiatimes.com/2011-04-05/pune/29384219_1_anti-superstition-bill-training-programme-narendra-dabholkar|archive-url=https://web.archive.org/web/20131012011302/http://articles.timesofindia.indiatimes.com/2011-04-05/pune/29384219_1_anti-superstition-bill-training-programme-narendra-dabholkar|url-status=dead|archive-date=12 October 2013|access-date=5 October 2013|newspaper=[[The Times of India]]|date=5 April 2011}}</ref> |
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<ref name="sceptics">{{cite news|title=Anti-superstition bill continues to attract sceptics|url=http://www.dnaindia.com/mumbai/1539518/report-anti-superstition-bill-continues-to-attract-sceptics|access-date=5 October 2013|newspaper=[[DNA India]]|date=5 May 2011}}</ref> |
<ref name="sceptics">{{cite news|title=Anti-superstition bill continues to attract sceptics|url=http://www.dnaindia.com/mumbai/1539518/report-anti-superstition-bill-continues-to-attract-sceptics|access-date=5 October 2013|newspaper=[[DNA India]]|date=5 May 2011}}</ref> |
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<ref name="scrap">{{cite news|title=Scrap anti-superstition bill|url=http://www.indianexpress.com/news/scrap-antisuperstition-bill/708522/|access-date=5 October 2013|newspaper=[[The Indian Express]]|date=9 November 2010}}</ref> |
<ref name="scrap">{{cite news|title=Scrap anti-superstition bill|url=http://www.indianexpress.com/news/scrap-antisuperstition-bill/708522/|access-date=5 October 2013|newspaper=[[The Indian Express]]|date=9 November 2010}}</ref> |
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<ref name="senior police">{{cite news|title=Government to train senior police inspectors to implement act|url=http://articles.timesofindia.indiatimes.com/2013-09-09/nashik/41903003_1_black-magic-new-act-superstition|access-date=8 November 2013|newspaper=[[The Times of India]]|date=9 September 2013}}</ref> |
<ref name="senior police">{{cite news|title=Government to train senior police inspectors to implement act|url=https://timesofindia.indiatimes.com/city/nashik/Government-to-train-senior-police-inspectors-to-implement-act/articleshow/22423910.cms|archive-url=https://web.archive.org/web/20130928112556/http://articles.timesofindia.indiatimes.com/2013-09-09/nashik/41903003_1_black-magic-new-act-superstition|url-status=live|archive-date=28 September 2013|access-date=8 November 2013|newspaper=[[The Times of India]]|date=9 September 2013}}</ref> |
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<ref name="telegram">{{cite news|title=Putting pressure: Cable campaign for anti-superstition bill|url=http://www.dnaindia.com/mumbai/1563688/report-putting-pressure-cable-campaign-for-anti-superstition-bill|access-date=5 October 2013|newspaper=[[DNA India]]|date=7 July 2011}}</ref> |
<ref name="telegram">{{cite news|title=Putting pressure: Cable campaign for anti-superstition bill|url=http://www.dnaindia.com/mumbai/1563688/report-putting-pressure-cable-campaign-for-anti-superstition-bill|access-date=5 October 2013|newspaper=[[DNA India]]|date=7 July 2011}}</ref> |
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<ref name="thehindu">{{cite |
<ref name="thehindu">{{cite news|url=http://www.thehindu.com/news/national/other-states/antisuperstition-bill-introduced-in-maharashtra-assembly/article5448372.ece|title=Anti-Superstition bill introduced in Maharashtra Assembly|author=Staff Reporter|work=The Hindu|date=11 December 2013|access-date=22 October 2015}}</ref> |
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<ref name="to back">{{cite news|title=Govt to back anti-superstition bill: Prithviraj Chavan|url=http://articles.timesofindia.indiatimes.com/2013-07-12/pune/40535335_1_anti-superstition-bill-warkaris-maharashtra-andhashraddha-nirmoolan-samiti|access-date=8 November 2013|newspaper=[[The Times of India]]|date=12 July 2013}}</ref> |
