ANALYSING THE ROLE OF TRADITIONS AND

SUPERSTITIOUS PRACTICES UNDER THE AMBIT OF

ARTICLE 25 IN THE PRESENT SET OF CIRCUMSTANCES

REPORT

Submitted by

Akshay Jose V S (Reg. no. 47419550009)

Anagha A (Reg. no. 47419550011)

Ananthapadmanabhan Nair B (Reg. no. 47419550012)

Anjana S (Reg. no. 47419550013)

Anjana Sugunan (Reg. no. 47419550014)

Anne Mary Grace (Reg. no. 47419550015)

Aparna S (Reg. no. 47419550016)

Arathi T S (Reg. no. 47419550017)

 2

In partial fulfilment of the practical training in

PROFESSIONAL ETHICS AND

PROFESSIONAL ACCOUNTING SYSTEM
For the
UNITARY LL.B DEGREE COURSE IN LAW

Under the guidance of

Smt. Deepthi Soman, LL.M
Dr. Rini M V, LL.M, Ph.D.
Dr. Sheema S Dhar, LL.M, Ph.D.
Assistant Professor

GOVERNMENT LAW COLLEGE

Barton Hill, Thiruvananthapuram, Kerala
Pin: 695037

MAY 2021

Dr. R. Biju Kumar

Principal
Government Law College
Thiruvananthapuram
 CERTIFICATE

This is to certify that the project work entitled “ANALYSING THE ROLE
OF TRADITIONS AND SUPERSTITIOUS PRACTICES UNDER THE
AMBIT OF ARTICLE 25 IN THE PRESENT SET OF
CIRCUMSTANCES” is a bona fide record of the work carried out by

Akshay Jose V S (Reg. No: 47419550009)

Anagha A (Reg. No: 47419550011)

Ananthapadmanabhan Nair B (Reg. No: 47419550012)

Anjana S (Reg. No: 47419550013)

Anjana Sugunan (Reg. No: 47419550014)

Anne Mary Grace (Reg. No: 47419550015)

Aparna S (Reg. No: 47419550016)

(Reg. No: 47419550017)

Arathi T S

towards the partial fulfilment of the practical training in Professional Ethics and
Professional Accounting System for the Unitary LL.B Degree Course in Law
during the year 2021.

Dr. R. Biju Kumar

Principal

Date: 03/05/2021
Thiruvananthapuram
 DECLARATION

This is to certify that the project work entitled “ANALYSING THE ROLE OF
TRADITIONS AND SUPERSTITIOUS PRACTICES UNDER THE AMBIT
OF ARTICLE 25 IN THE PRESENT SET OF CIRCUMSTANCES” is a bona
fide record of the work carried out by

Akshay Jose V S (Reg. No: 47419550009)

Anagha A (Reg. No: 47419550011)

Ananthapadmanabhan Nair B (Reg. No: 47419550012)

Anjana S (Reg. No: 47419550013)

Anjana Sugunan (Reg. No: 47419550014)

Anne Mary Grace (Reg. No: 47419550015)

Aparna S (Reg. No: 47419550016)

(Reg. No: 47419550017)

Arathi T S

under our supervision towards the partial fulfilment of the practical training in
Professional Ethics and Professional Accounting System for the Unitary LL.B
Degree Course in Law and is a genuine document. No part of the same has been
submitted for any degree or for any publication.

Thiruvananthapuram Faculty-in-charge
Smt. Deepthi Soman, LL.M
Dr. Rini M V, LL.M, Ph.D.
Dr. Sheema S Dhar, LL.M, Ph.D.
Assistant Professor
Govt. Law College
Thiruvananthapuram
 ACKNOWLEDGEMENT

We would like to express our gratitude towards our faculties Smt. Deepthi Soman,
Dr. Rini M V and Dr. Sheema S Dhar giving us the opportunity to work on this
project and for patiently guiding us through every step.

Special thanks are owed to our Principal, Dr. R. Biju Kumar, for the
encouragement and facilities provided to us for completion of this work.

We thank our friends and families who are forever willing to help us in every way
possible. We hope we have done justice to all the support given to us.

And above all, we thank God Almighty, for all the blessings we received.
 TABLE OF CONTENTS

Sl. No. Title Page No.

1. Introduction 1

2. Society’s approach to traditions & Superstitions 2

3. Tradition’s: An Overview 4

4. Inhuman Traditions and It’s Impact 5

5. Common Superstitions Practiced in India 10

6. Survey Assessment 14

7. Conflict in Traditions with existing laws 30

8. Crimes related to Superstitious Practices in India 43

9. Position of Anti-Superstitious laws in India 46

10. Conclusion 49

11. Reference 50
 1

Introduction

Freedom of religion is considered as the precious possession of every

individual from the inception of mankind (Harold E., 2002).1 Every modern nation
in the world, in their Constitutions, clearly establishes the right to freedom of
religion, belief, faith, thought, and expression of all these freedoms to all its
citizens. Many a time, these expressions and practices attributed to religions, faith
and beliefs become blind. Citizens or the people following such blind belief and
faith on religion and practising so-called religious activities infringes forcefully the
human right of others to live with dignity and status. The recent news and reports
reveals the truth that conflicts in the name of traditions and superstitious practices
like black magic are on the rise in India.

A tradition is a belief or behaviour passed down within a group or society

with symbolic meaning or special significance with origins in the past. Indian
culture is the heritage of social norms, ethical values, traditional customs and belief
systems. So tradition plays a significant role in establishing the cultural identity of
a nation. However certain traditions practiced from time immemorial are to be seen
as anti-social or as against the established laws of the land. Such traditions are
repudiated either by law, judicial interventions or were de-established over time as
the society turns more progressive.
Superstition is an irrational belief usually founded on ignorance or fear and
characterized by obsessive reverence for omens, charms etc. Richard Webster
(2012) argues that superstition‟ is that it is a notion, act or ritual that derives from
such beliefs; and any irrational belief, especially with regard to the unknown.2

Here, we have made an analysis of various traditions and superstitious

practices which were being observed in India, which are still being observed, and
how these affect the moral, philosophical, cultural identity of the people and the
role of laws in regulating such traditions and practices which are against social
norms or established laws of the land. Various traditions and superstitious
practices are being identified along with laws made to curb these practices. The
survey conducted on these aspects helped to give a clear idea with regard to these
elements and the society’s approach to such challenges.

1. Harold E. (2002), A History of the Religions of the World, Indiana: Xlibris Corporation Publishers.
2. Webster, Richard (2012), The Encyclopaedia of Superstitions, Llewellyn Worldwide Publishers.
 2

Society‘s approach to traditions and superstitions

Superstition is a common belief or practice which just has no scientific base, away
from the rational faculty. Since times immemorial the entire human race has been
living under the clothes of superstitions. Even the old civilizations like the Mayans,
Aztec, Egyptian, the Chinese or the Indian have been practicing the age-old
superstitions.

Human behaviour is conceived of as an outcome of genetic and biochemical

characteristics, past learning experiences, motivational states, psycho-social
antecedents, and the cultural context in which it unfolds. Culture plays a complex
role in the natural history and psycho-social development of human behaviour
comprising of customs, beliefs, values, knowledge, and skills. Social norms, the
shared rules that specify appropriate and inappropriate behaviours; mores, that
people consider vital to their well-being and to their most cherished values, and
sanctions, the socially imposed rewards and punishments that compel people to
comply with norms, constitute important ingredients of a culture. A society which
is a cohesive group of people shares all the ingredients of the culture among its
members3.
A large part of folklore beliefs are devoted to believes that some of them are
regional and some national or international ones. For example, unalterable speed,
fate, nature, luck, eye sore, ominous of number thirteen etc. are so widely present
in most human societies. Actually they are formed opinions that have been passed
on from generation to generation, changed in the passage of time and place, and
added or removed. People usually do not believe them in the same value. These
believes are changeable and vary from total dependency to lack of believe. Some
consider them superstition and some believe them firmly. Superstition believes
grow in the context of ignorance, and nearly all human societies have some
superstitious tendencies are. Common people tend to superstition, because wisdom
is usually difficult and troublesome. Therefore, humans prefer superstition to
reasoning and imagination to the truth. Perhaps superstition, as a man-made
phenomenon, is the only problem that, despite the changes and development of
societies, still exists and not only its intensity are not diminished in the twenty-first
century, but also it seems that its supporters increased.

