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Maharashtra Prevention and Eradication of Human


Sacrifice and Other Inhuman, Evil and Aghori Practices
and Black Magic Ordinance
Last Updated: 16-Nov-2013 | Shortlink: http://wp.me/pUeNx-cr

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Maharashtra Prevention and Eradication of Human Sacrice and Other Inhuman, Evil
and Aghori Practices and Black Magic Ordinance

Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and
Aghori Practices and Black Magic Ordinance (Maharashtra Ordinance XIV of 2013)
Published in the Maharashtra Ordinary Gazette on 26-August-2013.

What is the status of this law? When did this law come into effect?
The Maharashtra Prevention and Eradication of Human Sacrice and other Inhuman, Evil and Aghori Practices Bill,
2011 (L. A. Bill No. XLI of 2011), was introduced in the Legislative Assembly, in the Monsoon Session of the State
Legislature, 2011, on the 10th August 2011. This law came into eect on 26-Aug-2013 upon publication into the
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Ocial Gazette of Maharashtra.

Why should we have a new law? Were the existing Criminal Laws not enough?
Not really. Religion has such an elevated status in India and in most parts of the world, that even clearly illegal, unethcial or immoral acts done in the name of religion were ignored or even encouraged. (Eg: Noise Pollution, Air
Pollution, Water Pollution, Cruelty to Animals etc. etc.)
Till date, newspapers contain numerous ads, which assure a cure for anything and everything, through Black
Magic and similar practices. Trains are lled with advertisements on Black Magic Healers who can x anything,
from a broken marriage to a troublesome employee, to a lm star or a politicians career.
The laws of the country are so fragile, that they cannot always stand up to acts done in the name of religion. To
make people think, a strong law needs to be implemented.
While all the penalties exist, the police and other authorities are too cautious to tread on the religious line, lest
they be targeted for hurting religious sentiments.

What are the penalties under this law?


The Oences punishable under this Act shall be cognizable and non-bailable.
imprisonment for a term which shall not be less than six months but which may extend to seven
years and
a ne which shall not be less than ve thousand rupees but which may extend to fty thousand rupees
In addition to the above penalties, when any person is nally convicted of any oence punishable under this Ordinance, the Court may cause the name and place of residence of such person to be published by the police in
the local newspaper where the oence had taken place, together with the fact that such oender had been convicted of the oence under this Ordinance and such other particulars as the Court may deem t and appropriate,
to be allowed to be published.

What does Aghori mean?


The term Aghori is not dened in this Ordinance. Hence, the common contemporary meaning is to be followed.
As per Wikipedia (http://en.wikipedia.org/wiki/Aghori) Aghoris are Ascetic Sadhus who perform some extreme rituals which are no longer morally accepted in modern society. Aghori practices are followed by many persons in
India.
The ordinance refers to acts done under the guise of Aghori Traditions.
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I have heard that this law seems to be targeted against Hindus. Will it impact only Hinduism?
Ofcourse not. This rumour is being spread by persons with ulterior motives in all these practices. These practices
are big money spinners and prevention of these practices will stop the ow of money to these con men.

It is dicult to get a man to understand something, when his salary depends upon
his not understanding it! -Upton Sinclair

Blind Faith and superstition is promoted in the name of almost every religion. Exorcism, fake remedies, charms,
bracelets etc. have been practiced in the name of every God and every religion.
The faithful of all and any religion resort to these options as a last resort, making them most vulnerable and
agreeable to do anything to achieve their wish. The victims do not look at religion or faith when being subject
to these con men/con women. The con men maybe of any religion, social background or philosophy, but
will still attract people from all faiths, beliefs and religions.

In the beginning it was said that this Law would apply to all the religions. Why was this sentence removed?
Application of this Act to all religions, would not necessarily cover the actions done under the general guise of
black magic and jaadu tona, without a religious banner. By excluding all religions the Act applies universally to all
acts done in the name of religion or even excluding the name of a particular religion / God / Belief System. This includes practices done by Atheists (not that atheists practice anything) / Devil Worshippers etc.

Many people are saying that the second point in the Schedule is unclear?