<ref name="to back">{{cite news|title=Govt to back anti-superstition bill: Prithviraj Chavan|url=http://articles.timesofindia.indiatimes.com/2013-07-12/pune/40535335_1_anti-superstition-bill-warkaris-maharashtra-andhashraddha-nirmoolan-samiti|archive-url=https://web.archive.org/web/20130724045831/http://articles.timesofindia.indiatimes.com/2013-07-12/pune/40535335_1_anti-superstition-bill-warkaris-maharashtra-andhashraddha-nirmoolan-samiti|url-status=dead|archive-date=24 July 2013|access-date=8 November 2013|newspaper=[[The Times of India]]|date=12 July 2013}}</ref> |
||
<ref name="what">{{cite news|title=What the anti-superstition bill is about|url=http://www.dnaindia.com/india/1880165/standpoint-not-a-word-against-religion-in-the-anti-superstition-bill|access-date=5 October 2013|newspaper=[[DNA India]]|date=26 August 2013}}</ref> |
<ref name="what">{{cite news|title=What the anti-superstition bill is about|url=http://www.dnaindia.com/india/1880165/standpoint-not-a-word-against-religion-in-the-anti-superstition-bill|access-date=5 October 2013|newspaper=[[DNA India]]|date=26 August 2013}}</ref> |
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* [http://antisuperstition.org/ Maharashtra Andhashraddha Nirmoolan Samiti] (AntiSuperstition.org) founded by [[Narendra Dabholkar]] |
* [http://antisuperstition.org/ Maharashtra Andhashraddha Nirmoolan Samiti] (AntiSuperstition.org) founded by [[Narendra Dabholkar]] |
||
* [http://rationalthoughts.org/ The Kerala State anti superstition bill proposed by Kerala yukthivadi sangham in 2014] |
* [http://rationalthoughts.org/ The Kerala State anti superstition bill proposed by Kerala yukthivadi sangham in 2014] |
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{{Indian legislations}} |
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[[Category:Indian criminal law]] |
[[Category:Indian criminal law]] |
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[[Category:History of Maharashtra (1947–present)]] |
[[Category:History of Maharashtra (1947–present)]] |
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[[Category:2013 in |
[[Category:2013 in Indian law]] |
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[[Category:Maharashtra state legislation]] |
[[Category:Maharashtra state legislation]] |
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Latest revision as of 18:31, 2 November 2024
| Maharashtra Prevention and Eradication of Human Sacrifice other Inhuman and Aghori Practices and Black Magic Act, 2013 | |
|---|---|
 | |
| Legislative Assembly | |
| Citation | Maharashtra Act No. XXX of 2013 |
| Territorial extent | Maharashtra |
| Passed by | Legislative Assembly |
| Passed | 13 December 2013 |
| Passed by | Legislative Council |
| Passed | 18 December 2013 |
| Assented to | 20 December 2013 |
| Legislative history | |
| First chamber: Legislative Assembly | |
| Bill title | Maharashtra Prevention and Eradication of Human Sacrifice, other Inhuman, and Aghori Practices and Black Magic Bill, 2013 |
| Introduced by | Shivajirao Moghe |
| Introduced | 11 December 2013 |
| Related legislation | |
| Maharashtra Ordinance No. XIV of 2013 | |
| Status: In force | |
The Maharashtra Prevention and Eradication of Human Sacrifice, other Inhuman and Aghori Practices and Black Magic Act, 2013 is a criminal law act for the state of Maharashtra, India, originally drafted by anti-superstition activist and the founder of Maharashtra Andhashraddha Nirmoolan Samiti (MANS), Narendra Dabholkar (1945-2013) in 2003.[1] The act criminalises practices related to black magic, human sacrifices, use of magic remedies to cure ailments and other such acts which may exploit people's superstitions.[2]
The list of banned activities was continually reduced over the years. In the aftermath of Dabholkar's murder, the resulting bill was promulgated on 26 August 2013, and was formally introduced in the winter session of Maharashtra Legislative Assembly in Nagpur in December 2013.[2]
Overview
[edit]The current bill has 12 clauses which criminalise only the following acts:[3]
- Assault, torture, forced ingestion of human excreta, forced sexual acts, branding etc. on the pretext of exorcising ghosts from an allegedly possessed person.