3. Dr. R. C. Jiloha, ―Deprivation, discrimination, human rights violation, and mental health of the deprived‖,
Indian Journal of Psychiatry. 2010 Jul-Sep; 52(3): 207–212.
 3

A number of these beliefs are regional and recognized in a particular geographic

area, while some of these beliefs are international, for example, number 13, in
many cultures and nations is almost known for being unlucky and it has
unbelievably spread among people. It is important to note that due to the
relationship between superstitious beliefs and infrastructure of ethnic feeling and a
sense of existential security, they have earned such value and reputation that
almost they do not tolerate any conflicting beliefs. Historical, social, cultural and
biological ancestors created us a society that could never engage in rational
measurements and find the necessary relation between phenomena and objects.
 4

TRADITIONS: AN OVERVIEW

A tradition is a common way of doing things. It is something that many

people do, and have done for a long time. Usually, the people come from the same
country, culture, or religion. Usually, they do not know when the custom started. A
tradition is a belief or behaviour (folk custom) passed down within a group or
society with symbolic meaning or special significance with origins in the past4.
While it is commonly assumed that traditions have an ancient history, many
traditions have been invented on purpose, whether that is political or cultural, over
short periods of time.

The English word tradition comes from the Latin tradition, via French word
tradere. The concept of tradition includes a number of interrelated ideas; the
unifying one is that tradition refers to beliefs, objects or customs performed or
believed in the past, originating in it, transmitted through time by being taught by
one generation to the next, and are performed or believed in the present.
Originally, traditions were passed orally, without the need for a writing system.
Tools to aid this process include poetic devices such as rhyme and alliteration. The
stories thus preserved are also referred to as tradition, or as part of an oral tradition.
Some traditions were deliberately invented for one reason or another, often to
highlight or enhance the importance of a certain institution. Traditions may also be
adapted to suit the needs of the day, and the changes can become accepted as a part
of the ancient tradition. Many objects, beliefs and customs can be traditional.

Tradition can also refer to larger concepts practiced by groups (family traditions at
Christmas), organizations or societies, such as the practice of national and public
holidays. Some of the oldest traditions include monotheism (three millennia) and
citizenship (two millennia). It can also include material objects, such as buildings,
works of art or tools.
Traditions in India

Namaste!
That’s how you’ll be greeted at most places in India. This traditional Indian
greeting is accompanied with a slight bow and folded palms that are placed in front
of one’s chest. This popular custom is not a mere gesture; it literally translates to “I
bow to the divine in you” and reflects India’s rich culture, which has its roots in the
Ancient Indian scriptures and texts.

4. Thomas A. Green (1997). Folklore: an encyclopaedia of beliefs, customs, tales, music, and art.
 5

INHUMAN TRADITIONS AND ITS IMPACT

1. Female Genital Mutilation

Female Genital Mutilation (FGM) is practised in India by some Islamic

groups. The procedure is generally performed when a girl is seven years old and
involves the total or partial removal of the clitoral hood. Consequences of FGM
may range from discomfort to sepsis. FGM is practised by the Dawoodi Bohra, a
sect of Shia Muslim, and some Sunni communities in Kerala.

A small study, the first of its kind in India, it was reported that only a
specialist would be able to separate and cut the clitoral hood without cutting the
clitoris, and the clitoris had been cut in most cases examined as part of the study.
About 30% either feel discomfort while walking/urinating or have lost sensitivity
in the area.
In May 2017, a public interest litigation (PIL) case was raised in India's Supreme
Court. Sunita Tiwari, a lawyer based in Delhi, filed the case seeking a ban on FGM
in India. The petition claimed the practice violated children's rights under Article
14 (Right to Equality) and Article 21 (Right to Life) of the Constitution of India.
The advocate opposing the petition argued that khafz is an essential part of the
community's religion, and their right to practise the religion is protected under
Articles 25 and 26. India does not as yet have a law against FGM, the tradition has
continued to prevail for decades.

2. Self-Flagellation
A ritual of religious significance done in the name of atonement of one's sins is
practised widely even today and the people engaging themselves into the act
confess that they do not experience any sort of pain as they are in a religious
trance5. It is a ritual involving hitting oneself with a whip or whips of chains with
attached blades. It is practised among the Christian communities in the Philippines
and Mexico and among the Shi'a sect of Islam in countries like India, Pakistan,
Iraq and Lebanon during the holy month of Muharram.
Among Christians who practise this ritual, their beliefs of achieving a higher
place in heaven, self-realisation, forgiveness of one's sins and other people's sins is
what drives them into the act. While among the Shi'a sect, it is done to
commemorate the martyrdom of prophet Muhammed's grandson Hussein and as an
act of penance.
 6

3. Baby Tossing

Baby Tossing is an Indian Ritual followed in certain parts of India where

infants under the age of 2 years, are shaken by the priest and then dropped from a
30 to 50 feet shrine or mosque. While the origin of it is not known clearly, this
ritual is now celebrated in the first week of December. It is practiced by Hindus
and Muslims in rural regions of Maharashtra and Karnataka states in India.
Example: Baba Umer Dargah5 and Digambareshwara Temple in Nagrala village.
Every year two hundred families participate and over two hundred infants are
tossed from a height.

The Baby Tossing ritual has been practiced for over seven hundred years.
The ritual began as a resolution for the lack of understanding of the cures for ailing
and dying children and people of the regions belief and faith in the Almighty and
priest. The parents of the ailing and dying babies were advised by a priest to build
a shrine and throw their ailing baby from the roof. If they truly believed and trusted
in the almighty, a hammock-like sheet would appear in mid-air for their safety.
There is no reported mortality or injuries of children from this ritual. In 2009, the
National Commission for Protection of Child Rights made attempts to ban the
ritual. The practice resumed again in 2011 at the Digambareshwara Temple.

4. Fire Walking
It is a ritual with religious significance made in a gesture of paying
their respects to God, repelling evil influences and purifying one’s soul. Fire
walking takes several forms, the most common being the practice of walking
swiftly over a layer of embers spread thinly along the bottom of a shallow trench.
Sometimes the devotees or priests or oracles have to walk through a blazing log
fire. Instead of embers from a wood fire, there may be red-hot stones or embers
may be poured over the devotee’s head in a “fire bath,” or the devotee may lash
himself with a flaming torch. Various explanations are offered for fire walking. Its
performance is said sometimes to ensure a good harvest, other times to purify the
participants; a man who is accused of a crime or of uttering an untruth may be
asked to undergo the ordeal of fire to prove his innocence, and if he emerges
unscathed his innocence is proved. Fire walkers believe that only those who lack
faith will suffer from injuries from fire, while the faithful are spared. Devotees also
undertake fire walking in fulfilment of vows.
5."Indian Baby-Dropping Ritual at Baba Umer Durga, A Local Shrine, Is Unreal". The
Huffington Post.
 7

5. Human Sacrifice

Human sacrifice or ritual killing has been in practise since ages and sadly
still exists in many parts of the world. It is done to express their gratitude towards
God .In India, human sacrifice is mainly known as "Narabali". Here "nara" means
human and "bali" means sacrifice. In Maharashtra, the Government made it illegal
to practice with the Anti Superstitious and Black Magic Act.

Currently human sacrifice is very rare in modern India. However, isolated

incidents of sati ("self-"sacrifice of a widow, sometimes despite her will) were
recorded in India in the late 20th century, leading the Indian government to
promulgate the Sati (Prevention) Act in 1987, criminalising the aiding or glorifying
of sati.

