L.A. BILL No.

LXXXIX OF 2005
Preamble

A BILL To bring social awakening and awareness in the society and to create a healthy and safe
social environment with a view to

protect the common people in the society against the evil and sinister practices and customs thriving,
on ignorance, and to combat and eradicate the evil, sinister and aghori practices born out of beliefs
propagated in the name of some so called divine or supernatural or magical powers or evil spirits

commonly known as Black magic by quacks and conmen with sinister motive of exploiting and
harming mentally physically and financially the common people in the society and thereby
destroying the very social fiber of the society; and for matters connected therewith and incidental
thereto.

WHEREAS alarming number of incidences of causing mental, physical and financial harm to and
exploitation of, the common people in the society because of evil, sinister aghori practices and
practice of Black magic and evil spirits, at the hands of quacks and conmen, continuously have come
to light;

AND WHEREAS under the circumstances it has become absolutely necessary for the Government
to take appropriate and legal measures to effectively contain such evil effects and spread of these
harmful practices, usages and customs and belief in Black Magic and such other evil and aghori
practices and to save the common people from falling pray to the sinister designs of the black magic
fans quacks and conmen, whose false claims of possessing magical or miraculous remedies or
powers and anti-social and harmful activities are threatening to damage the way social fibre and the
beliefs of the common people in the authentic and scientific medical remedies and cures and are
driving them, an account of blind beliefs and ignorance, to the take recourse of such quacks, conmen
and Black Magicians it is hereby entered in the Fifty-sixth year of the Republic of India as follows-

Sections of Act
1. 1]This Act may be called the Maharashtra Eradication of Black magic and Evil and Aghori
Practices Act 2005

2.It extends to the whole of the State of Maharashtra

3. It shall come into force on such date as the State Government may, by notification in the Official
Gazette, appoint

2. (1) In this Act, unless the context otherwise requires a] “Code” means the Code of Criminal
procedure, 1973
b] .... of Black Magic and evil and aghori practices means the commission of the acts mentioned or
described in the Schedule appended to this Act by any person himself or caused to be committed
through or by instigating any other persons.

c] “prescribed” means prescribed by rules made under this Act;

d] ‘propagate” means issuance or publication of an advertisement, literature, article or book relating

to or about Black Magic and evil and aghori practices and includes any form of direct or indirect
help, abetment, participation or co-operation with regard to practice of Black magic and civil and
aghori practices;

e] ‘rules” means the rules made under this Act.

(2) Words and expressions used but not defined herein, shall have respective meanings as assigned
to them in the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and the Code.

Prohibition of Black Magic

3. (1) No person shall, either himself or through any other person promote propagate or practice or
cause to promote, propagate on practice Black Magic and evil and aghori practices described in the
Schedule appended to this Act.

(2) On and after the date of coming into force of this Act advertisement, practice, propagation or
promotion of Black Magic and evil and aghori practices in violation of the provisions of this Act by
any person by himself or through any other person, shall constitute an offence under the provisions
of this Act, and the person guilty of such offence shall, on conviction, be punished with
imprisonment for a term which shall not be less than six months but which may extend to seven
years and a fine which shall not less than five thousand rupees but which may extend to fifty
thousand rupees.

(3) Whoever abets commission of, or attempt to commit any act or offence punishable under this Act
shall be deemed to have committed that offence and shall, on conviction, be punishable with the
same imprisonment provided for such offence in sub section (2)

(4) The Offences punishable under this Act shall be cognizable and non-bailable.

4. No court inferior to that of a Metropolitan Magistrate or a magistrate of a First class shall try any
offence punishable under this Act.

Jurisdiction to try offences

5. (1) Where an offence under this Act has been committed by a company, every person, who at the
time the offence was committed was in charge of, and was responsible to, the company for the
conduct of the business of the company, as well as the company shall be deemed to be guilty of the
offence and shall be liable to be proceeded against the punished accordingly:
Provided that, nothing contained in this sub-section shall render any such person liable to any
punishment under this Act if he proves that the offence was committed without his knowledge or
that he had exercised all due diligence to prevent commission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or
connivance of or is attributable to any neglect on the part of any director, manager, secretary or other
officer responsible for exercise of proper care or supervision of the company in that respect, such
director, manager, secretary or concerned officer shall be deemed to be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.