- Claiming and broadcasting the ability to perform miracles and defrauding or terrorising people by such means.
- Carrying out or encouraging acts which endanger life or cause grievous injury in order to gain supernatural powers.
- Carrying out or encouraging inhuman acts or human sacrifice in quest of some bounty or reward.
- Creating the impression that a person has supernatural powers and compelling people to follow his/her orders.
- Accusing a person of practising black magic or being an incarnation of Shaitan (Satan), blaming him/her of causing diseases or misfortune, and harassing the person.
- Accusing a person of practising black magic, parading him/her naked and hindering the person's activities.
- Claiming the ability to invoke ghosts, causing a panic or intimidating others by threatening to invoke ghosts, or creating the impression of possession, preventing the person from seeking medical treatment, and compelling him/her to inhuman acts.
- Preventing a person from seeking medical advice in case of dog, snake, or scorpion bite, and compelling him/her to take magic remedies.
- Claiming to perform surgery by fingers (psychic surgery) and claiming to change the sex of an unborn foetus.
- Claiming to be related to a person from a previous incarnation and coaxing them to sexual acts, and claiming to have supernatural power to cure an impotent woman and having sexual relation with the woman.
- Claiming a mentally challenged person to be having supernatural powers and using such a person for personal gain.
Although the human sacrifice is already considered murder in India, encouraging human sacrifice has been criminalised in this law.[3] Each infraction carries a minimum sentence of six months and a maximum sentence of seven years, including a fine ranging from ₹5,000 to ₹50,000. The offences are non-bailable and cognisable.[4]
The law directs the appointment and training of vigilance officers, to investigate and report these crimes to the local police station. The ranks of these officers are to be greater than the rank of a police inspector.[5][6][7]
History
[edit]The original bill of 2003 was drafted by Narendra Dabholkar.[1] In July 2003, the draft was approved by the state government.[8] The bill was sent for ratification to the Central Government by Chief Minister of Maharashtra Sushilkumar Shinde in August 2003.[9] However, it was criticised for having poor definitions of terms like superstition, black magic, spells, sorcery etc.[1] The bill was not presented in the winter session of the legislature.[8]
The bill was revised and redrafted by rationalist Shyam Manav. This draft was presented as Maharashtra Eradication of Black Magic, Evil and Aghori Practices Bill, 2005.[1]
The bill was introduced for the first time in the Legislative Assembly in the winter session of 2005.[10] The bill, was adopted by the Assembly on 16 December 2006, the last day of the session. The ruling Indian National Congress (INC) government faced criticism from the lack of debate from the opposition Bharatiya Janata Party (BJP) and Shiv Sena.[11]
In 2006 there were protests against the bill, including at a demonstration in Pune on 25 February 2006. Protesters, including the Art of Living Foundation and Hindu Janajagruti Samiti (HJS) claimed the bill gave the police power to search, seize or arrest on mere suspicion. Shyam Manav, president, Akhil Bharatiya Andhshraddha Nirmulan Samiti (ABANS), a major force behind the Bill, refuted these claims: "Under IPC, if anyone is obstructing the work of cops, he can be punished. We have made a comprehensive Bill to weed out crimes against people due to superstition."[12] At the rally a spokesperson for Janajagruti Samiti, Ramesh Shinde, said that the bill was redundant, violated religious freedom and did not acknowledge divine power. I. A. Khan, the caretaker of the Haji Malang Dargah, agreed and added that the bill was influenced by "foreign ideas".[13]
The bill was not presented in the 2006 monsoon session. A Congress MLA on the condition of anonymity acknowledged that they didn't want to upset their constituencies ahead of the elections.[14]
