Explained - Kerala Human Sacrifice - Which States Have Laws Against Superstitions & Black Magic

11/19/22, 5:36 PM Explained| Kerala Human Sacrifice : Which States Have Laws Against Superstitions & Black Magic?
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Explained| Kerala Human Sacrifice :

Which States Have Laws Against
Superstitions & Black Magic?
Sofi Ahsan 12 Oct 2022 6:45 PM
https://www.livelaw.in/know-the-law/superstition-states-kerala-murders-pending-bill-human-sacrifice-211490 1/20
Three persons including a couple have been arrested in Pathanamthitta
district of Kerala in a suspected case of human sacrifice. The couple is
alleged to have killed two middle-aged women with the hope that their
"sacrifice" will bring them financial prosperity. While the incident has shocked
people in the state called God's own country, and elsewhere, the diabolical
murder of the two women has also renewed the calls for enactment of an
anti-superstition law in Kerala.
Also Read - When Can A Citizen's Right To Travel Abroad Be Restricted?
Explained With Judgments
Since 1999, at least eight states in India have enacted laws to deal with the
crimes of witch hunting, performing of black magic or witchcraft and other
superstitious actions that take shape of usual but brutal crimes. The
terminology, punishment for such actions and the acts that have been
criminalised vary from state to state under these enactments.
While the enactments do not particularly define what black magic or
superstition means, they criminalise the practices which have been widely
reported for many decades. The laws are particularly aimed against the false
claims of "possessing magical or miraculous remedies or powers and anti-
social and harmful activities" that fly in the face of authentic and scientific
medical remedies and research. The laws also specifically speak about the
abhorrent practice of human sacrifice.
Also Read - Explained | UAPA Prosecution Sanction, Process and
Interpretations
However, since many of the practices trace their origin to religious beliefs,
the governments have been reluctant to bring laws against superstition.
Resultantly, some of the laws, like in states of Maharastra or Karnataka,
specify that the provisions shall not apply to certain religious prayers and
celebrations. The anti Black Magic Act in Maharastra even states that the law
will not apply to publicity and propagation of miracles of deceased saints
and religious preachers "which do not cause physical injury or financial loss".
Also Read - Explained | Nayanthara-Vignesh Shivan Controversy: What
Does Surrogacy (Regulation) Act Say?
It has also been many years since the laws have been amended in some of
the states — an accused can get away with few months of jail after
committing the offences mentioned in the Acts.
However, the fact also remains that such laws continue to be invoked,
indicating that such practices and crimes against naive and innocent citizens
continue to occur. In some of the states, the laws enacted therein empower
the governments to launch awareness campaigns against such practices.
Also Read - Delayed Institution Of Police Report Does Not Threaten
Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court
While there are many provisions in criminal code which can be used to deal
with the actions that form part of such outdated practices, there has also
been a demand from many groups and individuals for enactment of a central
law to deal with the widespread problem.
State Acts
Bihar was the first state to India to enact a law in 1999 to prevent witch
practices and such instances where a woman is declared a witch and
tortured. A witch or daain under the The Prevention of Witch (daain)
Practices Act, 1999 means a woman who has been "identified" by someone
else as a person "having the power of intention of harming any person
through the art of black magic, evil eyes, or 'Mantras'."
A similar law also exists in Jharkhand. The state high court last year took
suo motu cognisance of a news report about the killing of five persons of a
family in Buruhatu-Amtoli Pahar, Gumla - the village council there had
allegedly "sentenced" the "witches" to death.
"It is very unfortunate that the Prevention of Witch (Daain) Practices Act,
1999 has been in operation since the year 1999 and the same has been
adopted by the State of Jharkhand but concrete steps have not been taken to
achieve the object and intent of the Act, 1999," said the division bench
headed by Chief Justice Dr. Ravi Ranjan in the March 18, 2021 order.
Chhattisgarh enacted Tonahi Pratadna Nivaran Act in 2015. The legislation
criminalises the declaring of any person, be it man or woman, as 'tonahi',
which is used to refer to "any person or persons that will harm or possesses
power to harm or thereby he intends to harm any other person or persons or