Explanation - for the purposes of this section -

(a) “company” means a body corporate and includes a firm association of persons or body of
individuals, whether incorporated or not : and also includes a trust, whether registered under any law
for the time being in force or not: and

(b) “director” in relation to a firm means a partner in the firm and in relation to an association of
persons or body of individuals, means any member controlling the affairs thereof; and in relation to a
trust includes the person managing the affairs of the trust.

Vigilance Officer

6. (1) The State Government may, by notification in the Official Gazette, and subject to such terms
and conditions as may be specified in the notification, appoint for any one or more police stations as
may be specified in such notification, one or more police officer to be known as the Vigilance
Officer:

Provided that, such police officer shall not be below the rank of an Inspector of Police, Group “B”.

(2) It shall be the duty of the Vigilance Officer -

(i) to detect and prevent the contravention or violation of the provisions of this Act or the rules made
there under, in the area of his jurisdiction and report such cases to the nearest police station within
the area of his jurisdiction; and upon filing of complaint to the police station by any victim or any
other person on his behalf to ensure due and speedy action thereon and to give necessary advice,
guidance and help to the concerned police station;

(ii) to collect evidence for the effective prosecution of persons contravening the provisions of this
Act; and to report the same to the police station of the areas in which such contravention has been or
is being committed.

(iii) to discharge such other functions as may be assigned to him from time to time, by the State
Government, by general or special orders issued in this behalf.

(3) Any person who obstructs the discharge of the official duties or work of the Vigilance Officer
appointed under sub-section (1) shall, on conviction, be punished with imprisonment for a term
which may extend to three months, or with fine which may extend to five thousand rupees, or with
both.

(4) The Vigilance Officer shall be deemed to be a public servant within the meaning or section 21 of
the Indian Penal Code.

45 of 1860
Powers of entry search etc.
7. (1) Subject to the general or special orders issued in this behalf by the State Government from
time to time, the Vigilance Officer may, within the local limits of the area of his jurisdiction, with
the assistance of the police officers of his area -

(i) enter and search, at all reasonable times, with such assistance, if any, as he considers necessary,
any place in which he has reason to believe that an offence under this Act has been or is being
committed;

(ii) seize any material, instruments or advertisement which he has reason to believe that the same has
been or is being used for any act or thing which is in contravention of the provisions of this Act;

(iii) examine any record, document or other material object found in any place mentioned in clause
(i) and seize the same if he has reason to believe that if may furnish evidence of the commission of
an offence punishable under this Act.

(2) The provisions of the Code shall, so far as may be, apply to any search or seizure under this Act
as they apply to any search or seizure made under the authority of a warrant issued under section 94
of the Code.

(3) Where any person seizes anything under clause (ii) or (iii) of sub-section (1) he shall, as soon as
may be, inform a Magistrate and take his orders as to the custody thereof.

Bom, XXII of 1951

Application of the provisions of the Bombay Police Act, 1951.
8. The provisions of sections 159 and 160 of the Bombay Police Act, 1951, shall apply to acts done
in good faith by the Vigilance officer under this Act, as if the Vigilance Officer is a police officer
within the meaning of that Act.

9. the provisions of the Code shall apply to the investigation and trial of offences under this Act.

Application of provision of code

10. The Provisions of this Act shall be in addition to and not in derogation of any other law for the
time being in force.
Act to be in addition to and not in derogation of any other law

11. (1) Where any person is convicted of any offence punishable under this Act. it shall be
competent for the Court convicting such offender to cause the name and place of residence of such
person to be published by the police ink the local newspaper where such offence had taken place
together with the fact that such offender has been convicted of the offence under this Act and such
other particulars as the court may deem fit and appropriate, to be allowed to be published.

Publication of fact of conviction.

(2) No such publication under sub-section (1) shall be made until the appeal (if any), filed against
such order is finally disposed of.

12. (1) The State Government may, by notification in the Official Gazette, and subject to the
condition of previous publication, make rules to carry out the purposes of this Act.

Rules
(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before cash
House of the State Legislature while it is in session for a total period of thirty days, which may be
comprised in one session or in two or more successive sessions and if, before the expiry of the
session in which it is so laid or the session or sessions immediately following, both Houses agree in
making any modification in the rule or both Houses agree that the rule should not be made, and
notify their decision to that effect in the Official Gazette, the rule shall, from the date of publication
of such decision in the Official Gazette, have effect only in such modified form or be of no effect, as
the case may be : so however, that any such modification or annulment shall be without prejudice to
the validity of anything previously done or omitted to be done under that rule.

