Will Bring Draft Law To Eradicate Black Magic, Aghori Practices: Gujarat Govt to High Court

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The affidavit, dated July 31, stated, “It is most respectfully submitted that the draft bill for enactment to curb the black magic and inhuman activities such as Aghori practices will be brought up in the next session of Gujarat legislative assembly.”

Ahmedabad: The Gujarat state Government has informed the High Court that it intends to introduce a draft bill in the upcoming assembly session to curb practices of black magic and ‘aghori’ activities.

This announcement came through an affidavit in response to a PIL demanding action against fraudulent individuals posing as godmen, aghoris, ojhas, and bhuvas. The state Home Department revealed that senior officials convened on July 23 to discuss this issue.

The affidavit, dated July 31, stated, “It is most respectfully submitted that the draft bill for enactment to curb the black magic and inhuman activities such as Aghori practices will be brought up in the next session of Gujarat legislative assembly.”

The PIL, filed by the Akhil Bhartiya Andhsraddha Nirmool Samiti, calls for legislation to tackle unlawful tantrik activities in Gujarat. The petition highlighted instances where fraudsters, masquerading as godmen, aghoris, ojhas, and bhuvas, deceived people with their rituals, sometimes resulting in the sacrifice of children and women.

It cited cases such as a minor girl tortured to death by her father and uncle in an occult ritual, a farmer couple committing suicide in a human sacrifice, and a witch doctor maiming and killing a two-month-old baby girl.

The petition seeks a court directive for legislation to curb these inhumane activities, which are notably prevalent in Gujarat’s tribal regions. It referenced similar laws in Maharashtra, Karnataka, Orissa, Rajasthan, Chhattisgarh, and Assam, specifically the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhumane, Evil and Aghori Practices and Black Magic Act of 2013.

Black Magic Act of 2013

The Black Magic Act of 2013, known as the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhumane, Evil and Aghori Practices and Black Magic Act, was enacted in the state of Maharashtra, India. This legislation was introduced to address and eradicate the practice of black magic, human sacrifice, and other inhumane and evil practices prevalent in certain parts of the state.

Key Objectives

  1. Prevention of Human Sacrifice: The Act aims to prevent and eliminate human sacrifice, a gruesome and inhumane practice that still exists in some rural and tribal areas. Such practices often involve the ritualistic killing of individuals, including children and women, believed to appease deities or bring good fortune.
  2. Eradication of Inhumane Practices: The Act seeks to put an end to various other inhumane and evil practices associated with black magic. These practices often exploit people’s superstitions and involve physical and mental torture.
  3. Protection of Victims: It aims to protect victims who are often subjected to severe abuse, including physical harm, mental trauma, and even death, under the guise of rituals and superstition.
  4. Prosecution of Perpetrators: The Act provides a legal framework to prosecute individuals who engage in or promote such practices. It ensures stringent penalties for those found guilty, including imprisonment and fines.

The petitioner argued that the Gujarat Government’s inaction violates fundamental rights under Articles 14, 19, 21, 25, 26, and 51A of the Constitution.

The matter was last heard on August 2 and is scheduled for further hearing on August 23 by the division bench of Chief Justice Sunita Agarwal.

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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