Maharashtra Assembly passes 'diluted' Anti Black Magic Bill

Maha Assembly passes 'diluted' Anti Black Magic Bill

* Bill to come up for consideration in Legislative Council
* Opposition flays DF Government over ‘rushed’ passage of the Bill
* Congress flays BJP, Shiv Sena over ‘suspect’ stand

Staff Reporter
NAGPUR, Dec 13: Around four months after the death of anti-superstition activist Dr Narendra Dabholkar’s murder in Pune, Maharashtra Legislative Assembly adopted the much-debated Anti-Black Magic Bill on Friday. While the Opposition expressed displeasure over the ‘rushed’ manner in which the Bill was passed, ruling Congress flayed the Opposition for taking ‘suspect’ stand.
Soon after murder of Dr Dabholkar, Maharashtra Government had issued an Ordinance of over 18-year-old Bill. Chief Minister Prithviraj Chavan resolved to pass the revised Anti Black Magic Bill during winter session of State Legislature. Accordingly, Social Justice Minister Shivajirao Moghe tabled the revised draft of the Bill in the Legislative Assembly on Wednesday. The Government held discussions with representatives of religious and spiritual movements, Warkaris, the Opposition members and also organised a presentation on the revised draft.
Later, the members debated over the provisions of the Bill. There was general agreement that the Bill should be passed. However, there were some apprehensions about the provisions, and some members from the Opposition as well as Democratic Front (DF) Government sought to know if action would be taken in cases of religious rituals and traditions in different religions including Hinduism, Islam, Christianity, and Jainism. After heavy debate, which was participated by 22 members of the Assembly, the Bill came up for adoption on Friday.
The members from the Opposition as well as the Treasury benches made certain suggestions to be incorporated to make the Bill more effective. Devendra Fadnavis (BJP) suggested to incorporate ‘Saving Clause’ so that the apprehensions that the law was against religious rituals could be laid to rest. Other members including Ravindra Waykar (Shiv Sena), Virendra Jagtap (Congress), Ashok Pawar, and others also made suggestions. Moghe said that the Bill was against neither any religion nor any principle of personal freedom, and appealed to the House to pass the Bill.
Deputy Speaker Vasant Purke took up the suggestions for consideration and announced that those made by Fadnavis, Waykar, Bala Nandgaonkar stood rejected. After hearing to the suggestions, he announced that those made by Jagtap and Pawar were passed. Some of the members namely Mangalprabhat Lodha (BJP), Vijayraj Shinde (Shiv Sena), Sambhaji Pawar (BJP), Shishir Shinde (MNS), Vinod Ghosalkar (Shiv Sena), Nana Patole, Girish Bapat (both BJP), Ashish Jaiswal (Shiv Sena) and others stormed into the well of the House. Some of them tore papers on the table of Secretary and hurled the pieces into air.
Bapat expressed strong displeasure over the Government’s emphasis on rushing passage of the Bill. Lodha alleged that the Opposition members were not being given opportunity to speak. PWD Minister Chhagan Bhujbal tried to pacify the Opposition and appealed them to co-operate in passage of the Bill. Amid resentment being expressed by the Opposition members, Deputy Speaker Vasant Purke took up the Bill for voice vote and declared it passed.
Later, talking to the media outside the Legislative Assembly, Moghe welcomed passage of the Bill. He said that the Bill would present inhuman and ‘Aghori’ practices in the State. “I hope that many other States will follow the suit. The Bill has been cleared with amendments suggested by the Opposition,” he said. He expected the Bill to have a smooth passage in Legislative Council.