Savings.
13. For the removal of doubt, it is hereby declared that nothing in this Act, shall apply to the acts
involving religious rites and rituals which does not adversely affect any person mentally, physically
or financially.

Schedule [See section 2(1)(b)]

(1) Under the pretext of expelling the ghost assaulting by tying a person with rope or chain, beating
by stick or whip, to make the person drink footwear soaked water, giving chilli smoke, hanging a
person to roof, fixing him with rope or by hair or plucking his hair, causing pain by way of touching
heated object to organs or body of a person, forcing a person to perform a sexual act in the open
practicing aghor acts, putting urine or human excreta forcibly in the mouth of a person or practicing
any such acts.

(2) Display of so called miracles by a person and thereby earning money and to deceive, defraud and
terrorise people by propagation and circulation of so called miracles.
(3) With a view to receive blessings of super natural power to follow the evil and aghori practices
which causes danger to life or grievous hurt: and to instigate, encourage or compel others to follow
such practices.

(4) Doing any inhuman act in search of precious things, bounty, water resource or for similar reasons
in the name of karni, bhanamati and making or trying to make human sacrifice in the name of jaran-
maran, or dev-devaski or to advice, instigate or encourage committing such inhuman act.

(5) to create an impression by declaring that a divine spirit has influenced one’s body or that a
person has possessed such divine spirit and thereby create fear in the mind of others or to threaten
others of evil consequences for not following the advise of such person.

(6) By declaring that a particular person practices karni, black magic or brings under the influence of
ghost, or diminishes the milching capacity of a cattle by mantra-tantra, or crate a suspicion about
such person, or similarly accusing a particular person that he brings misfortune to others or is
responsible for spread of diseases and thereby making the living of such person miserable,
troublesome or difficult; to declare a person a satan or incarnation of satan.

(7) In the name of jaran-maran, karni, or witchcraft (chetuk) assaulting any person, parading him
naked or put a ban on his daily activities.

(8) To crate panic in the mind of public in general by way of invoking ghost by mantras, or threaten
to invoke ghost, putting up a false show to make a person free from poisonous infection by invoking
mantras or similar things, creating an impression that there is ghostly or divine wrath causing
physical injuries and preventing a person from taking medical treatment and instead diverting him to
practise aghori acts or treatment, threatening a person with death or causing physical pains or
causing financial or psychological harm by practicing or tend to practise mantra tantra (chetuk).
black magic or aghori act.

(9) Prohibiting and preventing a person from taking medical treatment in case of dog, snake or
scorpion bite and instead giving him treatment like mantra-tantra, ganda-dora or such other things.

(10) Claiming to perform surgery by fingers, or claiming to change the sex of a foetus in womb of a
woman.

(11) (a) to create an impression that oneself is having special super natural powers, emanation of
another person or holy spirit, or that the devotee was his wife, husband or paramour in past birth
thereby indulging into sexual activity with such person;

(b) To keep sexual relations with a woman who is unable to conceive assuring her of motherhood
through supernatural power.

(12) To create an impression that a mentally retarded person is having super natural power and
utilizing such person for business or occupation.
STATEMENT OF OBJECTS AND REASONS
An alarming number of incidences of causing mental, physical and financial harm to, an exploitation
of, the common people in the society because of evil and aghori practices, practice of Black Magic
and evil spirits, at the hands of quacks and conmen have come to light.

2. Under the circumstances it has become absolutely necessary for the government to take
appropriate and stringent social and legal measures to effectively contain and eradicate the evil
effects and spread of these harmful practices and aghori practices and belief in Black Magic and
such other evil and aghori practices and to save the common people from falling prey to the sinister
designs of the black magicians, quacks and conmen, whose anti-social and harmful activities are
threatening to seriously damage the very social fibre and the faith of the common people in the
authentic and scientific medical remedies and cures and are driving them to take recourse to such
quacks, conmen and black magicians, by enacting a special and stringent law to deal with such evil
and aghori practices, customs, etc.

3. The salient features of the Act are as follows :-

(i) The Practice, promotion and propagation of Black magic, evil and aghori practices and the
unauthorised and illegal practice of medicine or healing or curing power by quacks, conmen, etc., is
being prohibited by providing a definition of the term “practice of Black Magic and evil and aghori
practices”. Such practice is being made an offence under this Act and to serve as a deterrent, it is
proposed to provide for the stringent penal provisions for such offences including making such
offences cognizable and non-bail-able;

(ii) It is being provided that there would be a Vigilance Officer, who shall endeavor to detect and
prevent, contravention of the provisions of this Act and the rules and collect evidence for effective
prosecution of the persons contravening the provisions of this law;

(iii) It is proposed to provide for an enabling provision which would empower the court to publish
the details relating to the conviction of a person for commission of an offence under the provisions
of this law; and

(iv) Other incident all and connected matters.

