Gujarat Assembly passes human sacrifice, black magic prevention Bill

A statement on the object and reasons behind the Bill stated that an alarming number of incidences of exploitation of the common people due of human sacrifice and black magic practice at the hands of con men have come to light.

“…it has become necessary for the government to take appropriate and stringent social and legal measures to effectively prevent and eradicate the evil effects and spread of these harmful and inhuman practices… to save common people from falling prey to sinister designs the black magicians and con men, whose anti-social and harmful activities are threatening to seriously damage the very social fibre and the faith of the common people in the authentic and scientific medical remedies and cures…,” it added.

The Bill proposes to make the violation of its provisions an offence with punishment of imprisonment between six months and seven years along with imposing a fine ranging from Rs 5,000 to Rs 50,000.

Under the proposed Act, the state government has been empowered to appoint one or more police officers as vigilance officer for one or more police stations. Among others, it will be the duty of the vigilance officer to detect and prevent the violation of the provisions of the Act.

Sanghavi said the government has brought the Act to save women from black magic, as in most of such cases, the main victims are women. He termed the Bill as a “gift” of Bhupendra Patel government to the women of Gujarat. Sanghavi also said that special care has been taken to ensure that the Bill does not hurt the faith of people.

Deputy leader of Congress in the House, Shailesh Parmar, said that in February 2008, then Congress MLA Kunvarji Bavaliya had submitted a private member’s Bill in the House with similar provisions. He added that the Bill was then rejected after then Home minister Praful Patel said that it was not necessary to bring such a Bill since many laws have been implemented on the subject. Parmar said the current Bill is identical to the one presented by Congress in 2008.

He further said that while the Bill is about preventing superstitions, it is also about not hurting the faith of the people. “People go to them Bhuvas (faith healers) out of faith. Not all Bhuvas are dhongi (fraud),” he said, suggesting that the government should have a register of people who do “religious work” so that they are not harassed.

BJP MLA C J Chavda said the Bill is not proposing to prohibit religious activities of a person. “Any person having faith (in religion) goes to temple, church, mosque… hold fast, perform yagna. This Bill is not to ban… a person (if he) does something to boost his confidence as per his faith. This ban is on black magic…”

While concluding his speech, Sanghavi said the Bill does not intend to prohibit unharmful religious activities. “How can there be a comparison between tying a thread, use of a feather, lighting a diya, performing puja and hanging a person by hair and branding her with a hot iron rod… This law is for those self-declared bhuva who take advantage of poor people’s difficulties… not only their family savings are lost, but also their lives. This law is to save such lives,” he added.

Acts banned by Bill:

• Assaulting by tying a person with rope or chain, beating by stick or whip, to make the person drink footwear-soaked water, giving chili smoke, hanging a person to roof, fixing him with rope or by hair or plucking his hair, causing pain by way of touching heated object to organs or body of a person, forcing a person to perform sexual act in the open, putting urine or human excreta forcibly in the mouth of a person under the pretext of expelling the ghost and dakan (witch).
• Display of so-called miracles by a person and thereby earning money; to deceive, defraud and terrorise people by propagation and circulation of so-called miracles.
• To create a panic by threatening to invoke a ghost, witch or mantras; creating an impression that there is ghostly or wrath of a power inapprehensible by senses causing physical injuries and preventing a person from taking medical treatment and instead diverting him to practice inhuman, evil and Aghori acts or treatment; threatening a person with death or causing physical pain or financial harm by practicing or tending to practice black magic or inhuman act.
• Prohibiting a person from taking medical treatment in case of dog, snake or scorpion bite and in other illness, instead treating by giving mantra-tantra or other such things.
• Claiming to perform surgery by fingers or change the sex of a foetus in womb.
• To keep sexual relations with a woman who is unable to conceive, assuring her of motherhood through supernatural power.

Practices to which the Bill shall not apply:

• Haripath, Kirtan, Pravachan, Bhajan, teaching of ancient and practice, propagation and circulation of traditional learnings and arts.
•  To state about the miracles of deceased saints and propagation, publicity and circulation of the same and distribution of literature about the miracles of religious preachers, which do not cause physical injury or financial loss.
• Performance of prayers, upasana and religious rites at places such as home, temple, dargah, gurudwara, pagoda, church or other religious places, which do not cause physical injury or financial loss.
• #iercing of ears and nose of children in accordance with religious rituals; rituals such as Keshlochan of Jains.