6. Triple Talaq

Triple Talaq also known as talaq-e-biddat, instant divorce and talaq-e-

mughallazah (irrevocable divorce), was a form of Islamic divorce which has been
used by Muslims in India, especially adherents of Hanafi Sunni Islamic schools of
jurisprudence. It allowed any Muslim man to legally divorce his wife by uttering
the word talaq (the Arabic word for "divorce") three times in oral, written or, more
recently, electronic form. In the case Shayara Bano v. Union of India & Others6 the
bench heard the controversial triple talaq case in 2017. The Supreme Court
examined whether Triple talaq has the protection of the constitution—if this
practice is safeguarded by Article 25(1) in the constitution that guarantees all the
fundamental right to "profess, practice and propagate religion".
The Court wanted to establish whether or not triple talaq is an essential feature of
Islamic belief and practice. The bench asked the central government to promulgate
legislation within six months to govern marriage and divorce in the Muslim
community. The court said that until the government formulates a law regarding
instant triple talaq, there would be an injunction against husbands pronouncing
instant triple talaq on their wives.

6. AIR 2017 9 SCC 1 (SC)

 8

7. Devadasi System

The Devadasi is a Sanskrit term which means servant of Deva. This is a

kind of religious practice carried on basically in the southern part of India. In
which a girl in her pre puberty period was dedicated to worship and service of
deity or a temple for the rest of her life by her parents. They would be ‘married’ to
the deity and after the ceremony they are required to perform useful functions at
temples like cleaning of temples, lighting lamps, dressing the deities etc. They
were also involved in singing devotional songs, dancing in devotion to the deities,
teaching music and dance to the girls and to carry on and develop the tradition of
classical music and dance.

The system of devadasis was misunderstood by the Mughal rulers and

Europeans as because they were totally unaware about the idea of art as an offering
to God. As per their understanding girls dancing and singing in temple are doing
that for the purpose of entertainment of rich people and they were not better than
prostitute. This phenomena leads to degrade the status of Devadasi’s in society and
because of their financial problem they became mistress of royal and rich man.
This led to the religious prostitution in temples of India. The devadasi’s were
exploited by the rich, powerful and upper class people and in the other side their
economic needs were not permitted them to leave this practice and ultimately they
were driven to the valley prostitution.

The first Law which declares this system illegal was enacted in the year of
1934 in the name of Bombay Devadasi Protection Act. Further the Madras
Devadasi (Prevention of Dedication) Act, 1947 outlawed this practice in Madras.
In 1988, the devadasi system was completely outlawed all over India.

8. Sati

Sati is the act or custom of a Hindu widow burning herself or being burned
to death on the funeral pyre of her husband. After watching the Sati of his own
 9

sister-in-law, Ram Mohan Roy began campaigning for abolition of the practice in
1811. The practice of Sati was abolished by Governor General Lord William
Bentinck in British India in 1829. Thus, Sati was first banned under Bengal Sati
Regulation, 1829. On 3 January 1988, the Indian parliament enacted the
Commission of Sati (Prevention) Act 1987 abolishing Sati in the whole of the
country.
 10

Common Superstitions Practiced in India

1. Don't step out during an eclipse - Observing the Sun during a solar eclipse can
cause retinal burns or eclipse blindness. Based on a series of observations, our
ancestors probably reached the conclusion that it was not advisable to set out
during an eclipse. The superstition about Rahu's head blocking the Sun is a story
woven around this practice.

2. Do not sleep with your head facing the North - Preventing cardiovascular
diseases - Our ancestors probably knew about the relation between Earth's
magnetic field and the human body's field (bio magnetism). They probably made
this rule of sleeping with your head in the South because of the harmful effects
related to blood pressure and other diseases that asymmetry with the Earth's
magnetic field would create. However, today we only get to hear that 'sleeping
with one's head in the north is inviting death' not why.

3. A girl shouldn't do certain things while she is menstruating - Giving women

time for rest - The first sanitary pads were invented in the year 1896, while
commercial painkillers like Meftal were not available before the 20th century.
Before that, the five stressful days of menstruation which entail cramps and pain
for many women were dealt with Indian medicines. Probably women did not work
during those days because of discomfort and slowly this became a ritual and
degraded to the form of a superstition.

4. Don't go near a Peepal tree in the night - Avoid inhaling carbon dioxide - Jan
van Helmont found out the recipe of plant-food in mid-17th century. Before that
the world was clueless about the relation between sunlight, carbon dioxide that
magically produces glucose for plants. Our ancestors probably knew about
photosynthesis and the effects of inhaling carbon dioxide in the night. Hence
people were discouraged from venturing near a peepal tree at night and stories of
ghosts were woven around these trees.
 11

5. Bathe after attending a funeral ceremony - Preventing infection - Our

ancestors did not have vaccination against hepatitis, smallpox and other deadly and
contagious diseases. Hence they came up with a set of rituals to be followed after
the funeral rites are performed so as to prevent infection from the dead body.
Slowly stories about the deportee’s soul got linked to this practice.

6. The mourning family of a dead person should not cook food until Shraddha
- Giving them time to cope and rest - There is a ritual in the Hindu religion that
prevents the lighting of the hearth in the house of the deceased until the Shraddha.
Superstition says this is to prevent the burning of the soul of the deceased.
However, the practice may have been started to provide rest to the family of the
deceased for mourning, to help them cope with the death of a loved one.

7. Don't cut nails after sunset - In the absence of light, one might get hurt - Nail
clippers were sharp blades which required precision and light to be used in the
absence of which one could get hurt.

8. Don't wash your hair on a certain day - Saving water - The practice of not
washing the hair on certain days like Tuesday or Thursday are attributed by some
to the water management practices.

9. Sweeping the floor during the evening brings bad luck - Something important
might get swept away in the dark - Conduct and discipline are the cornerstones of
Indian society. The belief that sweeping the house after sunset brings bad luck is a
superstitious belief that we have all encountered now and then. Our ancestors
probably preferred to clean their house during the day because of the sunlight and
to avoid sweeping away something important. This practice like others slowly
managed to weave a story around it.

10. Crush the head of a snake after killing it - It is capable of attacking with a
severed head - Superstition says that one should crush the head of a snake after
killing it otherwise its kin might find an image in its eyes and seek revenge. In fact
the reason is that a snake can bite or kill a person even with a detached head. Also,
being a cold-blooded organism, even if some of its vital organs stop working it will
 12

stay alive for hours and die a slow and painful death. So it is recommended to
crush its head to give it a quick and painless death.

Other side of superstition in India

Religious Superstition in India

Now a days, Superstitious thinking, and practices are considered as a widespread

social problem in India. Superstition refers to any belief or practices which
presuppose a faulty understanding about cause and effect, usually by assuming
notions of casualty that have been rejected by modern science, but many represent
long standing popular beliefs or practices. These superstitions are centuries old,
deep rooted and considered as part and parcel of our daily routine life, part of our
tradition, culture. Some of these beliefs and practices are centuries old and are
considered part of the tradition and religion by a small of fundamentalist in every
stake. The beliefs and practices vary from religion to religion, with many religions
having their own specific beliefs. It is often very difficult to distinguish faith from
superstition. Superstitions change with respect to time and the individual.7

The practices which cause blatant violations of fundamental rights of

common man are like branding women as witches and making them walk without
clothes and beating them; persuading people to substitute medical aid by tying
threads or getting bitten by a snake, dog, or scorpion; threatening to bring evil
upon someone through supernatural powers; claiming to change the sex of the
foetus by inserting fingers in the womb.

