Open Access Research Article
Superstitions In India And The Requisite For A Centralised Legislation To Combat It
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Article Details
SUPERSTITIONS IN INDIA AND THE REQUISITE FOR A CENTRALISED
LEGISLATION TO COMBAT IT
Authored By - Keerti Koushik
School Of Law, Christ (Deemed To Be
University)’
Abstract:
The epithet "superstition" refers to
various practices and dispositions. However, many of them are unified by the
wrong establishment of cause and effect.: a belief or practice resulting from
ignorance, fear of the unknown, trust in magic or chance, or a false conception
of causation[1].
Superstitions in India are no anomaly; since before the British era, owing to
India's cultural diversity, pluralistic believes, religion and tradition, it
has been part and parcel of Indian life. However, under the guise of religious
and expressional freedom, the crimes associated with such belief systems and
practices are escalating. The NCRB, since 2013, has already reported over 50
deaths due to ritual sacrifices and more than 700 deaths performed through
witchcraft[2]. Reports have also suggested that cases of
fraud and cheating have been registered owing to influence by Godmen, tantriks
and the likes in the realm of superstition[3].Such
crimes have no scientific explanation other than delving deeper into the innate
belief system intrinsic to each individual based on his/ her environment and
social learning. The research paper probes into the various crimes influenced
predominantly by superstition, its history, the impacting criminological theory
and the adequate measures/ roles taken by the State, including
its legal implications.
Keywords: Superstition, crime, ritual killing, witch
hunting, tantric, legislation
Introduction:
Superstition
is a menace rampant in many cultures, especially in South Asian countries.
However, for the scope of the study, the research is pertinent only to India.
India hosts a diversity of cultures, religions, and historical traditions, with
which comes the vices of superstition. It is an overbearing, unreasonable and
unscientific analysis of cause and effect that, to date, influences the daily
habits of individuals. From unharmful beliefs of stopping the car when a black
cat is spotted, hanging lemon and chilli outside the house to ward off evil
eyes, to gorily sacrificing a human for ritual benefits, India has a potent
series of practices. The question lies in analysing the criminality of such
offences. The crimes involved owing to superstitions, among many, include
ritual killings, witchcraft, cheating, fraud and the like. Statistics have
shown that in Uttar Pradesh alone, 200- 300 cases of human sacrifice were filed
between 1996- 2006, mostt of which have been reported as children. From 2001
-2006 in Northeast India, 300 people were killed due to the performance of
Kaala jadu or black magic. In 2014, the National Crime Records Bureau (NCRB), a
division of the Indian Ministry of Home Affairs, began compiling information on
human sacrifices. Between 2014 and 2016, 51 such murders were reported in 14 of
the 29 Indian states. Nine and eight, respectively, were the highest recorded
numbers from Uttar Pradesh and Jharkhand, while two were reported from
Maharashtra during the same period. The National Crime Records Bureau's most
recent statistics show that as of 2016, there were 55,625 minors missing in
India, 34,814 of whom were female. Many of the missing children were
subsequently discovered to have been killed and decapitated. Additionally,
there are gaps in crime that transcend urban-rural, wealthy-poor, and
literate-illiterate boundaries.[4]
There seems to be an urban-rural divide, but the practice of blindly believing
in the unscientific hypothesis is known to be prevalent in all sections of
society.
The Constitution
of India gives us the freedom to practise and propagate our religion under
articles 25 -26. However, like every other fundamental right, it also comes
under the gamut of reasonable restrictions, and the State can bring in laws to
reasonably restrict any act that is in contravention to constitutional values.
Owing to this vice, various state governments, including Bihar, Jharkhand,
Assam, Maharashtra and Karnataka, have enacted laws to prevent crimes under
their jurisdictions, but there has been some dilution regarding the provisions,
and ambiguity still prevails. Judgements and case laws have also had no
precedential impact on the jurisprudence of superstition-borne crimes. The
paper contends that the existing legislations in the various states are
ununiform, with no beneficial enforcement and uniformity in deciding the
culpability and punishments prescribed. As a remedy, centralised legislation is
important to be enacted to bring about some uniformity in how the offences
arising due to superstitions are procedurally and substantively dealt with.
Statement Of Problem:
The
research paper contends that the existing legislation by the State Governments
with respect to combating superstition and witch-hunting varies in different
criteria in each state. Centralised legislation shall help in bridging such
gaps and uphold human rights by criminalising witchcraft.