4. The Bill seeks to achieve the above objectives.

Nagpur, CHANDRAKANT HANDORE

Dated the 13th December 2005 Minister for Social Justice

MEMORANDUM REGARDING DELEGATED
LEGISLATION
The Bill involves the following proposals for delegation of legislative power, namely :-

Clause 1(3) :- Under this clause, power is taken to the State Government to bring the Act into force
on such date as it may, by notification in the Official Gazette, appoint.

Clause 6(1) :- Under this clause, power is taken to the State Government to appoint, by notification
in the Official Gazette, for one or more police stations, as may be specified in such notification, an
officer or officers to be known as the Vigilance Officer.

Clause 12 :- Under this clause, power is taken to the State Government to make rules, by notification
in the Official Gazette, for carrying out the purposes of this Act, subject to the condition of previous
publication.

2. The above proposals for delegation of legislative power are of a normal character.

VILAS PATIL, Principal Secretary,

Maharashtra Legislative Assembly.

MAHARASHTRA LEGISLATURE SECRETARIAT

(L.A.BILL No.LXXXIX OF 2005)

( A Bill to bring social awakening and awareness in the society and to create a healthy and safe
social environment with a view to protect the common people in the society against the evil and
sinister practices and customs thriving on ignorance and to combat and eradicate the evil, sinister
and aghori practices horn out of beliefs propagated ink the name of some so called divine or
supernatural or magical powers or evil spirits commonly known as Black magic by quacks and
conmen with sinister motive of exploiting and harming mentally, physical and financially the
common people in the society and thereby destroying the very social fiber of the society; and for
matters connected therewith and incidental thereto)

(SHRI. CHANDRAKANT HANDORE,

Minister for Social Justice)
VILAS PATIL,
Principal Secretary,
Maharashtra Legislative Assembly
 Anlaysis by experts

A. About preamble
1. Divine energy is superstition

Observation: There are a great number of religions all over the world that belive in Divine energy.
Faith in God encompasses faith in divine energy and super natural powers. In preamble of the now
approved bill, divine energy has been described as ‘so-called’ and hence bill claims that it is a
superstition. Thus the Government is denying faith in Divine energy and is enacting a law, which is
anti-faith. Presently, there have been a large number of conversions by misusing the simple beliefs
of the people. There are no Sections to fight this in the law.

It could be a superstition about divine energy that ones religion gets changed by drinking water, in
which a piece of bread has been put or by some water sprinkled on ones head. Why is the Govt,
which is objecting to Mantras, Rituals, Ayurveda, Saints in this law, is silent about such
conversions?

2. Govt’s baseless claim that society is ridden with superstition.

Observation: The law is enforced by through the Police and the Judiciary. The police and judiciary
can request the Government for a law if they find they have trouble in taking action in the crimes
pertaining to superstition. Has the Govt got such written complaints or requests? Similarly the Govt.
claims in the preamble that crimes pertaining to Superstition and blackmagic have increased in
alarming numbers. Does the Govt have proof of the number of complaints, their nature and the
obstacles in processing these cases? In this context the statistics obtained, within the right to
information act, state that for the last five years only 17 crimes have been found to be connected to
superstition. ‘The Andhashraddha Nirmulan Samiti’ (ANS) has been striving to bring about this act
for the last 15 years. So who actually wants this act – The people, the Govt. or ANS?

3. Law that makes the police superior to the saint in the place of worship or
pilgrimage.

Observation: Saibaba, Sant Dyaneshwar and many Saints have performed miracles in their lifetime.
Even today many miracles are seen in Ganagapur (Maharashtra). There is a mention of miracles in
almost all the Hindu religious books (scriptures). Are all these claims of miracles going to be
considered untrue/false under this Law? Only those who are superior to the person doing the miracle
can decide whether a miracle is true or false. Do the Govt. and ANS consider themselves superior to
the Saints?
B. The Sections within the Act.
1. The Preface

Section 1:
Observation: In the beginning it was said that this Law would apply to all the religions. Why was
this sentence removed? For this, it would be necessary to get the consent and opinion of the people
of all religions and why did the Govt. not do this?