society or animal or living things by black magic, evil eye or by any other
means''.
The law provides for a maximum imprisonment of five years in a case where
a person is found to have caused physical or mental harassment to someone
identified as tonahi. It also criminalises the acts of "jhar-phook, totka, use of
tantra-mantra or anything as Ojha upon any person indicated as a tonahi or
any other person or animal or living thing alleged to be affected by such
tonahi, under any claim of treatment or control" and provides for an
imprisonment that can extend to five years.
Under the law, when a sentence of fine is imposed, the court is required to
take into consideration the physical and mental damage caused to the victim
including any cost of treatment.
Odisha Prevention of Witch-hunting Act, 2013 also criminalises witch-hunting
or the exercise or practise of witchcraft. It also criminalises the practice of a
'witch doctor' and states that acts, that cause harm or injury to the person
upon whom such practices are being performed, shall be punished with
imprisonment for a term which shall not be less than one year but may
extend to three years.
Last year, the Orissa High Court said the "practice is still very active in the
21st century despite science and scientific temper [having] reached its
pinnacle."
In Rajasthan, a similar law is in place. The Rajasthan Prevention Of Witch-
Hunting Act, 2015 however provides for harsher sentences in certain cases.
The government under the law can also impose a collective fine on
inhabitants of an area when they are found in violation of the Act. Authorities
can also take preventive action by declaring the area "prone to offences
punishable under this Act and take necessary action for keeping the peace
and good behaviour and maintenance of public order and tranquillity and
may take preventive action."
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A law against superstition has also been enacted in Assam. The law
criminalises the action of blaming a person for "any misfortune that befalls
his village/area/locality or community which may also include natural
disasters, such as droughts, floods, crop loss, illness or any death in the
village". It also states that a person convicted of an offence under the Act, in
relation to the commission of witch hunting, shall be disqualified from
inheriting the property of the person against whom such witch hunting has
been committed.
The Assam Witch Hunting (Prohibition, Prevention, Protection Act, 2015
specifically provides for punishment of various forms of torture like stoning,
hanging, stabbing, dragging, public beatings, burns, cutting/burning of hair,
forced hair shavings, pulling of teeth out, cutting of nose or other body-parts,
blackening of face, whipping, branding with hot objects or use of any other
blunt or sharp weapons or objects.
Maharashtra Prevention And Eradication Of Human Sacrifice And Other In
Human, Evil And Aghori Practices And Black Magic Act, 2013 was enacted in
wake of the alarming number of human sacrifices and practices of black
magic in the state. Similarly, Karnataka also notified a law against
superstition in 2020 and banned over a dozen practices.
Position in Kerala
In Kerala, attempts have been made in the past to frame a similar law. The
Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black
Magic Bill was submitted to the government in 2019 but it is yet to see the
light of the day. According to a PTI report, the bill prescribes stringent
punishment for any kind of evil practice and cheating in the name of black
magic, ranging from "expelling ghost" to isolating women for menstruation
and postpartum. The National Crime Record Bureau 2021 reports reveals
that two cases of "child/human sacrifice" were reported from the state -
almost all other states reported zero such cases.
The brutal murders of two middle-aged women in Elanthoor village again has
thrown light on the gruesome practices that still prevail in the society. While
commenting on the reports related to the murders, Justice Devan
Ramachandran of Kerala High Court Wednesday in the courtroom said,
"Some of the things happening here are beyond the limits of absurdity. Today
it is human sacrifice. I wonder where Kerala is going". CPI State Secretary
Kanam Rajendran also has demanded immediate bringing in of a law against
superstitions.
TAGS SUPERSTITION BLACK MAGIC TONAHI PRATADNA NIVARAN ACT
THE PREVENTION OF WITCH (DAAIN) PRACTICES ACT
MAHARASHTRA PREVENTION AND ERADICATION OF HUMAN SACRIFICE AND OTHER IN HUMAN
EVIL AND AGHORI PRACTICES AND BLACK MAGIC ACT HUMAN SACRIFICE
THE KERALA PREVENTION OF ERADICATION OF INHUMAN EVIL PRACTICES
SORCERY AND BLACK MAGIC BILL
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11/19/22, 5:36 PM Explained| Kerala Human Sacrifice : Which States Have Laws Against Superstitions & Black Magic?