Research Methodology:
The
researcher gathered information from a variety of primary and secondary
sources, including law books, journals, and other original materials, including
case laws, court rulings, and organisation reports. This work is entirely
interpretive and analytical.
The study
is doctrinal in nature. Only judicial precedents and journal reports have been
referred to since the legal research required substantiates a need for a law
owing to the insufficiencies of the existing legislation.
History Of Superstition In
India
The Indian
subcontinent is vibrant with different cultures, religions, traditions,
folklore and, more importantly, belief systems. These belief systems can either
stem from a scientific understanding that can be viewed in consonance with the
modern scientific temperament or be so bizarre that the very practise of such
beliefs is harmful to public order and morale.
The Indian
society has believed in a plethora of supernatural interventions for the
ultimate good or destruction of humankind. Superstitions vary from contrasting
aspects such as omens, spirits, the evil eye, black magic, marriage to
attributing supernatural powers to trees, birds, animals, reptiles, and
insects.
The Indian
society might have considered spotting rice, a cow, a blot of ink, a pot of
toddy, a marriage procession, a flower or fruit, a peacock and so on as a good
omen maybe because of the prime status that one brings to the society if
possessed such consumerist goods. It was probably psychological to help the
rich Indian society to motivate themselves in finding good omens and corelating
it to the good happening of the sighter in the future. However, bad omens
include hearing a dog howl at nigh,t a chandelier breaking or a wife's bangle
breaking. The bad omen of a wife's bangle breaking is probably correlated to
the ill health of the husband, since women have traditionally broken their
bangles, after his death[5].
Evil
spirits are another forte in which Indians of all cultural backgrounds believe
in. Depending upon the religion, one either believes in Djinns (Indian Muslims)
and Bhoots (Hindus). While there are many legends regarding bhoots and Djinns,
who some call them astral projections, the Indian society does not shy away
from observing absurd practices to rid the human body off of supernatural
forces using a technique called black magic. It is documented that the
sorcerers in the Hindu faith obtain a gift for himself and the demon, then he
recites incantations, at the same time passing his hands over the patient and
rubbing him with a mixture of oil and dust or water and dust. If this does not
suffice, he however the patient with a slipper or a broom, frequently with
satisfactory results. It is claimed that other diseases besides hysteria can be
cured by incantations and external applications, but another method is to
transfer the diseases from the patient to someone else. Another method that the
sorcerer implements is by prescribing that the patient take bathe in the middle
of a plantation of sugar cane, undress, and swallow a piece of paper with a
magic formula written in Sanskrit for Hindus and taken directly from the Koran
for Mohammedans. The patient's ailments or possessed soul will leave the human
body[6].
Superstitions
can help in being optimistic such as omens. However, the legal and societal
implications with respect to the evil eye, black magic and spirits seem to make
people think irrationally. the
irrationality is to the extent wherein a reasonable man with ordinary prudence
would not indulge in.
Superstitions In Modern Day
India And
Its Implications
In a
recent horrific incident in Kerala dated October 12, 2022; two women were murdered
in Kerala. Their corpses had been dismembered, their breasts had been saved for
"safety," and a knife had been put in their nether regions. Because a
couple was taught that doing this would make them wealthy[7].
"They
did not stop for the whole night. Around midnight, they forced me to eat raw
rice and pulses. They put kumkum on me and then forced me to swallow a
two-rupee coin." She started vomiting after swallowing the coin, "but
they made me drink much water, because of which the coin was stuck in my
throat. I could not speak." This is another incident of ritual killing or
an offence bolstered by a superstition. This is the story of Seema, the wife of
the victim who was murdered. Seema was tortured as a part of a witchcraft
ritual performed by her sister- in-law in the state of Rajasthan[8].
In 1958, A
tantrik in Odisha, lured three adolescents to the shrine of Maa Durga that was
on a hill. All the three boys were found to be brutally murdered with their
blood splattered over and presented to the Goddess[9]. This incident generated such shockwaves that
the then Prime Minister Rajiv Gandhi himself sought a report on the said
gruesome incident.
In order
to end the Corona virus pandemic, a priest from Odisha sacrificed a human to a
Goddess in the temple to appease her. The victim's head was brutally chopped on
the temple premises[10].