2. The word Superstition not defined

Section 2(b):

Observation: They have mentioned the word, “Blind Faith” in the preamble but in the bill they have
avoided to state what constitutes difference between Faith and Blind Faith, it has become clear that
they have intentionally avoided giving the definition of the word Andhashraddha “Superstition” i.e.
blind faith. While naming the law, the word “Andhavishwas” have been intentionally avoided.

3. Ban on the Vedas and all Religious Books.

Section 2(d):
Observation: In this act it is considered a crime to believe and spread information about divine
power. Hence all the religious books, e.g. The Vedas (Also 4th Ved, i.e. Atharvaved consists of
many Jadu-Tona i.e. Blackmagic methods), The Gita, The Mahabharat and The Ramayan, would be
banned and the Saints who spread their message shall be arrested under culpable and punishable
offence under this act.

4. Arrangement that the Saints and Devotees shall not get Bail.

Section 3. Sub Section (4)

Observation: According to this act the offence shall be a cognizable, non-bailable offence. So the
police shall be unable to give bail to the people arrested under this law. Only the courts of the
Metropolitan Magistrates and the First Class Magistrate’s shall have the authority to do so. If one is
arrested on a holiday then it is likely that one may have to wait for some days for bail to be obtained.
As per the law this is a cognizable offence and so obtaining bail with this law is next to impossible.
Prof. Shyam Manav (head of A.B.A.N.S. & involved in making this law) has held a press conference
after the Law was passed in the Assembly, in the press note he says, “We have taken the precaution
that person arrested within this law will not be able to go free”.

5. Ploy to finish off the Sects and Saints.

Section 5. Subsection 2:

Observation: They have intentionally included this section, which is applicable to undertakings,
organizations and Trusts and companies. The Govt. states that it’s intention to stop Mantriks,
Tantrums and persons doing black magic by this law. Prima-facie, it appears this law is aimed at the
hypocritical mantiks and tantriks. But this is just a bluff; as the hypocritical tantriks –mantrik,
(persons who claim to break spells, remedy like amulet, remove ghosts and demons), do not work by
establishing the organization or trusts and neither are such people helped by companies and
undertakings. So it can be understood that this Section has been intentionally inserted to catch the
Hindu Saints, Varkari Sampradaya and other sects, trusts organizations and companies.

Recently the SiddhivinayakTemple Trust had asked through the newspapers to submit spiritual
experience about this temple. Such an appeal can get the Temple trust into trouble. There is a great
possibility of Police corruption due to this law.

6. Wrong Section

Sections 6 Sub Section 2:

Observation: Allowing other people, the liberty to complain is wrong as it can be misused greatly.

7. Unlimited powers to the Vigilance officer

Section 6 subsection 3, Section 7 sub Section 1, Section 7 Sub Section 1(2):

Observation: The Vigilance officer has been given the right to enter any place at any time and arrest
a person only on suspicion, he also has been given the liberty to search anywhere and confiscate any
thing. Besides this anyone obstructing him is liable to be put in prison for three months and imposed
penalty. The Hindu religious places have certain norms as to who should enter the premises and how
they should do so to preserve the sanctity and purity of the place. These rules and norms will not be
applicable to the Vigilance officer. Besides if he is an atheist or a Hindu despiser then this officer
can do immense misbehaviour, which could cause hardships to the devotees. Prof. Manav has said
this recently in a public programme “The law can be misused like all others”.

7. (1) (one) As per the Law the vigilance officer can enter and search any premise along with anyone
he recruits as an assistant. Because of this authority, the members of the Andha-shraddha Nirmoolan
Samiti will get the opportunity to take action against the devotees. There is a great possibility that
ANS will use this to take revenge against the Saints. As they have continously criticized
H.H.Narendra Maharaj, H.H.Aniruddha Bapu, H.H. Asaramji Bapu and many other saints and their
Devotee, there is no doubt that they will use this opportunity to take their revenge on them.

8. The grade of the A.N.S. Vigilance Officer is permanent.

Section 8:

Observation: The Mumbai Police Act 160 gives the grade of a police officer to any person who is
given the right by the Government or the Police or the Vigilance officer the authority. And the
person can take action to impose the law. The Government of Maharashtra has founded a
Government Committee to uproot “Superstition”; and filled it with the office bearers of A.N.S.
Therefore it will not be difficult for them to get such rights from the Government. In Section 8 of the
previous draft Law made by Prof. Manav various organizations had been given parallel or equal
rights as the vigilance officers. This same right has been included in a different guise.

