Anti-superstition act in place, but rules still in the making

On a humid evening in Pune, a young woman walked into a police station after months of silence. She was ill and had turned to an astrologer for relief through rituals. Instead, she was repeatedly exploited and found herself trapped.

"I didn’t know there was a law against such practices. Had I known, I would have gone to the police much before," she told TOI. Other victims said faith should never become a weapon against the vulnerable and the law must protect them. Twelve years ago, the state enacted the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013. But, the law that once symbolised the govt’s commitment to scientific temper still has no operational rules.

It took a murder for the law to be enacted. Rationalist Narendra Dabholkar was shot dead in Pune in Aug 2013 and the anti-superstition legislation saw the light of day in Dec that year.

MANS estimates that nearly 80% victims in cases registered under the law are women from urban centres like Nashik and even Mumbai, who face sexual exploitation, financial fraud or psychological abuse in the name of miracles and rituals, and fraudulent practitioners come from all religious backgrounds.

Krishna Chandgude, state secretary of MANS, said that without rules there is no official roadmap for rehabilitation or protection of the victims.

"It has severely affected the investigation process. In many cases, victims of black magic and those falsely accused of practicing it (who are often assaulted by mobs) require immediate state protection," he added.

The arrest of astrologer Ashok Kharat for alleged atrocities against women has led MANS activists to reiterate their demand.

"Framing of rules is important for the effective implementation of the Act. We took it up with successive govts but nothing has happened," Mukta Dabholkar, activist and Narendra Dabholkar’s daughter, said. No guidelines means a gap between legislation and implementation, others added.

Govt’s hesitation to formalise these procedures results in women and weaker sections of society falling prey to fraudulent people, Thaksen Gorane, another senior MANS office-bearer, said.

A woman from Pune, who approached MANS after being pressured into ritualistic healing, said awareness is the biggest challenge. "Many women are emotionally and financially dependent on families or faith healers. When something goes wrong, they are blamed or silenced. A strong law is important, but awareness and police support are equally necessary," she said.

Another victim from Satara said rules could make the law more accessible. "If every police station has a cell and information boards, people would know where to go," she said.

Citizens who believe in scientific temper and MANS activists can be members of the cells, and regular meetings must follow.

Dedicated officials in the cells can provide security to victims and assist them in the registration of FIRs, and can also maintain data about fraud in their jurisdiction. People can inform the cells about incidents. "When information is available, police are compelled to act," Mukta added.

She has written to the police department, against the Kharat case background, listing five demands. "We have proposed several measures and sought cooperation in implementing them," she added.

MANS activists will submit district-wise lists of fraudulent godmen along with evidence to district superintendents of police. Mukta said that posters about the Act in police stations will strengthen awareness and implementation.

The organisation wants systematic data collection on cases registered under the Act over the past 13 years. "Some information has been obtained through RTI, but if govt takes initiative, the data can be compiled more systematically and accurately," Mukta said.

According to MANS estimates, more than 2,000 cases are estimated to have been registered under the Act since 2013.

Activists say social stigma and fear of defamation prevent victims from filing complaints, allowing exploitative practices to go on.

Senior officials from the social justice department confirm that rules are still pending and should have been prepared to strengthen enforcement. Calls and messages to seek social justice minister Sanjay Shirsat’s comments were unanswered.

Govt allots funds for anti-superstition awareness. MANS has offered its tabular-level experts to conduct training for the police and public through govt infrastructure, without seeking any of the allotted funds.

It has launched a statewide helpline to compile a district-wise database of fraudulent practitioners. "We have received 39 calls from individuals seeking help. These victims are getting legal guidance and psychological counselling by local experts," Mahendra Datrange of MANS said.