In 2007, instead of being sent to the second house of the legislature, the Legislative Council of Maharashtra, it was forwarded to an investigative committee.[15]
In July 2008, volunteers from the Maharashtra Andhashraddha Nirmoolan Samiti (MANS) staged a protest in Mumbai to draw attention to the bill, where the protesters slapped themselves. They claimed that it was to remind themselves that, they had elected the wrong representatives who were not interested in the people's welfare.[16]
On 8 November 2010, Narhari Maharaj Chaudhari, the Secretary of Maharashtra State Warkari Mahamandal representing the Warkaris, criticised the bill in a press conference stating that it has no clear definition of mental and physical torture. He also stated that it could be used to criminalise every Hindu ritual. He claimed the bill to be redundant as human sacrifice already comes under Indian Penal Code. He defended the Wakari ritual of wari and called for the bill to be scrapped.[17]
On 5 April 2011, Dabholkar, talking at a press conference, criticised television programmes promoting superstitions and called for the bill to be passed. A rally was held at Azad Maidan on 7 April to awareness about the bill.[18] On 7 April 2011, Deputy Chief Minister of Maharashtra Ajit Pawar stated that the bill will be introduced in the budget session while responding to MLA Chainsukh Sancheti's queries about child sacrifices. Pawar clarified that the bill will not affect Wakari rituals or any other religious rites.[19]
On 7 July 2011, MANS secretary Milind Deshmukh and Dabholkar stated that an anti-superstition bill had been promised by the government since 7 July 1995 but never passed. They started a telegram-sending campaign to draw attention to the issues and also urged local leaders to send telegrams to the Chief Minister.[20]
On 20 August 2013, Narendra Dabholkar, the architect and lead campaigner behind the bill, was shot dead, while he was out on a walk. His death triggered protests and demands for the bill to be passed were made.[21]
On 21 August 2013, the Maharashtra government approved the bill as an ordinance. On 24 August 2013, K. Sankaranarayanan, the Governor of Maharashtra signed the ordinance. The ordinance will remain in effect until December 2013, when it will be tabled at the winter session of the state legislature.[2] As of August 2013, the bill has been tabled thrice in the Legislative Assembly and had failed to pass each times, and has undergone 29 amendments.[22]
On 4 September 2013, the ordinance was used for the first time to arrest two individuals in the Nanded district, who had advertised miracles cures for AIDS, cancer and diabetes in a newspaper. Members of MANS helped the police understand which clause would be applicable.[23] On 8 September 2013, a man claiming to be an avatar of Krishna was arrested in Kandivali under this ordinance. He was also charged under the Protection of Children from Sexual Offenses Act (POCSO) for molestation.[24]
The bill to enact the law was titled the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Bill 2013, also known as the Anti-Superstition Bill, Black Magic Bill, Anti-Jaadu Tona Bill or Jadu Tona Andhshradha Virodhi Bill.[25] [26] It was introduced in the Maharashtra Legislative Assembly on 11 December 2013 by State Social Justice Minister Shivajirao Moghe.[27] The bill was passed by the Legislative Assembly on 13 December[28][29] and by the Legislative Council on 18 December 2013.[30][31] The bill received assent from Governor Sankaranarayanan on 20 December 2013.[32]
Being a state law, the bill enacted into law applies only in the comparatively well-off and well-educated state of Maharashtra. In the rest of India the population remains without comparable protection from fraudulent pretend-healers and other miracle fakers. Narendra Dalbholkar's daughter, Mukta, and other activists continue his campaign for a national-wide anti-superstition law.[33][34]
Criticism and support