9. Misleading Assurance of a Practical Attitude!

Section 13:

Observation: One has to take physical or psychological efforts or monetary harm when one
performs any act. Religious acts of pooja, ritualistic worship, Religious discourses or any other
religious act cannot be an exception to this universal rule. Thus, to phrase this law in a different way
to reassure the public is a cruel prank. It proves that this Law is fact applicable to “religious”
activities. The Constitution has given Indian Citizens right to religious freedom. This Black Law
denies that right.

C. Schedule of the law

1. Present laws are capable.

Schedules Item No 1:

Observation: Let the Govt first answer this question, “Will the police take any action if these crimes
take place before the Law comes into being?” The definite positive answer shows that present laws
are capable and a new law is not at all necessary. We have no objection to punish the people
commiting these crimes. But the present Indian penal code has clear provisions to do so. Therefore
there is absolutely no need for a separate Law. If somebody feels that the punishment given for these
crimes in the Indian penal code is not adequate then the Government has right to amend the existing
laws. For current provisions refer the Indian Penal code (I.P.C.) sections 319–326, 299,302,508,117,
497, 417 etc.

2. The Law does not accept Divine energy.

Schedule item 2:

Observation: Now there is a change in the ‘schedule item 2’. The word ’miracle” is stated as “so
called” In the booklet, published Dr. Narendra Dabholkar of A.N.S. (Anti-Superstition Meaning,
Objections and Implementation, Page. 31) he clearly stated that, “By this item ANS has won an
important battle… Since miracles are called ‘So-Called’… One must know that all miracles are
necessarily false i.e. so-called” Also he states, “Miracle means something happening beyond the
cause and effect rule of Science.” Even Prof. Shyam Manav had stated during the meeting with
Shivsena, “That which cannot be proved by science is a miracle”. Science is yet to discover
components of the mind and the intellect. How could such science test or discover the science
behind the miracles that occur because of Divine Energy? So claiming miracles to be untrue is to
claim that the divine, super-natural energy does not exist. As there is no scientific proof of this
claim, the law cannot say so.

Miracles are described in the Dharmik Vidhi’s like Satyanarayan pooja, Vaibhav Lakshmi Vrata,
Rites after Death, Narayan Nagbali, etc. describe miracles and what can be achieved by doing these
rituals. If the stated result is not obtained then the pooja, items and the books related to it can be
confiscated and banned. Similarly while performimg pooja one has to follow certain rules as stated
in pooja-books. If ignored one will not be benefitted or even get harmed. Such rules can be called as
threats and hence one can ban pooja and the entire path of ritualistic worship.

In all the paths of spiritual pratice the seeker gets the experience of the divine principle. For the
world it is like a miracle. Compilation of such experiences and spreading word about them is an
intrinsic part of spreading righteousness or religious knowledge. Calling this a crime is an
infringement into the right to religious freedom. Further, books about the miracles performed by
Shirdi Sai Baba, Swami Samartha in their lifetime are available for sale. Similarly every sect has
books about the spiritual experiences of their devotees.

According to the Christian religion the Pope has the authority to declare a Saint. To call one “Saint”
it is necessary that he should have performed atleast one miracle. It was required to prove that
Mother Teresa perform miracles before she was declared to be a Saint. Will all saints in the Christian
Religion be considered as fake?

In the Bible there is mention of unscientific facts like ‘the earth is flat’, ‘earth has poles’ ‘the sun
revolves around the earth’. Because of this is the Government going to take action against the
‘Bible’?

3. Ban on Penance, Ritual, Yoga etc.

Schedule Item 3:

Observation: Trying to get blessings of the Divine energy is called ‘Sadhana’ or ‘Upasana’ or
‘Spiritual Practice’. The path a person chooses to get the blessings of the Divine Energy is his own
choice. Bringing a ban on this is a curtailment of the right to personal freedom

Because of this law ‘tapascharya’ penance, ‘Anushthan’ rituals, ‘tirthayatra’ pilgrimages, ‘upavas’
fasts can be banned claiming that those are dangerous to life and have no sceintific base. The Jain
Munis and Christian Nuns accept this path of their own accord. When this is so this Law will ban the
path of obtaining this knowledge, these are signs that it will destroy spirituality and culture.