Godmen and faith healers: The word godman in modern usage is a

colloquial blanket term used for charismatic spiritual leaders. Locally, they may be
referred to as baba, swami, guru or shastri. Many of them claim to have magic or
psychic powers and perform miracles. On the other hand, some provide spiritual
advice. There are female gurus as well. Many of them are worshiped by their
followers as avatars or living gods. Many of them belong to ancient ascetic
lineages or claim to be successor to some previous spiritual predecessor.
7. Dr. Narendra Dabholkar, Faith and Superstition,2013
 13

Witch-hunts: Some people, mostly in villages, have the belief that

witchcraft and black magic are effective. This prompts some to seek advice from
witch doctors for health, financial or marital problems. Unfortunately, others,
especially women, are accused of witchcraft, attacked, and occasionally killed.

Untouchability: It is the product of the caste system that prevailed in the

country. Lower caste people were considered as polluted by the higher caste
people. Touching them was thus considered to make their body polluted too.
Hence, the lower castes were not allowed to use common well, road, or any act that
gives direct contact with the higher caste people. It was abolished under Article 17
of the Indian Constitution.
 14

SURVEY ASSESSMENT

We conducted our survey using google form to find out how people react to
traditions and superstitions practices in this present social circumstance. Our
survey saw a participation of 369 people from various facets of the society
responding. Response to each question saw varying figures as not everyone
responded to all questions being asked. A total of 18 questionnaires were set for
the survey and the socio-demographic profile of subjects showed that:

 AGE

Age
50 above 15-20
35-50

2%
4% 8%

21-35
86%
15-20 21-35 35-50 50 above

Regarding age, out of 362 responses we got 86.2% of people responded belonged the
age of 21-35 years, 8% were of the age of 15-20 years, 4% were of the age of 36-50years
and 1.8% were of the age above 50 years.

 GENDER

Regarding gender, Out of 365 people responded 54% of people responded were
males and 46%of people responded were females.
 15

GENDER

female
46%
male
54%


QUALIFICATIONS

QUALIFICATION
Other
4% Undergraduates
17%

Postgraduates
24%

Graduates
55%

Regarding qualifications, Out of 366 people responded 16.4% of people were

undergraduates, 55.2% were graduates and 24.3% were postgraduates.
 16

RELATIONSHIP STATUS

MARITAL STATUS

1%

3%

26%

Married
Single
Widowed
Living relationship

70%

Regarding marital status, Out of 365 people responded 70% of people were single, 26%
were married , 3% were windowed and 1% were in living together relationship.

• RELIGION

RELIGION
Other
Atheist
1%
Muslims 6%
7%

Hindus
Christians 55%
31%
 17

Regarding the Religion, out of 366 people responded 54.9% were Hindus, 31.1% were
Christians, 7% were Muslims, 6% were atheist and 1% was those who profess other
religions.

• RELIGIOUS VIEW OF RESPONDENTS

When we asked people that whether they believe in the concept of religion, out of
366 people responded 61.1% of them responded affirmatively.26.2% replied in
negative and

BELIEF IN THE CONCEPT OF RELIGION

not sure
11%

no
26%

yes
63%

yes no not sure

10.7% replied that they are not sure about it. Thus majority of subjects turn out
to be religious.

•
View on traditions and practices, out of 332 people responded
43.7% replied,
 18

Believes in Traditions and Practices

18%

44%
12%

26%

Belives in tradition and practices them Believes in tradition but doesn’t parctices them

Doesn’t believe in traditions but practices them Doesn’t believe in traditions and never parctices them

that they believes in tradition and practices them, 25.9% were believers of tradition
but does not practice them,30.5% of subjects were not believers of tradition but
12.7% of practices tradition even though they not believe in traditions. we could find
that 56.5% of people responded practices tradition even the believe in traditions or not
thus it could be find that traditions are sustained not only through believers of it but
also through non-believers.

• VIEW ON OTHER RELIGIONS

Regarding the view of people on other religions out of 356 people responded 48.3%
replied to be believers of other religion to in addition to their own,39.3% were tolerant to other
religions but
12.4% opposed all religions. we could find that 87.6% of people responded to be giving
respect to the existence of other religion even if they are not believers of any religion thus give
respect to other religion.
 19

View on other religions

13%

48%

39%

Believes in other religions Tolerant to other religions Oppose all religions

• GOVERNMENT INTERFERE IN RELIGIOUS TRADITIONS AND

PRACTICES

Regarding government interferences in religious traditions and practices, out of 361

people responded 23.5% of people were of the view that government should interfere in religious
traditions and practices but 38.2% were of the view that government should not interfere in the
traditions and practices. Thus majority view is against interference of government in the matter
of tradition.it can draw from the responses we got that people do not think tradition as a public
matter in which government should interfere but to be a personal priority.
 20

Govt Interference in Religious traditions and

Practices

13%
24%

25%

38%

Yes No Can't say Others

•
SEEKING PUBLIC OPINION BEFORE MAKING LAW AFFECTING
TRADITIONS

8%

29%

63%

Yes No may be
 21

On the question of seeking public opinion before making law affecting traditions ,out of
364 people responded, majority (62.6%) replied that government should seek public opinion
before making any law affecting traditions, 29.1% replied that government may seek public
opinion in this regard and only 8.2% were of the view that there is no need of seeking public
opinion in this regard. thus majority of subjects finds that government should seek their opinion
before making law affecting their traditions. which implies that people see law effecting
tradition as a matter affecting their interest at large traditions existing in the society do definitely
have importance with in minds of people.

•
BELIEVE THAT TRADITIONS AND BELIEFS ARE PART OF
RELIGIOUS FREEDOM

28%

41%

31%

Absolutely Not at all Not sure

Out of 360 people responded to the question that whether they believe that traditions and
beliefs are part of religious freedom, 40.8% of subjects were of the view that traditions
and beliefs are part of the religious freedom and 30.8% not think so. Thus most of the
subject believe that traditions and believes are part of religious freedom guaranteed by
our constitution and opposes any law against their right.
 22

▪ VIEW ON SABARIMALA ISSUE

7%

21%
41%

31%

Equality should have been given importance than tradition

Tradition should have been given importance than equality
Can’t say
Others

Out of 358 people responded ,41.3% were of the view that equality should be
given importance than tradition ,30.7% were of the view that tradition should be given
priority over equality, 21.5% had no answer on this regard. thus even though most of the
subjects were giving respect and importance to traditions but most of them do not see it
as superior to equality but still there are many who give priority to tradition than equality.
 23

•
Whether struck down of 497 IPC (section criminalizing adultery)
have a negative effect on value of marriage

23%

31%

46%

Yes No Maybe

Out of 344 people responded 23.5% replied affirmatively, 30.5% were of the view that
struck down of 497 IPC may have an effect on marriages and 45.9% not think so. Thus
when we take overall view of responses it could be see that people who think that struck
down of 497 IPC have an effect on marriages even though there is a minimum chance of it
constitutes 54% .thus it can be implied that a good number of people think that struck down
of a law which have some consistency with their tradition have an effect on the tradition.

❖ VIEW REGARDING SUPERSTITIONS

•
BELIEVE IN OMEN

When we asked people that whether they believe in omen, out of 323 responses,
majority (64.4%) were of the view that that they don’t believe in omen, only 10.8% replied
affirmatively and 24.8% were not sure about it. Thus majority do not seem to be
superstitious.
 24

Yes
Maybe 11%
25%

No
64%

Yes No Maybe

•
STAND ON ASTROLOGY

Stand On Astrology
7%
25%

36%

32%

Strongly approve doesn’t disapprove doesn’t approve strongly disapprove

Regarding stand of people on astrology out of 359 responses 7.2% approves astrology,
36.2% does not disapprove, 32% does not approve and 24.5% strongly disapprove it. Thus
almost equal number of people approves and disapproves astrology.
 25

Thus it can be assumed that some believes that it have rationality or it to be an ancient
science/knowledge which could be believed.