(2) Display of so-called miracles by a person and thereby earning money;


and to deceive, defraud and terrorze people by propagation and circulation
of so called miracles.

So-called miracles means acts which the black magic practitioner claims to be by a superior / super-natural
force of which he has knowledge or control. Such acts may make it dicult for a common man to explain or justify, but are well known to science and technology.
Eg: In villages, the Black Magicians produce smoke from an ordinary coconut, or produce a blood-like substance
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from a whole lemon to show the people that they have magical powers to perform miracles. These so-called
miracles are easily explained by science, with a little knowledge of chemistry.
Other common examples are:
Walking on glass
Sleeping on a bed of nails
Enduring whip lashes
For more examples: http://60minutes.9msn.com/article.aspx?id=8376295 (http://60minutes.9msn.com/article.aspx?id=8376295)

Bare Act:

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Common Superstitions and Practices that this law sought to fight:


1. to perform Karni, Bhanamati (http://www.antisuperstition.org/index.php?option=com_content&view=article&id=112%3Abhanamati&catid=39%3Abhanamati&Itemid=71),
2. to perform magical rites in the name of supernatural power,
3. to oer ash, talisman, charms etc. for the purpose of exorcism and to drive out evil spirits or ghosts,
4. to claim possession of supernatural powers and to advertise this claim,
5. to defame, disgrace the names of erstwhile Saints/ Gods, by claiming to be there reincarnation and thus
cheating the gullible and God-fearing simple folks.
6. to claim to be possessed by divine power or evil power and then perform miracles in the name of such powers.
7. to punish and to beat mentally ill patients in the belief that they are possessed by evil spirits.
8. to perform Aghori rites.
9. to perform so called black magic and spread fear in society.
10. to perform Gopal Santan Vidhi to beget a male ospring.
11. to oppose scientic medical treatment and to coerce to adopt Aghori treatment.
12. to sell or deal in so-called magic stones, talisman, bracelets, charms.
13. to become possessed by supernatural powers and then pretend to give answers to any questions in this
mental state.
14. to sacrice innocent animals for the appeasement of gods or spirits.
15. to dispense magical remedies for curing rabies and snake bites.
16. to dispense medical remedies with claims of assured fertility.
Due to diculty in clearly dening some of these acts and distinguishing them from legitimate religious
practices, the Schedule was watered down to 12 such acts, which could be clearly dened.

Related Case Laws:


K P Hafsath Beevi, Farbinas Mahal v. State of Kerala
decided on Tuesday, February 2, 2010. High Court of Kerala, WP(C).No. 29082 of 2008
The petitioner challenged the directions issued by the authorities to desist from holding out any oer to
cure illness by conducting prayers.The judges ruled that:

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..the State and its ocers are entitled to reasonably restrict such activity if it tends
to oend security, public orders, decency, morality and sovereignty and integrity of
India. This includes reasonable restrictions on the basis of public health and public
tranquility; such restrictions being imposable in the interest of the general publicArticle 51 A(h) provides that it shall be the duty of every citizen of India to
develop a scientic temper, humanism and the spirit of enquiry and reform.
Balancing the duties of the petitioner in this regard and her fundamental rights referable to Part III of the Constitution, it has necessarily to he held that the impugned orders, to the extent they require the petitioner to desist from oering cures for illness
on the basis of prayers, is a reasonable restriction imposed on grounds of public
health, morality etc., particularly when she has no authentic scientic certication
in support of any claim of such ability to cure.

Interesting Links:
Bhanamati sorcery and psychopathology in south India. A clinical study. (http://www.ncbi.nlm.nih.gov
/pubmed/2635890)
http://www.siasat.com/english/news/2-burnt-alive-suspicion-practicing-bhanamati-probe-ordered
(http://www.siasat.com/english/news/2-burnt-alive-suspicion-practicing-bhanamati-probe-ordered)

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This entry was posted in Bare Acts (http://lawgic.info/category/bareacts/), Useful Information (http://lawgic.info
/category/useful-information/) on August 22, 2013 [http://lawgic.info/maharashtra-prevention-and-eradicationof-human-sacrice-and-other-inhuman-evil-and-aghori-practices-and-black-magic-bill/] .
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