The great Saint Gagangiri Maharaj has done penance standing in water. The fish have eaten his
fingers and toes. Will he be arrested under this Section? In the Muslim religion there is a ritual called
“Maatam’ in which the person hits his body with sharp weapons. Is the Government going to take
action against them too?

4. The funny Section in the act

Schedule item 4:

Observation: If a person does human sacrifice it is considered an Andhashraddha. If this is proved as

per the law then the person is sentenced for at least 6 months and to the maximum of 7 years at the
most. But in the Raman Raghav human sacrifice case, the sentence given was that of Hanging as per
present IPC 302. If this is so, then what has the Government and ANS achieved by including this
unnecessary Section, which gives only 7 years sentence for the same crime. Also there are no legal
definitions provided for the words Spells, Sorcery, Jaran maran etc.

5. Divine Trance is a crime.

Section 5:

Observation: the government has not given the thumb rule with which to examine and decide if the
Divine energy has entered the Body or not. Whatever the vigilance officer feels shall be the truth,
this is the strange law that shall be implemented.

6. Schedule item No.6, 7, 8 : unnecessary Sections.

Observations about itme 1 are applicable to the schedule items No. 6, 7 and 8. Please see Indian
Penal Code (I.P.C.) section, 319-326, 299,508,117,497and 417.

7. Ban on the science of Ayurveda, Healing Methods and the traditional home
remedies.

Schedule item 9:

Observation: Today, many villages in Maharashtra do not have medical facilities. In many places
people have to travel a distance of many kilometers to reach a Doctor. Government should first
arrange for the medical facilities and then think about such a law. Further it is a question of
individual choice as to which method of treatment the individual wishes to undergo. Preventing this
is an attack on personal freedom.

More over, the Health department of the Government of Maharashtra put up one law giving
protection to the people practicing traditional medicine. The new law will take this protection away.
These two Laws of the Government of Maharashtra have proved to be Contradictory to each other.

8. Inclusion of unnecessary items

Schedule item No.10:

Observation: These claims are topics for research. Till the time Science proves that they are false it
would not be appropriate to declare them as offences or crimes. Punishing a person for making any
type of claim is suppression and oppression. The present laws are equipped to handle the situation if
a complaint is made in this context and so inclusion of this item is unnecessary.

9. Schedule item No.11

Observetions about itme 1 are applicable to the schedule items No. 6, 7 and 8. Please see Indian
Penal Code (I.P.C.) section, 319-326, 299,508,117,497and 417.

10. Law that is trying to declare Saints and Mahatmas as Mentally retarded
Schedule item No. 12. :

Observation : As the Government has not declared what are tools or norms accepted by them to test
Supernatural powers. H.H. Gajanan Maharaj of Shegaon and H.H. Bhalchandra Maharaj of
Kankavali were ‘Avaliyas’ or Sages absorbed in meditation. As many, realized their Sainthood, even
today society has a large number of their devotees. ‘Avaliyas’ or Sages absorbed in meditation do
not have any body consiousness and so their behaviour appears to be like that of a mentally retarded
person. In such case to decide who is mentally retarded person and who is a saint, spiritual practice
becomes necessary. It cannot be investigated or decided through legal means.

True face of draconian law

For sake of clarity, we have divided the analysis in four parts similar to that in draft of the bill. Also
please note that Andha-shraddha Nirmoolan Samiti i.e. Anti-superstition org. is referred below as
A.N.S.