•
Personal experience within close circles with regard to black magic,
satanic worship or exorcism

2%

21%

77%

YES NO OTHERS

Out of 359 responses 76.6% were replied that they had heard not heard such things from
the people they know. 21.4% replied affirmatively , it could be assumed through the
responses that these kind of extreme and dangerous superstitious activities are either
practiced in hidden way or majority people do not believe in it so do not talk about it.

•
If you happen to notice any of these: black magic, satanic worship
or exorcism in your neighbourhood what would be the response?
 26

10%

47%

43%

Reach out to public authorities ignores them Others

Out of 350 people responded 47.4% replied that they will reach out to public authorities,
42.6% responded that they will ignore it. Thus it could be observed that almost equal
amount of people are there who respond against it and who just ignores it, i.e. there are
many who do not wants to get in to trouble by responding against or believes that if they
respond against it something bad will happen to them.

•
ROLE OF BIRTH TIME IN THE LIFE OF A PERSON

Regarding the role of birth time in the life of a person out of 363 people responded
58.4% does not believe that birth time have any crucial role in their life ,17.1% think that
birth time have an effect on their lives, and 24.5% are not sure about this matter. Thus a
majority response of not believing in birth time having a crucial role in their lives gives an
assumption that people have started thinking of betterment of their lives through their hard
work not relying on their luck.
 27

17%

25%

58%

YES NO MAYBE

INFERENCE

It could be observed that people belonged to all age groups responded to this
survey. Almost equal number of female and male subjects responded to this
survey which included married, single and living together subjects. Our
subjects were of various qualifications and belong to different religions in
our society.

The aim of the survey was to find out the varying views of people in the
society regarding traditions and superstitions.

Through this survey we could find that majority of people believes in religion and
believes in the established traditions of their religion and a large number of
 28

subjects practiced traditions even if they don’t believe in them. Thus traditions are
kept alive not only by believers of such traditions but also by non-believers. It
could be find that majority of subjects have respect towards other religions and
even a large number of them even believed in omens and some who believes in
religious exclusivism thus opposes other religions existing. It is an indicative that
society still consists of people who upholds their religion as superior and true thus
they won’t be opposing any traditions and superstitions existing in their religion.
Blind faith on religion existing in the society paves path to extreme and dangerous
superstitious and traditions in the society. We could find that majority of the
subjects see traditions as a personal priority than a state subject thus wants to be
heard when any legislations are brought on it. Most of the subject does not want
any state interference in their traditions even think it as a part religious freedom
guaranteed by our constitution and other legislations regarding it. Among them
also exist who think equality to be superior to their religious freedom. It could be
observed that a good number of people think that struck down of a law which have
some consistency with their tradition can have an effect on the tradition itself
which could adversely affect the society. Thus most of the subjects are religious,
practices traditions and gives respect to other religions.

Even though most of the subjects were religious, supporters of traditions but they
oppose superstitions. Majority of them do not believe in omen and birth time
based destinies. An equal number of people approves and disapproves astrology.
Thus it can be assumed that some believes that it have rationality or it to be an
ancient science/knowledge which could be believed. Majority of subjects have not
heard about any one with in their close circles having personal experience of black
magic, satanic worship or exorcism but it could be seen that there exist people
who heard about such things happened with people they know, which shows that
these kind of practices still prevails in our society and a good number of people
like to ignore f they happens to see such kind of practices happens in
neighbourhood. Ignorance can be due to thinking these kinds of practices to be
useless or fear of getting in to trouble by responding against it. Thus even if
people are not inclined towards superstitious practices they not likely to respond
against it if they come to know about such incidents, such approaches are in fact
giving environment of uninterrupted continuances for such practices. So on the
backdrop of this survey we concluded that traditions and superstitions still prevail
and exercises influence on our society even among highly educated people belong
to different religious beliefs and different age groups. It was quite surprising to
 29

come into a conclusion that even the youth had up voted practice of traditions and
superstitions even when they claim to disbelieve in the institution of religion.
However, a potential change could be identified with decreasing age pattern to that
of traditions and superstitions.
 30

Conflicts in traditions with existing laws

Sabarimala Case

Indian Young Lawyers Association v/s. State of Kerala &Ors.8

The case was filed in 2006 by the Indian Young Lawyer’s Association through
public interest litigation (PIL) before the Hon’ble Supreme Court of India. The
case deals with an important aspect i.e. “Entry of Women in Sabarimala Temple”.
There were many issues raised in which it was argued by petitioners that
provisions related to the restriction of the women entry in Temple are
unconstitutional as it violates Article 14, Article 15, Article 17, Article 25, Article
26 of the Indian Constitution. The Sabarimala Temple is situated in the Periyar
Tiger Reserve in the western ghat mountain ranges of Pathanamthitta District,
Kerala. It forbids the entry of women in their menstruating age that are between
the ages of 10 to 50 years stating that the ban being said to be out of respect to the
celibate nature of the deity in this temple.

A Kerala high-court judgement had legalized and forbade women from entering
the temple since 1991. In September 2018, a judgement of the Supreme Court of
India ruled that all Hindu pilgrims regardless of gender can enter. The Constitution
bench of the Supreme Court held that any exception placed on women because of
biological differences violates the Constitution - that the ban violates the right to
equality under Article 14, and freedom of religion under Article 25 . This verdict
led to protests by millions of Ayyappa devotees who oppose the verdict.

Arguments against women entry

Some believe that such restrictions are as per traditions to respect the deity of the
temple; similar to this there are restrictions against men too in several prominent
temples. Others simply cite the at least 500-year-old tradition should be continued
to be practised. Another point that was raised against the women was the fact that
there are multiple temples dedicated to the Hindu deity Ayyappa. Out of the many
 31

temples dedicated to Ayyappa, only one temple restricts the entry of the women in
reproductive age. Another argument is that Sabarimala temple is situated on the top
of a hill surrounded by mountains and dense forests, which some regard as
physically challenging to women to navigate. An official of Sabarimala has
pointed out that there will be lack of adequate sanitation facilities for women, thus
making their journey difficult. Hospital facilities are also sparse.

Arguments in favor of women entry

Those in favour of allowing women entry to Sabarimala temple argue that

menstruation is not impure, and that women have equal right to enter the
temple. Some pointed out that women are allowed to enter other temples of
Ayyappan, so that the exception for Sabarimala is unusual and inconsistent. A
frequent criticism is that claims that women are impure, based on the physiological
process of menstruation, is gender discrimination.

Kerala High Court verdict

In 1990, S Mahendran started a petition, alleging that young women were visiting
Sabarimala. The verdict on the petition came in 1991 where Justices K.
Paripoornan and K. Balanarayana Marar of the Kerala High Court banned entry of
women between ages 10 and 50 from offering worship at Sabarimala, stating that
such restriction was in accordance with the usage prevalent for a long time. In
addition, the High court directed the Government of Kerala to use the police force
to enforce the order to ban entry of women to the temple. The court observed thus:
Such restriction (restriction of women entry) imposed by the Devaswom Board
does not violates Articles 15, 25 and 26 of the Constitution of India. Such
restriction is also not violative of the provisions of Hindu Place of Public Worship
(Authorisation of Entry) Act, 1965 since there is no restriction between one section
and another section or between one class and another class among the Hindus in
the matter of entry to a temple whereas the prohibition is only in respect of women
of a particular age group and not women as a class.

8. 2018 SCC 1690

 32

Supreme Court verdict

In 2006, six women, members of the Indian Young Lawyers' Association,
petitioned the Supreme Court of India to lift the ban against women between the
ages of 10 and 50 entering the Sabarimala temple. They argued that the practice
was a violation of their constitutional rights and questioned the validity of
provisions in the Kerala Hindu Places of Public Worship (Authorisation of Entry)
Rules act of 1965 which supported it.
In September 2018, the Supreme Court of India ruled that women of all age groups
can enter Sabarimala temple. The verdict was passed with a 4-1 majority. The
Supreme Court observed that the custom of barring women was in violation of
Article 25 (Clause 1) and Rule 3(b) of Kerala Hindu Places of Worship. The
petition that led to this verdict was filed by the Indian Young Lawyers Association.

