07-25-2006, 10:32 PM
http://www.hindujagruti.org/eng/phpnews/ne...fullnews&id=607
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->The state of Maharashtra has drafted what is known as the Maharashtra Eradication of Black Magic and Evil and Aghori Practices Bill, 2005. According to Minister for Social Justice, Chandrakant Handore, the Bill is to bring social awakening and awareness in society and to create a healthy and safe social environment, with a view to protecting the common people against the evil and sinister practices and customs, thriving on ignorance and to combat and eradicate the same.
These are noble intentions to curb what is a atrocity committed on people in rural India, especially when it's found to be an effective way to take revenge for perceived family insults. So a woman can be branded a witch and then punished. Here punishments can range from eating faeces to having to perform sexual acts in public or having chilli powder shoved into her vagina. She will be forced to face this, all because of someone arbitrarily branding her. So, this act will actually ban such practices, which are called 'aghori'. If that is the case, then why is there objection to this Bill being made into an Act?
Spokesperson, Hindu Janajagruti Samiti Dr Durgesh Samant explains why he's not happy with the Act. He told CNBC-TV18, "The many so-called offences in this Bill are covered by the Indian Penal Code. For example, under the pretext of expelling a ghost - if anyone assaults a person by tying him/her with a rope, then there is Section 319-329 for causing hurt, Section 320 for grievous hurt, Section 336 is for endangering life and personal safety, Section 508 is for making a person do something by threatening that not doing the act would subject him to divine displeasure, Section 117 is for impersonating a public servant, Section 497 is for adultery and Section 417 is for cheating.
But there is another opinion which says that the law can legislate, if it's clear about what it is legislating. Lawyer Anant Grover says, "There is also a rational basis to say that certain practices which are known to be not really working and so called Godmen are taking advantage of poor people, they need to be stopped. There is a similar act nationally called the Drug and Magic Remedies Act. Unfortunately that Act, doesn't actually stop the practices, it only addresses advertisements."
"Unfortunately, this (Black Magic) law in its definition has inluded a number of practices and because of that, it doesn't understand what it is trying to stop! I think the Drug and Magic Remedies Act is good because it understands what its trying to do, and it limits itself. The actual practice of black magic needs to be stopped."
What's more is that this Bill does not conve or even define black magic practices like 'aghori', 'karni' and 'bhanamati'. So in a way, what's the purpose of the bill? Samant agrees and says that when he sought information from the Maharashtra police, they said the present law is sufficient to curb these practices.
Then there is so much overlap between people's fears of black magic and the common rituals that people adhere to as a matter of faith. Some believe that this Bill, if it were enforced, then even someone like Satya Sai Baba and the act of producing 'bhooti' (which means 'glories') would be construed to be propagation of black magic. Samant says, "If Satya Sai Baba comes to Mumbai and performs something like this, he will be booked."
Grover though says, "If Satya Sai Baba were to deceive and defraud, I think even he should be punished, which is the intention of this Bill, though it is very imprecisely drafted. But that is not the point. In the eyes of his followers, they believe that he is actually doing something miraculous and he may not be defrauding them, then I do not think there is any harm in it. But the moment he starts curing diseases, tries to come into the field of medical treatment, which actually causes harm, then he should be punishable."
But as Samant points out that the Bill has no proper definition of what it means by the practice of 'tantra' because of there is no clarity, then many books on 'tantra-shastra' in Buddhism, in Jainism and in Hinduism will be covered by this Bill. So, books might land up getting banned along with the practice.
Grover agrees and says, "Though it is well intentioned, the practices which are sought to be prohibited are so imprecisely defined - it ranges not only from religious to spiritual practices. It is number 10 and 11A of the Schedule. This specifically made it an offence, whereas under Section 13 of the Act, religious practices, which do not cause harm, are exempted. There is an intrinsic contradiction in the Act. The problem with this Act, according to me is it is not workable, the Police cannot implement it and it is going to be an abject failure."
He adds, "It is a dangerous Bill because it is too broad, there are too many vague expressions in the Act and the Schedule should not be a definition. It should be reconsidered, and the government should get proper legal advice."
Points to ponder about the Bill
1. No person shall promote, propagate black magic, evil and 'aghori' practices.
2. Once the law is enacted, anyone advertising, practising, propagating black magic, evil and 'aghori' acts, would be punished with imprisonment for not less than six months and up to seven years and/ or with a fine ranging from Rs 5,000 to Rs 50,000.
3. The offence would be cognisable and non-bailable.
4. A police officer would be appointed as vigilance officer for a group of 4-5 police stations. He will be detecting and preventing the contravention and violation of the Act.
5. Anyone obstructing the vigilance officer in carrying out his duties, will be liable for prosecution and imprisonment as well as a fine.
6. The vigilance officer will have power to enter and search, at all reasonable times, with the help of the local police any place, in which he has reason to believe that an offence under this Act has been or is being committed.
7. Vigilance officer can seize any material, instruments or advertisements and can examine any records, documents or other material object found in any place, and seize any material as evidence.