Comparison of Offences Under the Black Magic Act

and Existing Penal Law
Entry Nature of Offence
1. Under the pretext of expelling the ghost
assaulting by tying a person with rope or
chain, beating by stick or whip, to make the
person drink footwear soaked water, giving
chilli smoke, hanging a person to roof, fixing
him with rope or by hair or plucking his hair,
causing pain by way of touching heated object
to organs or body of a person, forcing a
person to perform a sexual act in the open,
practicing aghori acts, putting urine or human
excreta forcibly in the mouth of a person or
practicing any such acts.
2. Display of so called miracles by a person and
thereby earning money and to deceive,
defraud and terrorise people by propagation
and circulation of so called miracles.
3. With a view to receive blessings of super
natural power to follow the evil and aghori
practices which causes danger to life or
grievous hurt; and to instigate, encourage or
compel others to follow such practices.
Existing Provisions of the IPC
319: Hurt.
320: Grievous hurt.
336: Act endangering life or personal safety
of others.
337: Causing hurt by act endangering life or
personal safety of others.
339: Wrongful restraint.
340: Wrongful confinement.
350: Criminal force.
351: Assault
357: Assault or criminal force in attempt
wrongfully to confine a person.
509: Word, gesture or act intended to insult
the modesty of a woman.
351: Assault
415: Cheating
416: Cheating by personation
420: Cheating and dishonestly inducing
delivery of property
320: Grievous hurt.
327: Voluntarily causing hurt to extort
property, or to constrain to an illegal act
107: Abetment of a thing.
4. Doing any inhuman act in search of precious 300: Murder
things, bounty, water resource or for similar 307: Attempt to murder
reasons in the name of karni, bhanamati and 107: Abetment of a thing
making or trying to make human sacrifice in 508: Act caused by inducing person to
the name of jaran-maran, or dev-devaski or to believe that he will be rendered an object of
advice, instigate or encourage committing the Divine displeasure.
such inhuman acts.
5. To create an impression by declaring that a 383: Extortion
divine spirit has influenced one’s body or that 385: Putting person in fear of injury in order
a person has possessed such divine spirit and to commit extortion
thereby create fear in the mind of others or to 386: Extortion by putting a person in fear of
threaten others of evil consequences for not death or grievous hurt
following the advise of such person. 387: Putting person in fear of death or of
grievous hurt, in order to commit extortion
503 Criminal intimidation
508 Act caused by inducing person to
believe that he will be rendered an object of
the Divine displeasure
6. By declaring that a particular person practices 499: Defamation
karni, black magic or brings under the 505: Statements conducting to public
influence of ghost, or diminishes the milching mischief.
capacity of a cattle by mantra-tantra, or create 508: Act caused by inducing person to
a suspicion about such person, or similarly believe that he will be rendered an object of
accusing a particular person that he brings the Divine displeasure
misfortune to others or is responsible for
spread of diseases and thereby making the
living of such person miserable, troublesome
or difficult; to declare a person as satan or
incarnation of satan.
7. In the name of jaran-maran, karni, or 509: Word, gesture or act intended to insult
witchcraft (chetuk), assaulting any person, the modesty of a woman
parading him naked or put a ban on his daily 351: Assault
activities. 329: Voluntarily causing grievous hurt to
extort property, or to constrain to an illegal
act
8. To create panic in the mind of public in 319: Hurt
general by way of invoking ghost by mantras, 320: Grievous hurt
or threaten to invoke ghost, putting up a false 326: Voluntarily causing grievous hurt by
show to make a person free from poisonous dangerous weapons or means -
infection by invoking mantras or similar 327: Voluntarily causing hurt to extort
things, creating an impression that there is property, or to constrain to an illegal act
ghostly or divine wrath causing physical 339: Wrongful restraint
injuries and preventing a person from taking 340: Wrongful confinement
medical treatment and instead diverting him to 351: Assault
practise aghori acts or treatment, threatening a 383: Extortion
 person with death or causing physical pains or
causing financial or psychological harm by
practicing or tend to practise mantra-tantra
(chetuk), black magic or aghori act.
9. Prohibiting and preventing a person from
taking medical treatment in case of dog, snake
or scorpion bite and instead giving him
treatment like mantra-tantra, ganda-dora or
such other things.
10. Claiming to perform surgery by fingers, or
claiming to change the sex of a foetus in
womb of a woman.
11.(a) To create an impression that oneself is having
special super natural powers, incarnation of
another person or holy spirit, or that the
devotee was his wife, husband or paramour in
past birth thereby indulging into sexual
activity with such person;
11.(b) To keep sexual relations with a woman who is
unable to conceive assuring her of
motherhood through super natural power.
12. To create an impression that a mentally
retarded person is having super natural power
and utilising such person for business or
occupation.
385: Putting person in fear of injury in order
to commit extortion
415: Cheating
503: Criminal intimidation
505: Statements conducting to public
mischief.
506: Punishment for criminal intimidation
508: Act caused by inducing person to
believe that he will be rendered an object of
the Divine displeasure
339: Wrongful restraint
340: Wrongful confinement
316: Causing death of quick unborn child by
act amounting to culpable homicide
416: Cheating by personation
420: Cheating and dishonestly inducing
delivery of property
354: Assault or criminal force to woman
with intent to outrage her modesty.
375: Rape
375: Rape
415: Cheating
416: Cheating by personation
420: Cheating and dishonestly inducing
delivery of property