By Rohit Kumar
The Kerala High Court expressed dismay and concern while hearing murder case of two women allegedly committed to perform black magic. The High Court while examining the case found that accused posted content on social media promoting sorcery ritual just before the murder.In India, such activities pose serious public threat but there is no comprehensive central (federal) law to deals with it. In 1954 the parliament passed the Drugs and Magic Remedies (Objectionable Advertisement) Act, but it only deals with prohibition of the advertisement related to magical remedies.
What is Black Magic and Superstition?
￮ Superstition :- Excessive reverence or fear based on ignorance; false worship of religion (P Ramanatha Aiyar Law Lexicon)
￮ Black Magic:- magic that is associated with the devil or with evil spirits : evil magic (Dictionary.com)
￮ magic remedy‟ includes a talisman, mantra, kavacha, and any other charm of any kind which is alleged to possess miraculous powers for or in the diagnosis, cure, mitigation, treatment or prevention of any disease in human beings or animals or for affecting or influencing in any way the structure or any organic function of the body of human beings or animals (See Section 2 (C) of the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954 )
In 2013 NDTV conducted an in-depth study and revealed the harsh truth of witch hunting practices prominent in the state of Chhattisgarh and Bihar, this report was also a precursor for enacting the Anti Black Magic law of the state of Chattisgarh.
Laws to prohibit Black Magic in India
• Central Act
- Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954. The Act only deals with the prohibition of the advertisement related to magical remedies
• State Acts
- Jharkhand- The Anti-Witchcraft Act, 2001;
- Bihar – Prevention of Witch (Daayan) Practices Act, 1999;
- Chhattisgarh – Tonahi Pratadna Nivaran Act, 2005.
- Maharashtra- Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013
- Karnataka- Karnataka prevention and eradication of inhuman evil Practices and Black Magic Act, 2017
Section 3 of the Maharashtra Act states – No person shall either himself or through any other person commit, promote, propagate or practice or cause to promote, propagate or practice human sacrifice and other inhuman, evil and aghori practices and black magic mentioned or described in the Schedule appended to this Act.
Court Cases
In Rajendra vs Union of India Crl Writ Petition 469 of 2015, the Bombay High Court read Section 3 of the Maharashtra Act and Cable TV (Regulation) Act 1995 and directed to remove the ads promoting black magic from cable TV.
In 2013 Dr Dhabolkar was murdered by two unidentified people, the investigation in the case is still going on but the prima facie reason of his murder linked with his strong opposition against the prevailing black magic remedy in the state of Maharashtra.
Navnath Vs State of Maharashtra is a first case heard by the Bombay High Court post promulgation of the Maharashtra Black Magic Act but conviction didn’t happen in this case due to lack of evidence.
In 2010 RLEK the Dehra Dun based organisation filed a petition in the Supreme Court of India for the proper implementation of the Black Magic Acts passed by the state of Chattisgarh, Bihar and Jharkhand, but the Supreme Court of the India dismissed the petition stating reason that the implementation of the act is the subject matter of the states and the courts cannot direct them.
Responsibility of Social Media platform
• In the absence of any comprehensive central law. Social Media companies are required to exercise their discretion on receiving the take down notice. As activities related to black magic pose a threat to someone’s life. Moderators shall take utmost caution in entertaining such content and take immediate action as content may amount to disturbing the public order of the society which is a violation of various penal provisions. Further, it is the fundamental duty of the companies to work in accordance with the constitution mandate.
Article 51A of the Constitution of India under Fundamental duties chapter states that. It shall be the duty of every citizen of India to abide by the Constitution and respect its ideals and institutions, the national Flag and the National Anthem; and to (g.) develop the scientific temper, humanism and the spirit of inquiry and reform. Echoing the constitutional spirit the Bombay High Court in Rajendra Vs UoI (Supra) the Court held that
“It can be said that at least basic education is available to everybody in this State. Though these things are there, the scientific temper and the spirit of inquiry and reform are not yet developed. Even many educated and highly educated persons get attracted to the things like mantra-tantra, black magic.“
Written by Rohit Kumar is a supreme court lawyer specializing in technology law. He can reach out at lex.rohit.kr@gmail.com
Planetary Objectives 