THE CONTEXT: The recent tragic stampede at a religious congregation in Hathras, Uttar Pradesh, which resulted in over 120 deaths, has reignited the debate on the adequacy of India’s legislation to address exploitative religious and superstitious practices. Experts argue that a national law, akin to existing legislation in Maharashtra and Karnataka, is essential to effectively combat superstition, black magic, witch-hunting, and other inhuman practices.
THE ISSUES:
- Broad and Ambiguous Definitions in State Laws: The Karnataka law, for example, is criticized for its broad definitions of “evil practices,” making distinguishing between religious beliefs and superstitions This ambiguity can lead to subjective and potentially discriminatory enforcement by authorities.
- Implementation Challenges at the Grassroots Level: Law enforcement agencies are desensitized. Cultural sensibilities and biases often prevent police officers from addressing these issues scientifically. Political influence and caste discrimination further complicate the effective implementation of these laws, leading to low conviction rates.
- Need for Restorative Justice Mechanisms: There is no focus on restorative justice, only punitive measures. Victims of practices like witch-hunting often face social ostracization, and there is a lack of political resolve to implement social security measures for these victims. Comprehensive training programs and victim compensation funds are essential to address this issue.
- Potential Conflict with Constitutional Rights: There is concern about the possible conflict between anti-superstition laws and the fundamental right to profess one’s religion under Article 25 of the Indian Constitution. There is a need to balance protecting public interest while ensuring these laws withstand constitutional scrutiny.
- Societal and Cultural Hurdles: Cultural sensibilities pose significant challenges in framing and implementing such laws. Many people seek solace in spirituality and godmen, which reflects deeper societal issues and a failure of the education system and state institutions to promote rational thinking and scientific temperament.
- State vs. National Legislation: There is a debate on whether a national anti-superstition law is needed or if existing state laws and criminal law provisions are adequate. Some experts prefer state-specific laws because they can better accommodate local practices and realities, whereas a national law might impose sweeping generalizations that could inadvertently empower dominant communities.
THE WAY FORWARD:
- Enactment of a National Anti-Superstition Law: A central law modeled on Maharashtra and Karnataka’s state laws is needed to combat uniform superstitions and related exploitative practices. The Orissa High Court in the Jitu Murmu case highlighted the need for consistent national legislation to address state law gaps.
- Refinement of Definitions and Scope: Anti-superstition laws should have more restrictive definitions to curb misuse. They should link practices to specific harm and target harmful practices without infringing on religious freedoms.
- Training and Sensitization of Law Enforcement: Comprehensive training programs for police officers and other stakeholders are needed to address cultural biases and improve enforcement. Various groups, like MANS (Maharashtra Andhashraddha Nirmoolan Samiti), have been working to train law enforcement to identify and prosecute superstitious practices.
- Restorative Justice and Victim Support: Laws must prioritize restorative justice and provide comprehensive support to victims. The Calcutta High Court, in Moyna Murumu v. State of WB, directed the formulation of Comprehensive Victim Compensation Schemes. There should be enactment of Victim compensation funds and ensuring access to healthcare, legal aid, and social services for victims of superstitious practices.
- Promotion of Scientific Temper and Public Awareness: Promoting a scientific temperament and rational thinking is crucial to combating superstitions. To this end, scientific education should be incorporated into school curricula, conducted through mass media campaigns, and engaged with community leaders to promote rational thinking and debunk myths.
THE CONCLUSION:
While the debate on the necessity and form of anti-superstition laws continues, national and state-specific approaches have their merits and challenges. Addressing superstitious practices requires robust legislation and a societal shift towards rationality and scientific thinking, supported by effective implementation and restorative justice measures.
UPSC PAST YEAR QUESTIONS:
Q.1 We can easily forgive a child afraid of the dark; the real tragedy of life is when men are afraid of the light. 2015
Q.2 How does Indian society maintain continuity in traditional social values? Enumerate the changes taking place in it. 2021
Q.3 Customs and traditions suppress reason, leading to obscurantism. Do you agree? 2020
MAINS PRACTICE QUESTION:
Q.1 Evaluate the conflict between the right to freedom of religion and the need to curb harmful superstitious practices. How can a balance be struck between these two concerns?
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