India needs a national law to tackle superstitious practices.

Source: The post India needs a national law to tackle superstitious practices has been created, based on the article “Does India have enough laws to combat superstition?” published in “The Hindu” on 18th July 2024

UPSC Syllabus Topic: GS Paper2- Governance-mechanisms, laws, institutions and bodies constituted for the protection and betterment of these vulnerable sections

Context: The article discusses the need for a national law in India to tackle superstititious practices. It highlights debates between experts on whether existing state laws are sufficient or if a broader, national law is necessary to address the issue more effectively.

For detailed information on What are the laws against black magic and superstition in India? read this article here

What is the Need for a National Anti-Superstition Law?

1. Gap in Current Legislation: Current criminal laws do not specifically target superstitious practices, causing reluctance among police to act against fraudulent godmen.
2. Existing Acts’ Limitations: The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, is riddled with loopholes that fail to address many superstitious practices effectively.
3. Successful State Models: States like Maharashtra and Karnataka have specific laws that successfully address superstitious practices, indicating the effectiveness of tailored legislation.
4. Need for Comprehensive Coverage: Due to the uneven presence of state-specific laws, many regions remain unprotected; a national law would ensure comprehensive coverage, addressing superstitious practices uniformly across all states.

What Are the Implementation Challenges?

1. Lack of Sensitization: Law enforcement agencies are not adequately sensitized to address superstitious practices, influenced by cultural biases that hinder objective enforcement.
2. Reluctance to File Cases: Police officers often show reluctance to file FIRs against superstitious practices, with investigations frequently compromised by political influence, leading to low conviction rates.
3. Caste Discrimination: Superstitious practices often involve caste-based discrimination, which is not always recognized or addressed by the authorities, highlighting a gap in understanding and enforcement.

How to Balance Laws and Religious Freedom?

1. Implement Reasonable Restrictions: Use Article 25 of the Constitution, which allows for reasonable restrictions based on public order, morality, and health, to balance laws against superstitious practices with religious freedom.
2. Define Exploitative Practices: Clearly define what constitutes exploitative and superstitious practices, distinguishing them from legitimate religious beliefs to prevent overreach.
3. Protect Fundamental Rights: Ensure that anti-superstition laws also protect other fundamental rights, like the right to life and against untouchability, highlighting that exploitative practices cannot be justified as religious rights.
4. Judicial Oversight: Maintain robust judicial oversight to review cases and prevent misuse of the law against religious practices.

For detailed information on Freedom of religion and attire read this article here

What Should be Done?

1. Enact National Legislation: Implement a national anti-superstition law modeled after Maharashtra and Karnataka to provide specific legal provisions against superstitious practices.
2. Sensitize Law Enforcement: Conduct comprehensive training programs for police officers and first responders to address cultural biases and enhance their ability to handle superstitious practices.
3. Promote Restorative Justice: Develop restorative measures for victims, including establishing a victim compensation fund and ensuring social security schemes for those affected by witch-hunting and other practices.
4. Foster Scientific Temper: Encourage rational thinking and scientific temperament through education reforms and public awareness campaigns.
5. Monitor Implementation: Regularly review and amend the law to address local concerns and improve its effectiveness, ensuring that it does not conflict with constitutional rights.

Question for practice:

Examine the reasons why existing state laws against superstitious practices in India might be insufficient and the potential benefits of a national law.