After 64 years, the Gujarat Legislative Assembly unanimously passed the Anti Black Magic Bill to prevent human sacrifice and other inhuman, evil and brutal practices. Minister of State for Home Harsh Sanghvi said in the House that Chief Minister Bhupendra Patel has made a law to crack down on such activities with a firm resolve to protect the citizens who are harassed in the name of superstition in the state.
He talked about bringing this law by citing the incidents of human sacrifice and superstition that have happened in different districts of Gujarat in the last few years. This new law has been brought to stop human sacrifice and other inhuman, evil and cruel practices, black magic. This bill will clarify the important difference between religion and irreligion, all religious activities related to people’s faith and belief are respectable.
While introducing this bill in the assembly, Minister of State for Home Harsh Sanghvi said that many families in Gujarat have lost their family members and their children and especially sisters and daughters due to this black magic and other inhuman activities. This law will take action against the imposters doing black magic and will prove to be a concrete step to protect the innocent people of Gujarat from such activities.
Further the minister said that recently everyone has celebrated the festival of Rakshabandhan and on this festival the sisters of Gujarat have tied a Rakhi to the Chief Minister. This law has been brought as a gift under the leadership of Chief Minister Bhupendra Patel for the safety of all the sisters.
What kind of matters are included in the criminal act?
The fine line between faith and superstition has been clarified in Section 2 of the Act. In which
1. Conducting, promoting, propagating human sacrifice, cruel practices, black magic or other such inhuman, evil acts.
2. Tying a person with a rope or chain, beating with a stick or whip, using chilli smoke or hanging him from the ceiling by his hair, or putting hot objects on the body, or making him drink alcohol, or water soaked in shoes, or forcibly pouring excreta into a person’s mouth, etc, in the name of driving out a ghost, witch or evil spirit from the body, are done.
3. Performing so-called miracles and earning money from them and deceiving people by advertising and propagating the so-called miracles.
4. Endangering the life of or seriously injuring anybody by committing cruel acts, black magic or inhumane acts with the intent to obtain divine favour or to obtain any precious thing or treasure.
5. To create fear in the minds of others that they are under the influence of some immense power or some evil force.
6. Accusing her of being a witch or an incarnation of the devil, she is said to reduce the milk production of cattle, bring bad luck or cause disease.
7. Creating fear in the minds of people by threatening to summon ghosts and witches through tantras and causing physical harm through the wrath of the ghost.
8. Preventing a person from seeking treatment in case of dog, snake or scorpion bite or any other disease and treating him with thread, string, sorcery etc.
9. Claiming to perform surgery using fingers, or claiming to change the sex of a foetus growing in a woman’s womb.
10. Pretending to have special supernatural powers and having sexual relations with the devotee by saying that he was his wife, husband or girlfriend in a past life.
11. Having sexual relations with a woman who is incapable of conceiving, by giving her assurance of motherhood through some supernatural power, all these kinds of things are included in the criminal act.
Imprisonment up to seven years and fine up to fifty thousand rupees
In Article-3, violation of the provisions of this law can be punished with imprisonment of six months to seven years and a fine of five thousand to fifty thousand rupees. Apart from this, aiding or abetting in committing any crime or attempting to commit such a crime will be considered a crime under this Act and will be punished accordingly. Under this section, it has been provided that this crime will be under police jurisdiction and will be non-bailable. That is, the police has been given the direct right to arrest the accused under this crime.
Provision of appointment of officers to ensure proper and prompt action
Section-5 of this Act provides for the appointment of a vigilance officer, the vigilance officer will be of the rank of police inspector or above. The vigilance officer will detect and prevent the crimes mentioned in the proposed Act in his jurisdiction, ensure proper and prompt action on the complaint lodged in the police station by the victim or his family member and provide and give necessary advice, guidance.
Obstructing or hindering the duty of a vigilance officer can lead to imprisonment of three months or a fine of up to Rs 5,000. So that the vigilance officer can do his work properly and quickly.
What activities will not be considered a crime?
Section 12 clarifies that nothing in this Act shall include a criminal act which-
1. Pradakshina, Yatra, Parikrama, as well as Upasana, Haripath, Kirtan, Pravachan, Bhajan, Upadesh, study of ancient and traditional sciences and arts, propagation, propagation as well as propagation and dissemination of literature about the miracles of dead saints, miracles of religious preachers, which does not cause physical injury or financial loss.
2. Prayers, Puja and all rituals at places like homes, temples, dargahs, gurudwaras, churches or other places of worship that do not cause physical harm or financial loss.
3. Conducting all religious celebrations, festivals, prayers, processions and any other related functions, vows, Navas, Muharram processions and all other religious ceremonies, piercing ears and nose of children according to religious customs, performing rituals like Keshlochan and Vastu Shastra and performing Bhoomi Pujan. Consulting water sources, giving astrological advice etc. will not be considered an offence.
If any difficulty arises on the sensitive distinction between faith and superstition in this Act, the State Government may, within a period of two years, enforce this Act under Section-13 and make a provision not inconsistent with the provisions of this Act, i.e. the Act provides for the removal of difficulties within a period of two years.