[edit]The bill has been criticised for being Anti-Hindu and anti-religion.[1][35]
Dabholkar had responded to the criticism of the bill being anti-religious by stating that the bill does not mention any god or religion, and that only targets fraudulent practices.[35]
Manav said that the Wakari sect will not find the bill objectionable, further saying that the law does not prohibit a person from performing a miracle. However, it is a crime if a person claims to perform a miracle and cheats someone.[36]
In the aftermath of Dabholkar's murder, Journalist Ellen Barry wrote an article for The New York Times (NYT) about the murder and interviewed a sociologist at the University of Pune about the bill, who explained that the bill had been continually watered down over the years, due to rising opposition from a few Hindus and stating:
What today stands as the draft legislation is a much mellowed-down position. It is a slippery area that we are talking about — what is faith, and what is blind faith. There is a thin line dividing it.[37]
Other state laws
[edit]In the lines of the Maharashtra Anti-Superstition and Black Magic Act, the State of Karnataka also passed the bill in 2017 was notified in 2020.[38]
In Gujarat the Public Interest Litigation was filed seeking directions to curb inhuman and aghori practices being violative of Fundamental rights of citizens. After issuance of notice, the Gujarat Government had filed the reply before the Court stating that they will move the bill before the assembly. Public Interest Litigation was filed before Gujarat High Court Gujarat Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Bill, 2024 was unanimously passed in State Assembly and is enacted as The Gujarat Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2024.
See also
[edit]- Godman (India)
- Superstition in India
- Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
Further reading
[edit]- "Maharashtra Ordinance No. XIV OF 2013 (Full Text)" (PDF). Bombay High Court. Archived from the original (PDF) on 12 October 2013. Retrieved 6 October 2013.
References
[edit]- ^ a b c d e "Bold but fuzzy". Frontline. 12 August 2006. Retrieved 5 October 2013.
- ^ a b c "The anti-black magic and superstition ordinance has been promulgated in Maharashtra". DNA India. 24 August 2013. Retrieved 5 October 2013.
- ^ a b "What the anti-superstition bill is about". DNA India. 26 August 2013. Retrieved 5 October 2013.
- ^ "Anti-Superstition Ordinance Brought". Daily Pioneer. 28 August 2013. Retrieved 5 October 2013.
- ^ "Govt to back anti-superstition bill: Prithviraj Chavan". The Times of India. 12 July 2013. Archived from the original on 24 July 2013. Retrieved 8 November 2013.
- ^ "Government to train senior police inspectors to implement act". The Times of India. 9 September 2013. Archived from the original on 28 September 2013. Retrieved 8 November 2013.
- ^ "Maharashtra's delayed move on black magic". The Indian Express. 29 August 2013. Retrieved 8 November 2013.
- ^ a b "Anti-superstition bill gathers dust". Tehelka. 17 July 2004. Archived from the original on 12 October 2013. Retrieved 5 October 2013.
- ^ "Check spiritual frauds, exhorts social activist". The Times of India. 5 August 2003. Archived from the original on 12 October 2013. Retrieved 5 October 2013.
- ^ "Anti-superstition Bill introduced". The Hindu. 15 December 2005. Archived from the original on 12 March 2007. Retrieved 5 October 2013.
- ^ "Bill against superstition adopted". The Times of India. 17 December 2005. Archived from the original on 6 October 2013. Retrieved 5 October 2013.
- ^ Religious groups fear 'black magic' of police
- ^ "Religious groups fear 'black magic' of police". DNA India. 26 February 2006. Retrieved 5 October 2013.
- ^ "Mahim brings faith bill to fore". DNA India. 20 August 2006. Retrieved 5 October 2013.
- ^ "Anti-superstition bill continues to attract sceptics". DNA India. 5 May 2011. Retrieved 5 October 2013.
- ^ "Activists take punishment to open eyes". Gulf News. 18 July 2008. Retrieved 5 October 2013.
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