The Sabarimala judgement is a bold and unabashed narrative. The Supreme Court
has adopted a reformist and interventionist approach by upholding human dignity
and equal entitlement to worship for all individuals. This disruptive and
empowering verdict has tightened the noose around what would earlier easily pass
off as an ‘essential religious practice’ and has developed a test to establish the
veracity of such claims thereby minimising the scope for discrimination of any
form practiced under the wrongfully interpreted sanctions of religion.
33
 34

TRIPLE TALAQ CASE

Triple talaq, also known as talaq-e-biddat, instant divorce and talaq-e-

mughallazah (irrevocable divorce), was a form of Islamic divorce which has been
used by Muslims in India, especially adherents of Hanafi Sunni Islamic schools of
jurisprudence. It allowed any Muslim man to legally divorce his wife by uttering
the word talaq (the Arabic word for "divorce") three times The use and status
of triple talaq in India has been a subject of controversy and debate. Those
questioning the practice have raised issues of justice, gender equality, human rights
and secularism. The debate has involved the Government of India and the Supreme
Court of India, and is connected to the debate about a uniform civil code (Article
44) in India. On 22 August 2017, the Indian Supreme Court deemed instant triple
talaq (talaq-e-biddah) unconstitutional. On 30 July 2019, the Parliament of
India declared the practice of Triple Talaq illegal and unconstitutional and made it
a punishable act from 1 August 2019.

Practice in modern period

Triple talaq is a form of divorce that was practised in Islam, whereby a Muslim
man could legally divorce his wife by pronouncing talaq (the Arabic word for
divorce) three times. The pronouncement could be oral or written, or, in recent
times, delivered by electronic means such as telephone, SMS, email or social
media. The man did not need to cite any cause for the divorce and the wife need
not have been present at the time of pronouncement. After a period of iddat, during
which it was ascertained whether the wife is pregnant, the divorce became
irrevocable. In the recommended practice, a waiting period was required before
each pronouncement of talaq, during which reconciliation was attempted.
However, it had become common to make all three pronouncements in one sitting.
While the practice was frowned upon, it was not prohibited. A divorced woman
could not remarry her divorced husband unless she first married another man, a
practice called nikah halala.
The practice of talaq-e-biddat is said to have been around since the period of
Caliph Umar, more than 1400 years ago. The Supreme Court described it as
"manifestly arbitrary" and said that it allows a man to "break down [a] marriage
whimsically and capriciously".
Triple talaq is not mentioned in the Quran. Many Islamic nations have barred the
practice, including Pakistan and Bangladesh, although it is technically legal in
Sunni Islamic jurisprudence. Triple talaq, in Islamic law, is based upon the belief
that the husband has the right to reject or dismiss his wife with good grounds.
 35

The All India Muslim Personal Law Board (AIMPLB), a non-governmental

organisation, had told the Supreme Court that women could also pronounce triple
talaq, and could execute nikahnamas that stipulated conditions so that the husbands
could not pronounce triple talaq.

Opposition to Triple Talaq

The practice faced opposition from Muslim women, some of whom filed public
interest litigation in the Supreme Court against the practice, terming it
"regressive". The petitioners asked for section 2 of the Muslim Personal Law
(Shariat) Application Act, 1937, to be scrapped, describing it as being
against Article 14 of the Constitution (equality before the law).
On 13 May 2017, during the hearings before its final judgment, the Supreme Court
described instant triple talaq as the "worst form of marriage dissolution". It noted
that the custom is banned even in the Muslim-majority countries.

Support
Triple talaq has been supported by the All India Muslim Personal Law Board
(AIMPLB), a non-governmental body that supervises the application of Muslim
personal law. It believes that the State does not have the right to intervene in
religious matters citing Article 371A to state that even the Constitution does intend
to protect matters of practice, tradition and customs of communities.

Legal Ban on Triple Talaq

The Muslim Women (Protection of Rights on Marriage) Act, 2019 passed on 26

July 2019. It made triple talaq illegal in India on 1 August 2019, replacing the
triple talaq ordinance promulgated in February 2019. It stipulates that instant triple
talaq (talaq-e-biddat) in any form – spoken, written, or by electronic means such as
email or SMS – is illegal and void, with up to three years in jail for the husband.
Under the new law, an aggrieved woman is entitled to demand maintenance for her
dependent children.
The provisions of the bill are as follows:

• All declaration of instant triple talaq, including in written or electronic form,

to be void (i.e. not enforceable in law) and illegal.
 36

• Instant triple talaq remains cognisable offence with a maximum of three

years' imprisonment and a fine. The fine amount is decided by the magistrate.
• The offence will be cognisable only if information relating to the offence is
given by the wife or her blood relative.
• The offence is non-bailable. But there is a provision that the Magistrate may
grant bail to the accused. The bail may be granted only after hearing the wife
and if the Magistrate is satisfied with reasonable grounds for granting bail.
• The wife is entitled to subsistence allowance. The amount is decided by the
magistrate.
• The wife is entitled to seek custody of her minor children from the marriage.
The manner of custody will be determined by the Magistrate.
• The offence may be compounded (i.e. stop legal proceedings and settle the
dispute) by the Magistrate upon the request of the woman (against whom talaq
has been declared).
 37

HAJI ALI DARGAH CASE

Dr Noorjehan Safia Niaz & Anr v/s. State of Maharashtra9

In this case, the petitioner contended in their appeal to the court that they
have visited the shrine since they were children but when the petitioner paid a visit
to the Haji Ali Dargah there was a barricade installed before the entrance of the
sanctum. They also wrote a letter to the Solicitor of the Trust explaining their stand
in the matter but when the reply came from the Minorities Development
Department by stating that the Dargah is open for all despite any discriminatory
factory i.e., gender, caste, faith, etc. and for maintaining peace and decorum they
now even have installed separate entrances for both men and women. But it was
not true the petitioner claimed that there is still no entry for women in the Holy
Shrine. However, the petitioner also mentioned that the Dargah trust was formed
under the court’s scheme and as per the scheme there was no power of the trust to
impose a ban on women’s movement. And it also infringes the constitutional right
of the female devotees under Article 14, Article 15 and Article 26 of the Indian
constitution. Trust is only entrusted to manage and maintain affairs of the Dargah;
it has no authority to impose any kind of restriction. The other contentions of the
petitioner involved that under Article 25 of the Indian Constitution the trust has a
right to manage it but they cannot regulate it because Article 26 cannot set aside
Article 25 where every citizen of India has an equal right to practice their religious
belief. The reasoning of imposing the ban on women’s entry is unreasonable and it
is violating their fundamental right under Article 14 and 15 and it is hence
important to imply the doctrine of harmonious constructions i.e. when there is a
conflict between two provisions they both need to be interpreted distinctly.

After noting the contentions of the petitioner the court moved further and stated
Article 13 of the Indian Constitution where it is the responsibility of the state to
make sure that no one’s fundamental right gets violated and even if any act or
provision is inconsistent with the provisions of the Constitution such acts or
provisions become void. However, the only demarcation of making a change in the
act or provision is given under Article 13(3) where it is stated that on the basis of

9. 2016 SCC 5394

 38

the constitutional necessity of law the state is required to enforce it but the
defendant failed to prove their stand on the necessity of imposing restriction on
women’s entry. Hence, the High court said that the state cannot compromise
anyone’s right under Article 14 and 15 and they are obliged to ensure that
everyone is treated equally without any discrimination based on gender, caste,
religion, race, and place of birth.