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TOP STORIES NEWS UPDATES COLUMNS INTERVIEWS ENVIRONMENT RTI

Home / Know the Law / Explained| Kerala...

KNOW THE LAW

Explained| Kerala Human Sacrifice :

Three persons including a couple have been arrested in Pathanamthitta

district of Kerala in a suspected case of human sacrifice. The couple is

anti-superstition law in Kerala.

Also Read - When Can A Citizen's Right To Travel Abroad Be Restricted?

Explained With Judgments

crimes of witch hunting, performing of black magic or witchcraft and other

criminalised vary from state to state under these enactments.

While the enactments do not particularly define what black magic or

claims of "possessing magical or miraculous remedies or powers and anti-

abhorrent practice of human sacrifice.

Also Read - Explained | UAPA Prosecution Sanction, Process and

the governments have been reluctant to bring laws against superstition.

Resultantly, some of the laws, like in states of Maharastra or Karnataka,

will not apply to publicity and propagation of miracles of deceased saints

Also Read - Explained | Nayanthara-Vignesh Shivan Controversy: What

Does Surrogacy (Regulation) Act Say?

committing the offences mentioned in the Acts.

the governments to launch awareness campaigns against such practices.

Also Read - Delayed Institution Of Police Report Does Not Threaten

law to deal with the widespread problem.

practices and such instances where a woman is declared a witch and

tortured. A witch or daain under the The Prevention of Witch (daain)

else as a person "having the power of intention of harming any person

through the art of black magic, evil eyes, or 'Mantras'."

family in Buruhatu-Amtoli Pahar, Gumla - the village council there had

allegedly "sentenced" the "witches" to death.

Chhattisgarh enacted Tonahi Pratadna Nivaran Act in 2015. The legislation

criminalises the declaring of any person, be it man or woman, as 'tonahi',

power to harm or thereby he intends to harm any other person or persons or

a person is found to have caused physical or mental harassment to someone

identified as tonahi. It also criminalises the acts of "jhar-phook, totka, use of

tantra-mantra or anything as Ojha upon any person indicated as a tonahi or

any other person or animal or living thing alleged to be affected by such

tonahi, under any claim of treatment or control" and provides for an

imprisonment that can extend to five years.

including any cost of treatment.

Odisha Prevention of Witch-hunting Act, 2013 also criminalises witch-hunting

or the exercise or practise of witchcraft. It also criminalises the practice of a

extend to three years.

In Rajasthan, a similar law is in place. The Rajasthan Prevention Of Witch-

may take preventive action."

Best handmade jewellery…

his village/area/locality or community which may also include natural

relation to the commission of witch hunting, shall be disqualified from

The Assam Witch Hunting (Prohibition, Prevention, Protection Act, 2015

specifically provides for punishment of various forms of torture like stoning,

hanging, stabbing, dragging, public beatings, burns, cutting/burning of hair,

blunt or sharp weapons or objects.

Maharashtra Prevention And Eradication Of Human Sacrifice And Other In

wake of the alarming number of human sacrifices and practices of black

magic in the state. Similarly, Karnataka also notified a law against

superstition in 2020 and banned over a dozen practices.

Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black

magic, ranging from "expelling ghost" to isolating women for menstruation

almost all other states reported zero such cases.

commenting on the reports related to the murders, Justice Devan