GS Paper II

News Excerpt:

The recent stampede at a religious gathering in Hathras, Uttar Pradesh, resulting in over 120 deaths, has reignited the debate on whether India has sufficient legislation to tackle exploitative religious and superstitious practices.

What is Superstition?

• A belief that is not based on reason or scientific thinking and that explains the causes for events in ways that are connected to magic.

India's Battle Against Superstition:

• According to the 2021 report of National Crime Records Bureau (NCRB), six deaths were attributed to human sacrifices, and witchcraft was the motive for 68 killings.
• Chhattisgarh reported the highest number of witchcraft cases (20), followed by Madhya Pradesh (18) and Telangana (11). Kerala witnessed two cases of human sacrifice.
• In 2020, there were 88 deaths due to witchcraft and 11 from human sacrifices, as per the NCRB report.

Absence of a Central Law

• India lacks a central law exclusively addressing crimes related to witchcraft, superstition, or occult activities.
• Experts argue for a National law similar to those in Maharashtra and Karnataka to address issues like superstition, black magic, witch-hunting, and other inhuman practices.
• The Indian Penal Code (IPC) prescribes punishment for related crimes like abduction and murder but does not cover harming others through superstitious and outdated beliefs.
• In the absence of nationwide legislation, a few states have enacted laws to counter witchcraft and protect women from deadly witch-hunting.

Concerns About State Laws

• Defining superstition is complex. State laws often use expansive and vague definitions, giving enforcing authorities subjective and potentially discriminatory powers.
• After national legislation is enacted, individual states can introduce amendments to address local concerns, enhancing the law's effectiveness and refining definitions.

Problem of Witch-hunting

• Witch-hunting is a serious problem in tribal districts, where women from disadvantaged communities are often targeted.
• Despite tribal communities constituting about 8% of India's population, dedicated welfare schemes for witch-hunting victims are absent.
• Comprehensive training programs for key stakeholders and a victim compensation fund are essential to support victims.
• It's also crucial to ensure these laws are not weaponized against Adivasi communities.
• Property disputes often underlie witch-hunting issues, with a prevalent fear that women inheriting property may contravene community norms.
• State authorities must abide by their constitutional duty to promote rational thinking and scientific practices.

Implementation Challenges

• Law enforcement agencies often lack sensitization.
• Police officers' cultural sensibilities and biases prevent them from addressing these issues scientifically.
• Significant effort is required to persuade the police to file FIRs, and political influence often compromises investigations, leading to low conviction rates.
• Caste discrimination related to superstitious beliefs often goes unnoticed.
• Training programs for all police officers are essential since they are typically the first responders.

Religious Freedom and Public Interest

• Article 25 of the Constitution provides freedom of religion and also permits reasonable restrictions on public order, morality, and health grounds.
• Practices that are inherently exploitative will also violate other fundamental rights, including the right to life and protection against untouchability.

Conclusion

• India's battle against superstition and related crimes is ongoing, with state-specific laws addressing the issue to varying degrees of success.
• However State-specific laws can better accommodate local practices and realities.
• Central law may be necessary to provide uniform protection and deterrence, but the challenges of cultural sensibilities and diverse practices remain significant hurdles.
• The need for awareness, sensitization, and robust enforcement is critical to eradicating these harmful practices and protecting vulnerable communities.
• To address this disparity, comprehensive training programmes are essential for key stakeholders such as public health workers, schoolteachers, and district magistrates. This would enable them to effectively support and provide redress for victims seeking assistance.
• Many people believe that such superstitious beliefs are for their own good, which enables godmen to deceive them. There is a widespread tendency to seek solace in spirituality at the cost of rationality. 
• It is crucial to move beyond this mindset and embrace scientific temperament in our daily lives.