The ban violated the fundamental right of the women under Article 14, 15, and 25
and the state has to ensure that no one’s right infringes because of any act or
provisions. The court after observing the ban on women’s entry gave the verdict in
favour of the petitioners because they failed to justify the ban as an essential part of
the fundamental of Islam.
39
 40

Nikil Soni v/s. Union of India10

The case arose out of a public interest litigation filed by a lawyer Mr. Nikhil
Soni, praying for directions to treat the Jain practice of “Santhara” or “Sallekhana”
as illegal and punishable under the law of the land and that the instances given in
the pleadings, be investigated and subjected to suitable prosecution of which, the
abetment be also treated as criminal act. It was claimed that practice of santhara
amounts to self-destruction and therefore is within the confines of suicide under
section 309 of the IPC and is also violative of ‘right to life’ of an individual since
‘right to die’ is not guaranteed under part III by the Constitution of India. Among
Jain community, it is a greatly respected practice of renouncing of all passions and
desires and taking the death in its own stride. Although, there is no mention of a
particular age for undertaking santhara, since it requires all purposes of life to be
over, it is taken by old aged people only. The petition was filed in 2006 and after
the issue of notice to the concerned parties in the year 2006; the matter was finally
heard on April 24, 2015.

In this case, the petitioners argued that fasting until death is primarily a tool of
self-destruction, it is an ancient practice that doesn’t fit into modern thinking – that
even if this is backed by faith or belief, this act is of a criminal nature and cannot
be protected by the fundamental right to freedom of religion as it is a threat to
public order, morality and health. The case of Santhara is a unique one. It has
opened up a long-drawn debate on the right to die with dignity; raising complex
philosophical and legal question of state interference in an individual’s right to
bodily autonomy .The court having heard both the sides criminalized the ancient
religious practice of the Jain community and passed its verdict on August 10, 2015
with the findings that:

➢
The practice of ‘Santhara’ or ‘Sallekhana’ is not an essential religious
practice of Jains so as to be saved by article 25, 26 or 29 of the Constitution
of India; and

➢
The practice of santhara amounts to ‘suicide’ punishable under section 309
of the IPC and its abetment is punishable under section 306 of the IPC.

Directions were given to State authorities to stop the practice of 'Santhara' or

'Sallekhana' and to treat it as suicide punishable under section309 of the Indian
Penal Code and its abetment by persons under section 306 of the Indian Penal
Code. The State shall stop and abolish the practice of 'Santhara' and 'Sallekhana' in
the Jain religion in any form.

10. 2015 Cri LJ 49

 41

Entry of Women in Shani Shingnapur temple

Shani Shingnapur is a village in the Indian state of Maharashtra. It is known for its
popular temple of Shani, the Hindu god associated with the planet (graha) Saturn.
According to a 400-year tradition, women are restricted from entering the inner
sanctum. On 26 January 2016, a group of over 500 women, led by activist Trupti
Desai, marched to the temple under the group "Bhumata Ranragani Brigade",
demanding entry into the Inner sanctum. They were stopped by the police. In a
landmark judgement on 30 March 2016, the Bombay High Court asked
Maharashtra government to ensure that women are not denied entry to any
temple. On 8 April 2016, the Shani Shingnapur trust finally allowed the women
devotees to enter the sanctum
42
 43

Crimes related to Superstitious Practices in India

Nanthancode Murder Case11

Cadel Jeanson Raja, aged 30 years, was accused of murdering 58-year-old C

Jean Padma, 60-year-old A Raja Thangam, his father, 25-year-old Carolyn, his
sister and a 70-year-old relative of his, Lalitha. The police suspected it could have
been a case of occultism and satanic worship. The horrific series of murder has
happened to be the results of experiments in astral projection. The incident
occurred on April 9, 2017, where mutilated bodies of four members of the family
were found in the Bains compound.

Cadel Jeansen Raja told police that he is a Satan worshipper and that he
sacrificed the lives of his family members as part of attempting astral projection.
He said that the concept and practise of astral projection caught his attention and
interested while studying artificial intelligence in Australia.

Cadel describes himself to be an advanced astral projection practitioner.

He claimed that his dummy was kept for him to attract souls into it and make him
more powerful. The hobby of astral projection has too many followers, and
workshops of lucid dreamers are conducted in several countries. A section of astral
projection practitioners claims online that during the out-of-body experience they
often interact with evil souls who can prevent the re-entry of their soul into the
body. However, scientific methods do not justify them. The cold blooded murder
was committed believing the superstition of astral projection to be true.

Exorcist held for torturing Kerala woman to death12

Hasina was 26 years old died on January 2015, succumbing to injuries

inflicted by a two-week-long exorcism ritual filled with torture and inhumane
practices. Hasina lived in a hamlet in Kerala’s Karunagapally. Police say Hasina
was mentally ill, and all that she would have required is good medical attention.

11. India Today, 12 April 2017

12. Indian Express, 22 July 2014
 44

But her parents, who believed that an evil spirit possessed her body, took Hasina to
an exorcist named Sirajuddin.

Sirajuddin’s two week ritual to exorcise the ghost in Hasina’s body eventually
killed her. His rituals always used to begin by midnight. Limiting food to the
victim, physically torturing her and “casting spells” on her were part of the
exorcism. Police say the victim resisted the torture at first but eventually became
too weak to fight. According to the autopsy report, Hasina suffered from internal
bleeding and a broken backbone, as a result of her long ordeal with the exorcist.
The police took Hasina’s father Hassan and Sirajuddin’s aide Kabir into custody.
The father was arrested for engaging an exorcist and subjecting his daughter to
torture.

Andhra Spiritual Murders13

Alekhya V (25) and Sai Divya (22) were found battered to death at their home
in Madanapalli, in Andhra Pradesh with their parents V Purushotham Naidu and V
Padmaja — a college professor and the principal of a school, respectively — in a
trance-like state, claiming that their daughters would return.

After the parents were detained, they were found to be behaving erratically.
Padmaja did not co-operate with the authorities and claimed she was a god. The
parents murdered their two unmarried daughters believing that way they would
return to life in a more pure form with the end of evil forces surrounding them. The
ritual was conducted for the younger sister, who was suffering from illness, and
was believed to be cured by performing special pujas and appeasing the almighty.
All the four family members were mentally prepared to sacrifice themselves one
after the other after performing naked pujas and believed that they will all be
reborn in a much purer form in the Satya Yug.

13. Indian Express, 16 February 2021

 45

The parents, highly educated yet extremely superstitious, allegedly believed their
girls were possessed by some evil spirit. The parents, who believed that the
dumbbell was Lord Shiva's damruk, hit the heads of their daughters with
dumbbells repeatedly and the girls bled to death after a great deal of suffering of
three to four hours.

Burari Deaths14

The Burari death refers to the deaths of eleven family members of the
Chundawat family from Burari, India, in 2018. Ten family members were found
hanged, while the oldest family member, the grandmother, was strangled. The
bodies were found on 1 July 2018; in the early morning after the death. The police
have ruled the deaths as mass suicide, with an angle of shared psychosis being
investigated. Ten of the eleven people - two men, six women and two teens - were
found hanging in the courtyard of the house. They were blindfolded and their
mouths were taped. Some of the bodies had their hands and feet tied as well.
Another woman, 77-year-old Narayani Devi was found dead in another room. It
appeared that she had been strangled.

The members were found hanging from a mesh in their ceiling in the hallway,
all close together. Their faces were wrapped almost entirely, ears plugged with
cotton, mouths taped and hands tied behind the back. There were five stools,
probably shared by the 10 members. Their faces covered with cloth pieces cut from
a single bed-sheet. The deaths, initially suspected to be a case of murder because of
tied limbs, blind folds and gagged mouths, baffled the investigators after they
discovered 11 diaries scribbled with notes detailing the situation.

Based on the evidences, it was concluded that it happens to be an incident of

superstitious ritual which had gone wrong, leading to what could be called a mass
suicide. The police said the diaries were dictated by Lalit who believed the spirit of
his father Bhopal Singh, who died in 2007, was communicating with him and
instructing him to perform ‘badh tapasya [banyan tree worship]’ for the betterment
of the family.

