Gujarat: Govt to bring in anti-superstition law after PIL filed in HC

Replying to a PIL in the Gujarat HC on August 6, the state government said in an affidavit that it will introduce a draft bill in the next Assembly session to curb black magic practices and exorcism.

The PIL, filed by a Gujarat-based organisation fighting against black magic practices, seeks to put an end to human sacrifices and other violative and inhuman superstitious activities conducted by conmen calling themselves godmen, aghoris, ojhas and bhuvas (tantriks).

In the affidavit, the Gujarat home department said the senior officers of the department met on July 23 to discuss the matter. “It is most respectfully submitted that the draft bill for enactment to curb the black magic and inhuman activities such as Aghori practices will be brought up in the next session of Gujarat legislative assembly,” stated the affidavit further.

PIL against black magic, superstition

Last month, a Gujarat HC bench had issued notices to the state government and had sought a reply from the additional chief secretary of the home department over framing a law to curb black magic, human sacrifice, aghori and other superstitious practices that are in violation of human rights.

Notably, these notices were issued after the court heard a PIL filed by the Akhil Bharatiya Andhshraddha Nirmool Samiti, the Gujarat-based organisation fighting against superstitious practices across the state. The PIL had raised concerns about practice of human sacrifices by godmen practising black magic, particularly following a story published in The Federal in February 2023.

Copy published in The Federal

“The story spoke about bhuvas or witch doctors and how they are functioning with impunity in the state, as Gujarat doesn’t have an anti-superstitious law unlike other states. We already had heard of such practices but it is hardly talked about in our society. We thought that Gujarat has suffered enough at the hands of these godmen, hence we filed the PIL,” Girishbhai Sunthiya, one of the petitioners told The Federal.

Sunthiya pointed out that these godmen or bhuvas have a lot of power over people, especially in the rural areas.

“They play with human lives with rituals like branding or blood sacrifice etc. Many have died and been seriously injured in the past but no case was ever registered as we do not have a law against superstitious activities. Some of these men are fraudsters who cheat people through their rituals and their victims are mostly women and children,” he said.

He went on to cite the example of how a minor girl was tortured to death by her father and uncle as part of an occult ritual in Sabarkantha in central Gujarat.

“In another case, a farmer couple ended their lives in a brutal act of human sacrifice in south Gujarat. In yet another case, a witch doctor maimed and killed a two-month-old baby girl, a case that was published in The Federal,” added Sunthiya.

Violation of fundamental rights

Advocate Harsh Raval, who is representing the petitioners also told the Federal, “The PIL has raised concerns over the ongoing unchecked practice of black magic. The petitioners have highlighted 30 incidents of such practices where, in some cases people gave up their lives as a part of a sacrifice ritual. Most of the cases are from tribal areas of south and central Gujarat where people are less educated.”

Moreover, Raval said that they also submitted that such laws have already been framed in Rajasthan, Maharashtra, Karnataka, Chhattisgarh, Orissa and Assam. So, why should we not bring this law in Gujarat? he asked.

Further, he said that the PIL has asked that the Gujarat law should be based on Maharashtra’s Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act 2013.

“The ignorance and inaction on the part of the Gujarat government is nothing but violation of the fundamental rights under Articles 14, 19, 21, 25, 26 and 51A of the Constitution,” asserted Raval.