These were
only a few cases that have been recognised by the mainstream media. Ritual
killings, witchcraft, deceit, fraud, and other offences of a similar nature are
among the crimes involving superstitions. According to statistics, 200 to 300
instances of human sacrifice were reported in Uttar Pradesh alone between 1996
and 2006, with children making up the majority of the victims. Between 2001 and
2006, black magic, also known as kala jadu, was employed in Northeast India to
murder 300 persons. In 2014, the National Crime Records Bureau (NCRB), a branch
of the Indian Ministry of Home Affairs, began gathering data on human
sacrifices. In 14 of the 29 Indian states, 51 similar murders were reported
between 2014 and 2016. Nine and eight, respectively, were the highest recorded
figures from Uttar Pradesh and Jharkhand[11].
Legislations In The Various States Relating To Anti-Superstition
In Jitu
Murumu alias Sukul Murmu & Anr. v. State of Odisha, the High Court has
opined that the existing laws are not enough to combat the offences arising due
to superstitions among the Indian society. A centralised legislation is needed
to address the issue.
The
Constitution of India under Article 51A (h), suggests that it shall be the duty
of the citizens to develop the scientific temper, humanism and the spirit of
inquiry and reform.
Section
302 of the Indian Penal Code takes cognisance of murder. The criminal
jurisprudence suggests that an overt act, or the tangible result of human
behaviour, is referred to as an actus reus. It is an event that may be
dissociated from the choices made that produced the result. As an illustration,
the death of the victim in a murder case serves as the actus reus. The firing
of a gun was most likely the action that brought about the consequence, the
death or the act us reus. In other words, the crime is the incident itself, not
the actions that led to it[12].
This section due to this only recognises human sacrifice after the murder has
taken place but not the act of human sacrifice itself.
The
Prevention of Witch Practices Act, 1999[13] was first
implemented in Bihar. However, the provisions under Sec 2 provides only a small
exhaustive list of only black magic, evil eye and mantras. The arising offences
through superstitions have not been clearly defined. A person committing this
offence under the Act shall be punished with imprisonment for a term which may
extend to 6 months or fine of Rs. 2,000 or with both. An eight-year-old girl
was allegedly killed as part of a ritual for human sacrifice developed by a
local mystic when her mangled body was discovered on the banks of the Ganga in
Bihar's Munger district on in August 2021.[14]
According
to The Maharashtra Prevention and Eradication of Human Sacrifice and Other
Inhuman, Evil and Aghori Practices and Black Magic Act, 2013, it aims, is to bring social awakening and
awareness to the society, create a healthy
and safe social environment with a view to protect the common people in
the society against the evil and sinister practises thriving on ignorance, and
eradicate practises propagated in the name of so-called supernatural or magical
powers or evil spirits commonly known as "black magic." The law,
however, is unable even to define what superstition is. The person guilty of
such offence shall, on conviction, be punished with imprisonment for a term
which shall not be less than six months but which may extend to seven years and
with fine which shall not be less than five thousand rupees but which may
extend to fifty thousand rupees.
In 2015,
the Tonahi Pratadna Nivaran Act was passed in Chhattisgarh. The law makes
it illegal to refer to anyone, man or woman, as "tonahi," a term that
is used to describe "Anyone who will harm, has the ability to harm, plans
to harm another person or people, or who has the means to do so.
If it is
determined that someone who has been designated as tonahi has been subjected to
physical or psychological harassment has done so, the legislation allows for a
maximum sentence of five years in jail. Additionally, it makes certain
behaviours illegal, including "against any individual identified as a
tonahi or any other person, animal, or living thing said to have been impacted
by such a tonahi. This includes jhar-phook, totka, the usage of tantra-mantras,
or anything else as Ojha.
Conclusion:
India is a
signatory to the Universal Declaration of Human Rights, 1948, International
Covenant on Civil and Political Rights, 1966 and The Convention on the
Elimination of All Forms of Discrimination against Women, 1979. Yet, the state
of affairs in India with respect to superstitious ritual killings remain heard
of in every nook and corner of the country, the international legislations
advocate for right to life and freedom of religion, both of which are necessary
aspects to be cognizant about while dealing with a complex issue such as ritualistic
killing.
There are laws that have been enacted in the
states of Rajasthan, Jharkhand, Assam and Karnataka. All the legislation varies
either in the punishments prescribed or do not recognise acts that are still
detrimental to human society.
Moreover,
superstitions are very innately related to religion. The Constitution of India
envisages the right to freedom; to freely profess, practise and propagate one's
religion. However, this fundamental right is subject to restrictions. The Anti-
Superstition laws shall come under the ambit of restrictions.
