Faith and the law

Advertisements that promote superstition and related content have been frowned upon by the courts. Yet, in the absence of a contemporary law, there is a thin line that separates faith and superstition. Where does that leave us?

- Sujit Bhar

IN a recent case the Aurangabad bench of the Bombay High Court took a strong stance against broadcasting of advertisements that promoted superstition and related content. The Court said

that it was a crime to broadcast such advertisements and companies involved will have to face legal action. The bench ordered that a criminal case be registered against four television channels for telecasting an advertisement promoting Hanuman Chalisa Yantra. The Court said that this promotes superstition among the public.

The division bench of Justices TV Nalvade and MG Sevalikar had the solid backing of the provisions of Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013. The Court said that Section 3 of the Black Magic Act not only prohibits magic, evil practices, but also acts to stop the propagation of such evil practices and black magic. In fact, Section 3(2) of the Act states this to be criminal activity.

The case was brought to the notice of the Court through a petition lodged by a teacher, Rajendra Ambore, who had complained against the advertisements. The Court also directed the state government to create a special cell at the state level to stop such advertisements and ensure that no such advertisements are telecast on any television channel.

So far, so good, except that the definition of black magic will differ from culture to culture and across geographical boundaries. More importantly, there is no national legislation yet on such issues. The only bill that was prepared for this—The Prevention of Dreadful Superstitious Practices Bill, 2011—has been stuck in the Rajya Sabha since it was introduced there as an Independent Member’s Bill on August 19, 2011.