Oppn expresses displeasure
over ‘rushed’ passage of Bill
The Opposition leaders expressed displeasure over the manner in which it was passed. “We all support the Bill and were willing to co-operate. However, the Government rushed the Bill using its majority in the House, only to proclaim credit for passage of the Bill. The Government has lost confidence of the Opposition by not giving opportunity to expression to the latter,” said Fadnavis.
Flaying the DF Government for manner in which the Bill was passed in Legislative Assembly, Leader of Opposition (Council) Vinod Tawde said that the Bill lacked real teeth. “Late Dr Dabholkar wanted third party to be given right to lodge complaint in case of violations under the proposed law. We were opposed to that but after interaction with Andhashraddha Nirmoolan Samiti, we agreed to it with a rider that complaint should be registered by cops only after verification by a high-ranking officer. However, the Bill passed in Assembly today lacks this provision,” he explained. Still, Tawde said, if Andhashraddha Nirmoolan Samiti was willing to accept this ‘watered down’ version of the Bill, the Opposition would support passage of it in Legislative Council.
Shiv Sena group leader Subhash Desai also expressed strong displeasure over the ‘rushed’ passage of the Bill. “We just wanted to make important suggestions so that the law is not misused like Atrocities (Prevention) Act. Anti Black Magic Bill should not become another Atrocities (Prevention) Act. If it is misused to target Hindus, Shiv Sena will be forced to take to streets,” he warned. Asked if his party was content over suggestions incorporated in the Bill, he said, “I would be able to comment only after seeing the revised Bill.”

Published in The Hitavada front page on December 14, 2013

Congress hails passage of
the Bill, targets BJP-Sena
The ruling Congress party welcomed passage of the Anti Black Magic Bill in the Legislative Assembly on Friday. At the same time, it targeted the Opposition parties BJP and Shiv Sena.
Maharashtra Pradesh Congress Committee (MPCC) chief Manikrao Thakare congratulated DF Government and Chief Minister Prithviraj Chavan for passage of the Bill. However, he said, the stand adopted by BJP and Shiv Sena is ‘suspect’. “Hopefully, BJP and Shiv Sena will rethink over their stand in Legislative Council and ensure smooth passage of the Bill,” he observed in a statement issued here.

Dabholkar’s son wants
law at national level
Hamid Dabholkar, son of late Dr Narendra Dabholkar, hailed passage of the Anti Black Magic Bill in Legislative Assembly and hoped that Legislative Council also gave its nod to it. He wanted similar law to be framed at national level. 

The Amendments, the dilutions

Staff Reporter
NAGPUR, Dec 13: The Anti Black Magic Bill passed by the Legislative Assembly on Friday incorporated five amendments proposed by various stake-holders, resulting in dilution of various provisions. In the process, the Bill has become a ‘watered down’ version of the original.
The most contentious issue was related to ‘third party complaint’. The draft provided for entertaining a complaint filed by third party, on behalf of the victim. The passed Bill allows complaint to be filed by a victim or any other member of his/her family, in case of evil practices used against him/her.
Many members of Legislative Assembly wanted to know if religious practices, rituals and traditions in different religions constituted evil practices under the proposed law as they resulted in physical injury. Some members had asked specifically if self-injury during Moharram procession, or ‘Khatna’ (circumcission) in Islam, fast and ‘Navas’ in Hinduism, ‘Keshlochan’ in Jainism, pricking of ears or nose of children constituted violations under the law.
There were apprehensions if astrology, ‘Wari’ to Pandharpur, kirtan, bhajan, education and training and practice of ancient wisdom, distribution of literature containing stories of miracles performed by saints in the past, religious discourses, prayers, religious rites and rituals, festivals and celebrations, processions, Vaastu Shastra, water-tapping adopting ancient or traditional wisdom etc would constitute violations. The Government has approved an amendment that states that the Act would not be applicable to any of these practices.
The amendment has been incorporated after Line No 22 on Page No 5 of the Bill. It also states that the Act will not apply to any religious practices or prayers performed by individuals at home or managements of places of worship in temple, dargah, Gurudwara, Pagoda, Church or any other place of worship if these do not cause any physical harm or entail financial exploitation of individuals. The Government has included a ‘Saving Clause’ that provides for further amendments through notification published in Government Gazette in future. The list of practices, which the law will not apply to, also could be amended through Gazette notification.
Duping of an individual by posing that a mentally challenged person has ‘extra human’ powers, will constitute violation under the law. An amendment to this effect has been incorporated.
Under the Bill, provision has been made for imprisonment for a period of six months to seven years and fine of Rs 5,000 to Rs 50,000 to a person found guilty. Some of the MLAs had expressed reservation over this provision. According to Devendra Fadnavis (BJP), Indian Penal Code provides for even capital punishment in case of a murder. However, he added during debate, Anti Black Magic Bill provided for imprisonment up to only seven years even in case of human sacrifice.