Since the
Indian Penal Code- a codified statute for all the offences committed in the
Indian jurisdiction is governed by this Act, the unrecognition of human
sacrifices, ritual killings and other gruesome activities undertaken under the
garb of superstition, leading to someone's death must be rightly recognised and
criminalised.
The Orissa High Court in Ishwar Attaka v.
State of Orissa[15]
observed, "murders and other serious crimes are continuing unabated in the
name of witchcraft, sorcery and superstitious practices. The horrendous and
lurid scenarios of the obsolescent superstition of witch-hunting have taken
many innocent lives."
In
furtherance of the above mentioned, the Supreme Court in State of U.P. v. Seherunnisa[16],
opined that, the widespread domain of superstition in India, noted,
"Superstition plays a very important role in the Indian society. It is not
restricted to any religion or a particular section of society including the
haves and the have-nots."
According
to research titled "Report on Awareness & Advocacy Campaign against
Women's Exploitation in the Name of Witchcraft and Land Rights," a
total of 452 women were allegedly brutally murdered in Jharkhand between 2001
and 2008 on the pretext of witchcraft. Association for Social and Human
Activities, an NGO, prepared the report[17].
There is a
need for a centralised legislation. The legislations and instances mentioned
above only prove the inadequacy of the existing laws. the NCRB reports
containing records of homicide due to superstition is proof enough that primacy
must be given to frame such laws. The laws must be redrafted in a manner which
shall help in bridging the gaps mentioned.
While
framing such laws, the legislators must be cognizant of the cultural and
traditional practices of a cetain region or religion. The Centralised
legislation must answer criminal jurisprudential questions such as mens rea,
actus reus, knowledge, and intention while considering evidences. Furthermore,
superstition is a realm intrinsic to culture and tradition, thus awareness and
education schemes must be undertaken by the government
[1]
Mariam- Webster Online Dictionary
[3] Indian
Express https://www.newindianexpress.com/cities/bengaluru/2009/jun/28/they-preyed-on-superstition-and-greed-62763.html (Oct 12, 2022)
[4] Puja Changoiwala, India’s Killer ‘Godmen’ And Their
Sacrifisal Children, SCMP, (Oct 13, 2022, last visited at 6:30 pm) https://www.scmp.com/week-asia/society/article/2141250/indias-killer-godmen-and-their-sacrificial-children
[5] Leslie
Moore, Indian Superstition 59 Journal of the Royal Society of Arts 367, 369
(1911).
[6] Leslie
Moore, Indian Superstition 59 Journal of the Royal Society of Arts 367, 370-
371 (1911).
[7] Pallavi, Kerala Human Sacrifice And The Horror Of
Killing In God's Name, India Today (Oct. 13, 2022, 9:33 PM),
https://www.indiatoday.in/crime/story/kerala-human-sacrifice-and-the-horror-of-killing-in-gods-name-2284585-2022-10-12.
[8] Srishti Jaiswal, Ritual
Killings: How Crimes of Superstition Thrive in the New India, Pulitzer Centre
(Oct. 17, 2022, 5:40 PM),
https://pulitzercenter.org/stories/ritual-killings-how-crimes-superstition-thrive-new-india.
[9] Farzand Ahmed, Human Sacrifice In Orissa Sends
Shock Waves Across The State, Throughout India, India Today (Oct. 18, 2022,
10:04 PM),
https://www.indiatoday.in/magazine/crime-stories/story/19850715-human-sacrifice-in-orissa-sends-shock-waves-across-the-state-throughout-india-770203-2013-12-22.
[10] Mohammad Suffian, Odisha
priest chops off man’s head inside temple to appease gods, ward off
coronavirus, India Today (Oct. 18, 2022, 10:30 PM),
https://www.indiatoday.in/crime/story/odisha-priest-kills-man-to-offer-human-sacrifice-for-coronavirus-1682830-2020-05-28.
[11] Supra
[14] Avinash Kumar, Munger girl killed in human
sacrifice ritual, 4 held: Police, Hindustan Times (Oct. 18, 2022, 9:45 PM),
https://www.hindustantimes.com/india-news/munger-girl-killed-in-human-sacrifice-ritual-4-held-police-101628534480774.html.
[17] Whole
of India needs anti-superstition law, (Oct. 19, 2022, 7:20 PM),
https://www.downtoearth.org.in/news/whole-of-india-needs-antisuperstition-law--41977.
Article Information
Superstitions In India And The Requisite For A Centralised Legislation To Combat It
Authors: Keerti Koushik
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/04
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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