Author-Santoshkumar Harti, student at KLE SOCIETY’S G K LAW COLLEGE, HUBBALLI
To the Point
Superstition, an age-old element of Indian society, has influenced cultural and religious practices for centuries. While some beliefs may seem harmless, others lead to severe consequences such as human sacrifices, witch-hunting, black magic, and exploitation by fraudulent spiritual healers. These practices are not just relics of the past but continue to impact modern India, especially in rural and underprivileged areas where education and awareness are limited.
Despite constitutional protections and penal provisions, superstition-driven crimes persist. While Maharashtra and Karnataka have enacted specific anti-superstition laws, the absence of a centralized law leaves gaps in enforcement. This article examines the legal framework, landmark cases, and the urgent need for a national anti-superstition law to address these issues comprehensively.
Use of Legal Jargon
Superstition-related crimes often infringe upon fundamental rights enshrined in the Constitution of India.
Articles 14, 19, and 21 guarantee equality before the law, freedom of speech and expression, and the right to life and personal liberty. Any practice that violates these rights by causing harm, inciting violence, or enabling exploitation is subject to legal scrutiny.
Several sections of the Indian Penal Code (IPC), 1860, address superstition-related crimes:
Section 295A – Criminalizes deliberate acts intended to outrage religious feelings.
Section 302 – Punishes murder, including killings linked to human sacrifices or exorcisms.
Section 307 – Addresses attempts to murder, often seen in violent exorcisms.
Section 323 – Penalizes causing voluntary hurt, applicable to cases of witch-hunting.
Section 508 – Punishes acts that induce fear of divine displeasure, commonly used by self-proclaimed godmen.
State-specific laws such as the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil, and Aghori Practices and Black Magic Act, 2013, and the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017, have been instrumental in tackling superstition-related crimes. However, these laws are limited to their respective states, leading to inconsistencies in enforcement.
The Proof
Despite legal measures, superstition-driven crimes are rampant. Reports from the National Crime Records Bureau (NCRB) indicate a disturbing trend, particularly in states such as Jharkhand, Odisha, Chhattisgarh, Madhya Pradesh, and West Bengal, where witch-hunting, black magic, and human sacrifices continue unabated.
For Instance, between 2014 and 2023, over 2,500 people were killed in India due to witch-hunting accusations.
Women, in particular, are often targeted, accused of practicing black magic, and subjected to lynching. torture, or exile from their communities. In many cases, witch-hunting is used as a tool to settle personal disputes, land conflicts, or caste-based discrimination.
Similarly, instances of human sacrifices occasionally emerge, underscoring the dangers of deep-seated superstitions. In 2013, a couple in Pune killed their child believing it would bring them wealth, exposing the dark reality behind such practices. Fraudulent spiritual healers and godmen also exploit vulnerable individuals, making false promises of miracles and supernatural interventions in exchange for money.
In most cases, perpetrators escape severe punishment due to lack of evidence, social pressure, or weak legal provisions. The need for a comprehensive central law to address superstition-related crimes nationwide is more urgent than ever.
Abstract
superstitions are deeply ingrained in Indian society, often blurring the line between faith and blind bellef.
While constitutional provisions and legal statutes offer protection, their implementation remains inconsistent.
This article examines the existing legal framework, analyzes landmark judicial interventions, and advocates for a uniform national law to tackle superstition-related crimes effectively.
Case Laws
1. Santosh Kumar Singh v. State (2016) – Maharashtra’s Landmark Judgment
The Bombay High Court upheld the Maharashtra Anti-Superstition Act (2013) in this case, where the accused, a self-proclaimed healer, was found guilty of misleading people through fraudulent spiritual claims. The court emphasized that exploiting people’s fears under the guise of religion is a punishable offense.
2. Deo Narayan v. State of Jharkhand (2015) – Witch-Hunting Conviction
This case, prosecuted under harkhand’s anti-witchcraft laws, involved the murder of a woman falsely accused of witchcraft. The Jharkhand High Court upheld strict penalties against the perpetrators, reinforcing that superstitious beliefs cannot justify violence.
3. Shxar Manohar V. State of Maharashtra (2019) – Religious Freedom vs. Public Safety
The constitutional validity of the Maharashtra Anti-Superstition Act was challenged, arguing that it violated Article 25 (Right to Religious Freedom). The court ruled that religious freedom is not absolute and that harmful practices can be restricted in the interest of public safety.
The Need for a Central Anti-Superstition Law
While Maharashtra and Karnataka have enacted state-specific anti-superstition laws, many states lack comprehensive legal frameworks. A national law is essential for:
1. Ensuring Uniformity – Different states have varied laws, leading to inconsistent enforcement.
2. Stronger Legal Enforcement – A national law would empower authorities with better legal tools.
3. Enhanced Public Awareness – A unified legal approach would help debunk myths and false beliefs.
4. Better Protection for Victims – Many victims, especially women and marginalized communities, fear retaliation and lack legal recourse. A central law would provide safeguards and rehabilitation measures.
Conclusion
Superstition remains a significant barrier to India’s progress, leading to violence, exploitation, and human rights violations. While state laws have made commendable efforts in tackling such crimes, they fall short due to the absence of a national framework.
The way forward lies in:
Enacting a National Anti-Superstition Law – To ensure uniform legal protection across states.
Stricter Law Enforcement – Authorities must proactively investigate and prosecute superstition-related crimes.
Public Awareness and Education – Schools, media, and civil society must educate communities about rational thinking
Empowering Victims – Legal aid, helplines, and rehabilitation programs must protect survivors and encourage reporting.
Legal measures alone cannot change deep-rooted beliets, but a strong legal framework coupled with education can pave the way for a rational, progressive, and superstitious-free India.
FAQ
1. Does India have a national anti-superstition law?
No, there is no central law. Only Maharashtra and Karnataka have specific state laws.
2. What legal provisions criminalize superstition-related crimes?
Sections 295A, 302, 307, 323, and 508 of the IPC, along with state laws, criminalize superstition-based crimes.
3. Are religious practices banned under anti-superstition laws?
No, only harmful practices that cause physical or psychological harm are banned.
4. What are the most common superstition-related crimes in India?
- Witch-hunting (lynching, torture of alleged witches).
- Human sacrifices (murders based on supernatural beliefs).
- Fraudulent godmen exploiting people for money.
- Exorcism-related violence leading to injury or death.
5. How can individuals report superstition-related crimes?
- Local police stations (file FIRs under IPC provisions).
- State Human Rights Commissions (for legal aid).
- NGOs and helplines (for victim protection and advocacy).
Final Thoughts
Superstition is a social evil that requires legal, educational, and social reforms. The time has come for India to implement a national anti-superstition law, ensuring that blind beliefs do not undermine human rights and the rule of law.
