A blank in Black Magic Law

Why in news?

The suspected case of human sacrifices in Kerala has brought into focus the absence of a comprehensive law to counter such superstitious practices.

Two women were killed in two separate ‘ritualistic human sacrifices’ at Elanthoor in Pathanamthitta district of Kerala.
It is not the first such case in Kerala and the majority of incidents took place in the countryside.
These incidents have raised serious concerns over the growing fascination for superstitious beliefs and occult ceremonies.

According to the National Crime Records Bureau (NCRB), 6 deaths were linked to human sacrifices, while witchcraft was the motive for 68 killings in 2021.
The maximum number of witchcraft cases were reported from Chhattisgarh, followed by Madhya Pradesh and Telangana.
Notably, the NCRB doesn’t provide details of occult-related crimes in the country.
A private study by an NGO in 2021 found that 2,300 murders of so-called ‘witches’ were committed between 1999 and 2013 across the country.

In India, there is no central law that exclusively deals with crimes related to witchcraft, superstition, or occult-inspired activities.
There is also no established definition of what black magic is due to a lack of nationalised legislation for the same.
In 2016, MP Raghav Lakhanpal introduced the Prevention of Witch-Hunting Bill in the Lok Sabha, but it wasn’t passed.
The Indian Penal Code (IPC) prescribes punishment for related crimes like abduction and murder, but not for harming others via furthering superstitious and outdated beliefs.

In the absence of a nationwide legislation, a few States have enacted laws to counter witchcraft and protect women from deadly ‘witch-hunting’.
Bihar (1999) - It was the first State to enact a law to prevent witchcraft.
The act describes a witch as a “woman who has been identified as a witch by someone else, having the power or intention of harming any person through the art of black magic, evil eyes, or mantras.
Chhattisgarh (2005) - Chhattisgarh is one of the worst-affected States and in 2005 the State enacted the Chhattisgarh Tonahi Pratadna Nivaran Act.
Other states that legislate against such practices are Jharkhand (2001), Odisha (2013), Maharashtra (2013), Rajasthan (2015), Assam (2015), Karnataka (2020).

Religious incursion – Inclusion and exclusion of a practice as superstition is difficult because most of the superstitious practices are religious oriented.
Ethnicity – Superstition entrenched in the cultural practice of a society is hard to change.
Illiteracy – An illiterate person becomes an easy target for such supernatural and Blackmagic acts.

There is an urgent need for a comprehensive nationwide Anti-superstition and Black Magic Act.
However, bringing a legislation to deal with such social issue will only be a half way progress.
Increase in awareness among the masses through information campaigns, and by roping in religious leaders to debunk the myths surrounding such practices will be a game changer.

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