Context: Recently, the brutal murders of two women as part of “ritualistic human sacrifices” have sparked a debate about the prevalence of superstitious beliefs, black magic and sorcery in Kerala.

• As per the 2021 report of the National Crime Records Bureau (NCRB), six deaths were linked to human sacrifices, while witchcraft was the motive for 68 killings.

• Kerala saw two cases of human sacrifice. 

• The maximum number of witchcraft cases were reported from Chhattisgarh (20), followed by Madhya Pradesh (18) and Telangana (11). 

Key laws in India

• While presently there exists no nationwide legislation to deal with superstitious practices, black magic, or human sacrifice in particular, certain sections of the Indian Penal Code enlist penalties applicable for such incidents.

• Section 302 (punishment for murder) takes cognisance of human sacrifice, but only after the murder is committed. 

• Section 295A (Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) works to discourage such practices. 

• Article 51A (h) of the Indian Constitution makes it a fundamental duty for Indian citizens to develop the scientific temper, humanism and the spirit of inquiry and reform. 

• Other provisions under the Drugs and Magic Remedies Act of 1954 also aim to tackle the impact of various superstitious activities present in the country

State Specific Laws

• In the absence of a nationwide legislation, a few States have enacted laws to counter witchcraft and protect women from deadly ‘witch-hunting’. 

• Bihar was the first State to enact a law to prevent witchcraft, identification of a woman as a witch in October 1999. 

• A similar law was passed in Jharkhand in 2001 — the Prevention of Witch (Daain) Practices Act. 

• Chhattisgarh enacted the Chhattisgarh Tonahi (witch) Pratadna Nivaran Act in 2005. 

• Following the directions of the Odisha High Court to frame a law to deal with rising cases of witch-hunting in the State, the Odisha Prevention of Witch-Hunting Bill was passed by the Assembly in 2013. 

• The Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013 was passed after the murder of anti-superstition activist Dr. Narendra Dabholkar. 

• The Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015, which received the President’s assent in 2018, prohibits witch hunting completely. 

• Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017 came into effect in January 2020.

• The law bans several practices related to black magic and superstition such as, forcing a person to walk on fire at religious festivals and the practice of piercing rods from one side of the jaw to the other.

Need for a country-wide Anti-superstition and Black Magic Act

• Allowing such practices violates an individual’s fundamental right to equality and right to life under Articles 14 and 21 of the Indian Constitution.

• Such practices tend to target the vulnerable sections of society in a lopsided manner, including women, children, and the poor. 

• In the absence of steps to combat superstition, illogical and unscientific practises like faith healing, quackery, and disinformation about medical treatments may also rise, which may have serious negative impacts on citizens’ health and public order.

Road Ahead

• Recent incidents of “Human Sacrifices” in Kerala have increased the demand for a strict anti-superstition law as India lacks a comprehensive law to address such acts. Comprehensive legislation along with increased awareness among the masses must be the focus to deal with this social issue.