Government confused on the definition of superstition in its anti-superstition bill; fears it might be against religious beliefs and constitutional values

THIRUVANANTHAPURAM: In the background of the double human sacrifice murder at Elanthoor, the government is planning to bring an anti-superstition bill in the legislative assembly that is scheduled to begin on 5th December. However, the government is in a quagmire because of the difficulty in defining superstition without antagonizing religious beliefs.

The draft of the anti-superstition bill is prepared by Kerala Law Reform Commission headed by Justice KT Thomas. It was prepared by studying similar laws in other states and suited to Kerala’s environment. The punishments are as per Maharashtra’s anti-superstition law.

In Karnataka, anti-superstition law defines superstition as that which do not have the backing of science. If that definition is adopted like that then many religious practices such as Attukal Pongala, Kuthiyottam, the healing practices in Christian beliefs, Theyyams, etc. must banned. The government fears that it will be against religious beliefs.

The legal advice to overcome this is to define it as those practices which are outside of the responsibility of organized institutions. However, this will be against the constitutional value of equal justice. It is the right of every citizen to follow any religion or practice.

In 2013, Maharashtra assembly passed a comprehensive anti-superstition and evil practices law. It was effective against black magic, evil spirit possession, magic stones, yantras for attraction, talisman, divine treatment, etc. The punishment ranged from 6 months to 7 years in prison and fine from Rs.5000 to Rs.50,000.

Karnataka also followed suit two years back and introduced a law that was against human sacrifice and other evil practices in which low caste people roll in food waste. However, some practices such as Vaastu, astrology, cutting of hair as part of religion, etc. were allowed.