8. If a group of people commits offence, every person will be held guilty under the Act.
Manali Rohinesh<!--QuoteEnd--><!--QuoteEEnd-->
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->The state of Maharashtra has drafted what is known as the Maharashtra Eradication of Black Magic and Evil and Aghori Practices Bill, 2005. According to Minister for Social Justice, Chandrakant Handore, the Bill is to bring social awakening and awareness in society and to create a healthy and safe social environment, with a view to protecting the common people against the evil and sinister practices and customs, thriving on ignorance and to combat and eradicate the same.
These are noble intentions to curb what is a atrocity committed on people in rural India, especially when it's found to be an effective way to take revenge for perceived family insults. So a woman can be branded a witch and then punished. Here punishments can range from eating faeces to having to perform sexual acts in public or having chilli powder shoved into her vagina. She will be forced to face this, all because of someone arbitrarily branding her. So, this act will actually ban such practices, which are called 'aghori'. If that is the case, then why is there objection to this Bill being made into an Act?
Spokesperson, Hindu Janajagruti Samiti Dr Durgesh Samant explains why he's not happy with the Act. He told CNBC-TV18, "The many so-called offences in this Bill are covered by the Indian Penal Code. For example, under the pretext of expelling a ghost - if anyone assaults a person by tying him/her with a rope, then there is Section 319-329 for causing hurt, Section 320 for grievous hurt, Section 336 is for endangering life and personal safety, Section 508 is for making a person do something by threatening that not doing the act would subject him to divine displeasure, Section 117 is for impersonating a public servant, Section 497 is for adultery and Section 417 is for cheating.
But there is another opinion which says that the law can legislate, if it's clear about what it is legislating. Lawyer Anant Grover says, "There is also a rational basis to say that certain practices which are known to be not really working and so called Godmen are taking advantage of poor people, they need to be stopped. There is a similar act nationally called the Drug and Magic Remedies Act. Unfortunately that Act, doesn't actually stop the practices, it only addresses advertisements."
"Unfortunately, this (Black Magic) law in its definition has inluded a number of practices and because of that, it doesn't understand what it is trying to stop! I think the Drug and Magic Remedies Act is good because it understands what its trying to do, and it limits itself. The actual practice of black magic needs to be stopped."
What's more is that this Bill does not conve or even define black magic practices like 'aghori', 'karni' and 'bhanamati'. So in a way, what's the purpose of the bill? Samant agrees and says that when he sought information from the Maharashtra police, they said the present law is sufficient to curb these practices.
Then there is so much overlap between people's fears of black magic and the common rituals that people adhere to as a matter of faith. Some believe that this Bill, if it were enforced, then even someone like Satya Sai Baba and the act of producing 'bhooti' (which means 'glories') would be construed to be propagation of black magic. Samant says, "If Satya Sai Baba comes to Mumbai and performs something like this, he will be booked."
Grover though says, "If Satya Sai Baba were to deceive and defraud, I think even he should be punished, which is the intention of this Bill, though it is very imprecisely drafted. But that is not the point. In the eyes of his followers, they believe that he is actually doing something miraculous and he may not be defrauding them, then I do not think there is any harm in it. But the moment he starts curing diseases, tries to come into the field of medical treatment, which actually causes harm, then he should be punishable."
But as Samant points out that the Bill has no proper definition of what it means by the practice of 'tantra' because of there is no clarity, then many books on 'tantra-shastra' in Buddhism, in Jainism and in Hinduism will be covered by this Bill. So, books might land up getting banned along with the practice.
Grover agrees and says, "Though it is well intentioned, the practices which are sought to be prohibited are so imprecisely defined - it ranges not only from religious to spiritual practices. It is number 10 and 11A of the Schedule. This specifically made it an offence, whereas under Section 13 of the Act, religious practices, which do not cause harm, are exempted. There is an intrinsic contradiction in the Act. The problem with this Act, according to me is it is not workable, the Police cannot implement it and it is going to be an abject failure."
He adds, "It is a dangerous Bill because it is too broad, there are too many vague expressions in the Act and the Schedule should not be a definition. It should be reconsidered, and the government should get proper legal advice."
Points to ponder about the Bill
1. No person shall promote, propagate black magic, evil and 'aghori' practices.
2. Once the law is enacted, anyone advertising, practising, propagating black magic, evil and 'aghori' acts, would be punished with imprisonment for not less than six months and up to seven years and/ or with a fine ranging from Rs 5,000 to Rs 50,000.
3. The offence would be cognisable and non-bailable.
4. A police officer would be appointed as vigilance officer for a group of 4-5 police stations. He will be detecting and preventing the contravention and violation of the Act.
5. Anyone obstructing the vigilance officer in carrying out his duties, will be liable for prosecution and imprisonment as well as a fine.
6. The vigilance officer will have power to enter and search, at all reasonable times, with the help of the local police any place, in which he has reason to believe that an offence under this Act has been or is being committed.
7. Vigilance officer can seize any material, instruments or advertisements and can examine any records, documents or other material object found in any place, and seize any material as evidence.
8. If a group of people commits offence, every person will be held guilty under the Act.
Manali Rohinesh<!--QuoteEnd--><!--QuoteEEnd-->
