Are there any laws for Black magic and superstition in India?

The recent incident: Suraj Pal, commonly referred to as Bhole Baba or Narayan Hari Sakar, has been in the news lately because of a stampede that occurred in Hathras recently and has already claimed over 121 lives. The former police officer who is now a preacher describes himself as a self-employed Godman with a large following who thinks he is a person with the ability to solve all human issues. People are outraged by the incident and have started to inquire about it; the Central Bureau of Investigation is looking into the matter.

The story has brought to light the extent of superstition and the number of people who fall victim to it in India. However, it's crucial to remember that he is not the only person who has experimented with this; there are a number of others as well.

With the rising number of cases where a lot of people are religious, several complaints get registered against the fake godmans or witchcraft that cheat and indulge people in superstitious activities. However, the National Crime Records Bureau (NCRB) that maintains and provides data for the deaths due to witchcraft and human sacrifices. According to the recent data, 20 cases of witchcraft were reported in Chhattisgarh, followed by Madhya Pradesh with 18 and 11 in Telangana. India saw 88 deaths of witchcraft and 11 died, as reported in 2020. 

Is there any law for witchcraft in India?

Though there is no centralized law that criminalizes action furthering belief in witchcraft. But India has some laws which, vary by state, and some states have specific legislation to combat witchcraft and superstitious practices. Here are some:

Maharashtra: Maharashtra has the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013, commonly known as the Maharashtra Anti-Superstition and Black Magic Act. This law aims to eliminate human sacrifices, black magic, and other practices driven by superstitions. The punishment under this act is imprisonment if not leas tha six months and up to seven years, with a minimum fine of Rs 5,000 and maximum up to Rs 50,000.

Karnataka: Karnataka has the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017, which criminalizes practices related to black magic and superstitions. The law was initially opposed by the Opposition party but came into effect in January 2020. 

Bihar: Bihar has the Bihar Prevention of Witch (Daain) Practices Act, 1999, which aims to protect individuals, particularly women, accused of practicing witchcraft. Anyone who is identified as ‘witch’ can face a jail term of up to three months or a fine of Rs 1,000 or both. All offences under this act are cognizable and non-bailable. 

Jharkhand: Jharkhand has the Jharkhand Witchcraft Prevention Act, 2001, which provides for the prevention of witch-hunting and the protection of those accused of being witches. The law cam to effect in the state in 2021, when Justice Sujit Narayan Prasad, the then Chief Justice of Jharkhand High Court took suo moto cognizance when five of a family were killed after a village council sentenced them to death on the charge of being witch.

Odisha: Odisha has the Odisha Prevention of Witch-Hunting Act, 2013, which addresses the issues of witch-hunting and the persecution of individuals labeled as witches. The bill provides for penalty for a person who claims to be a black magician.

Kerala: Kerala is also on the list where witchcraft practices are very common. Though there are multiple cases that are reported every year, but one of the recent incidents came into light when a woman in Palakkad slit the throat of her six-year-old child with a kitchen knife as a ‘sacrifice’ to appease the Gods. 

According to the recent reports, the talks for the finalization of the bill are underway; however, they could pose a serious challenge for the government, as the inclusion of practices. At present, the draft bill includes 10 practices that are framed necessary to be curbed by the Law Commission.