14. The Economic Times, 04 July 2018

 46

Position of Anti-superstitious laws in India

Human sacrifices, cheating, exploitation, fraud and abuses are still glorified in
several parts of India in the name of religion, culture and tradition till today.
Time and again India has felt the requirement for anti-superstitious laws. The
pre-existing laws, for instance, the Indian Penal Code is not well equipped to take
account of all crimes committed as a matter of superstitious practices. Even
though the constitution gives us the right to believe in things and practices which
do not have any scientific backing, it is high time that new legislations are
required to oppose inhumanity, brutality, fraud and human sacrifices made in the
name of religion. Some of the anti-superstitious legislations and pre-existing
legislations working against this are:

1. Maharashtra Prevention and Eradication of Human Sacrifice and other

Inhuman, Evil and Aghori Practices and Black Magic Act, 2013

Maharashtra had become the first state to take a step towards opposing practices of
black magic by enacting the bill known as Maharashtra Prevention and
Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices
and Black Magic Act in 2013. Social activist Narendra Dabholkar was the first to
campaign and demand the enactment of such an Act. Punishment under this
includes imprisonment for a term not less than six months, extending to a term of
seven years along with fines from Rs. 5000 extending to Rs. 50000.

This bill criminalizes the practices and traditions associated with black magic,
human sacrifices, usage of dangerous remedies to cure ailments and any other
acts leading to the exploitation of people. This bill was passed by carefully
excluding certain religious and cultural practices that included the working of
astrologers, the profession of palm reading, fasting and so on. The current bill
has initiated a clause according to which only complaints of the victims or
family members are accepted.
 47

2. The Drugs and Magic Remedies (Objectionable Advertisements) Act,

1954

Misleading advertisements on magic drugs and remedies have caught the

attention of several people and prompted them towards using these remedies.
This targets the conscience of humans that forces them to have superstitious
beliefs. There have been advertisements offering a cure for epilepsy, cure
diseases like cancer and AIDS, and so on. A company known as Conybio Health
Care in Gujarat was caught allegedly selling and distributing sun shade for
curing migraine, socks for acidity, palm guards for Parkinson’s disease and, so
on even after the enactment of the Drugs and Magic Remedies (Objectionable
Advertisements) Act. The Drugs and Magic Remedies (Objectionable
Advertisements) Act 1954 aims to halt advertisements showcasing drugs and
magic remedies as easy to acquire and receive a better and faster result.

3. Karnataka Prevention and Eradication of Inhuman Evil Practices

and Black Magic Bill

The Karnataka Prevention of Superstitious Practices Bill classified 13

superstitious practices as ‘evil practices’ out of which 11 practices would be
cognizable offences and 2 would be non- cognizable. This bill put forth a list of
practices that were legitimate, and practices that would be controlled or
prohibited.

4. Assam Witch Hunting (Prohibition, Prevention and Protection)

Bill, 2015

The Assam assembly had passed a bill in 2015 known as the Assam Witch
Hunting (Prohibition, Prevention and Protection) Bill, 2015. This introduced a
punishment of imprisonment of up to seven years, along with a fine of up to
five lakh rupees for declaring someone as a witch. If someone led a person to
commit suicide because of torture, stigmatization and branding someone as a
witch then the punishment for it would be life imprisonment with a fine of five
lakh rupees. This Act would be applied along with Section 302 of the Indian
Penal Code. This Bill was turned into Act almost after 3 years that the
Assembly had passed it.
 48

5. The Kerala Prevention and Eradication of Inhuman Evil Practices,

Sorcery and Black Magic Bill, 2019

Kerala, which recently witnessed an alarming spurt in the number of black magic
cases, is gearing up to bring in a legislation to curb "inhuman" practices and
exploitation in the name of superstition. The draft bill, proposes 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. It also aims at
raising social awareness in the society with a view to protect people against fraudulent
and exploitative practices thriving on ignorance. Whoever commits any act in
violation, shall on conviction, be sentenced for a term which shall not be less than one
year and may extend to seven years and with a fine of Rs 5000 to Rs 50,000, it said.
However, the draft bill clearly states that it would not be applicable to any form of
worshipper formed at any religious or spiritual places and the performance of religious
rituals at home, temple, church, mosque or other religious places, which do not cause
physical harm to any person.
 49

Conclusion

Freedoms related to religious are essential elements for the functioning of democracy
in a country like India. As we know, constitutional ideals and social reality are very
different as much as possible for the smooth and proper functioning of society. In the
case like ‘Indian Young Lawyers Association vs. State of Kerala & Ors, the Apex
court has tried to bridge the gap between constitutional ideals and social reality. It is a
truth admitted that in most of the religious beliefs and practices, there may be some
element of so called superstitious beliefs and practices. There is a thin line between
faith and superstition that needs to be defined in law, as these practices and rituals
performed in the name of God may be an expression of faith to some. From the point
of view of a theist, such beliefs and practices are not superstitious, but all are truth and
part of religion. But each cannot infringe the rights of others in the name of religion.
Similarly an anti-superstitious law is also one which protects the Freedom of religion
granted under the Constitution and at the same time safeguards the public from the
pernicious and draconian practices in the name of religion.

Burning people for curing diseases, hiring babas to conduct an exorcism, raping
and killing women in the name of witch-hunting and such brutalities cannot be
ignored by the authorities and the legal system. Yes, the Constitution allows freedom
of religion but that cannot be against the State. Laws made for the interest of the
public can restrict religious practice against the state, public order, morality, health,
fundamental rights and, so on. Inhumanity cannot be caused in the name of religion, it
was even the practice of Sati which was believed to be conducted in the name of
religion but it was for removing the woman from the path of the family and relatives
so that the man’s property could be inherited by them without any divisions or
obstructions. One should enjoy his or her rights but that should not be inconsistent
with the enjoyment of rights by others. India needs more legislation to do away with
the evils of superstition and superstitious beliefs. Even the existing legislations have
enough developments to be made and enough loopholes for one to go against it. But in
the light of needing more laws and legislations, one cannot ignore the requirement for
education and a developed mental status for people to understand the difference
between crime, humanity and superstitions.
 50

REFERENCE

1. “Kerala plans law against superstition”, The Hindu (Thiruvananthapuram, ed., July
2, 2015)

2. “Anti-superstition Bill soon”, The Hindu (Karnataka ed., 2 November 2015)

3. Thomas A. Green (1997). Folklore: an encyclopaedia of beliefs, customs,

tales, music, and art.

4. Henderson, Carol E. (2002). Culture and Customs of India.

Greenwood Publishing Group. ISBN 0-313-30513-7.

5. Harold E. (2002), A History of the Religions of the World, Indiana: Xlibris

Corporation Publishers.

6. Webster, Richard (2012), The Encyclopaedia of Superstitions,

Llewellyn Worldwide Publishers.

7. Dr. R. C. Jiloha, ―Deprivation, discrimination, human rights violation, and mental

health of the deprived‖, Indian Journal of Psychiatry. 2010 Jul-Sep; 52(3): 207–
212

8. Dr. Narendra Dabholkar, Faith and Superstition, 2013

9. The Commission of Sati (Prevention) Act, 1987

 51

10. Bombay Devadasi Prohibition Act, 1934

11. Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman,
Evil and Aghori Practices and Black Magic Act, 2013 (Maharashtra Act No. XXX
of 2013).

12. The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.

13. https://indiankanoon.org

14. https://www.mondaq.com/india/food-and-drugs-law/209190/magic-
drugs-and-misleading-advertisements

15. https://artsandculture.google.com

16. https://en.wikipedia.org/wiki/Entry_of_women_to_Sabarimala

17. https://journals.sagepub.com

18. https://www.thehindu.com/news/national/sabarimala-case-supreme-court

19. https://www.scobserver.in/court-case/triple-talaq-case