Assam has become the latest state to introduce a Bill aimed at eliminating magical healing practices, with provisions for imprisonment and fine. A vigilance officer has also been appointed to enforce this
With the intent to eradicate magical healing practices, the Assam government on February 21 tabled a bill named Assam Healing (Prevention of Evil) Practices Bill, 2024. The Bill aims to bring social awakening in society and create healthy, science-based knowledge and a safe environment to protect health against evil and sinister practices. These practises thrive on ignorance and ill-health of people and exploit them, thereby destroying the fibre of society.
As per the Bill, no person shall take part in healing practices and magical healing propagation for treatment of any diseases, any disorder or any condition directly or indirectly, giving a false impression of curing diseases and pain. No person shall take part in advertisement relating to any kind of medicine or remedy relating to a false claim to cure diseases through healing practices.
The commission of any act of inhuman, evil or magical healing or propagation or promotion of such practices or black magic acts by any person or through other person shall be an offence under the provisions of this Bill and is punishable.
The evil practice of magical healing with the sinister motive to exploit common people is a cognizable and non-bailable offence under the Bill. Punishment is imprisonment for one year, which may be extended up to three years or with fine of Rs 50,000, or both. Further, in case of a subsequent conviction of a person, the punishment will extend up to five years or with fine of Rs 1 lakh or both. There shall be a vigilance officer to check such evil healing practices.
Section 8 of the Bill says: “(1) For the purpose of embracing the provisions of the Act, a Police Officer not below the rank of Sub-Inspector have the power to enter and inspect any practices within the local limit of jurisdiction of such person where he has reason to believe that an offence under this Act has been or is likely to be committed.
“(2) Seize any advertisement, for which they have reason to believe, is in contravention to the provisions of the Act.
“(3) Examine any record, register, document or any other object found in any place mentioned in sub-section (1) and seize the same if, he has reason to believe that it may furnish evidence of the commission of an offence punishable under the Act.”
Section 9 of the Bill empowers the government to nominate police officers as vigilance officers. The duty of the vigilance officer is as follows:
(i) to detect and prevent the contravention or violation of the provision of this Act and the rules made thereunder, in the area of his jurisdiction and report such cases to the nearest police station within the area of jurisdiction and upon filing of complaint to the police station by any victim or member of his family to ensure due and speedy action thereon and to give necessary advice, guidance and help to 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 area 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 order.
Any person who obstructs the discharge of official duties or the work of the vigilance officer shall on conviction be punished with imprisonment for a term which may extend to two years or with fine, which may be extended to Rs 25,000, or with both.
The government may undertake programmes to bring awareness about the ill effects of inhuman, evil practices and to provide proper medical help or relief to the injured person or victims in government hospitals in such manner as may be prescribed and designate an authority to provide relief by notification published in the Official Gazette (Section 10). Section 16 empowers the government to frame rules to carry out the provisions of the Bill.
In 2016, the Prevention of Witch-Hunting Bill was introduced in the Lok Sabha, but was not passed. The Drugs and Magic Remedies Act, 1954, aims to tackle the impact of various superstitious activities prevalent in India.
Incidentally, Bihar was the first state to enact a law to prevent witchcraft and identification of a woman as a witch. The Prevention of Witch (Daain) Practices Act came into force in October 1999. The Maharashtra government passed The Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013, aiming to make it illegal using black magic, sacrifices of human beings, the use of magic to treat illnesses and such other practices. In 2017, Karnataka passed an anti-superstition law known as the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act that counters inhumane practices connected to religious rituals.
In the case of Ishwari Lal Yadav vs State of Chhattisgarh (2019), the Supreme Court confirmed death sentence in a case involving the human sacrifice of a two-year-old.
Magical healing has been practised in India for a long time and is supported by people’s religious beliefs. Education is essential in ending such activities.
—By Shivam Sharma and India Legal Bureau