Maharashtra has a law against black magic. Twelve years on, the rules to enforce it are still not written
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Context
The was enacted following the assassination of rationalist Narendra Dabholkar to curb superstitious exploitation. However, 12 years later, the executive branch has failed to frame the detailed rules necessary for its enforcement, leaving law enforcement agencies without operational guidelines and hindering the efforts of grassroots activists.
UPSC Perspectives
Governance
The concept of delegated legislation (or subordinate legislation) is crucial in the Indian parliamentary system, where the legislature enacts a parent law outlining broad policies but delegates the task of framing operational rules to the executive branch. Without these procedural rules, a law cannot be effectively implemented on the ground, rendering it functionally dormant. In this instance, while the criminalizes exploitative practices, the executive's 12-year delay in drafting rules has paralyzed enforcement. The lack clear Standard Operating Procedures (SOPs) on how to register complaints, gather evidence, or protect victims. This exposes a significant governance deficit where progressive legislative intent is defeated by bureaucratic lethargy. To ensure accountability, legislative Committees on Subordinate Legislation must strictly monitor executive timelines for rule-making.
Social
Superstitious practices and black magic are deeply entrenched social evils that thrive on human vulnerability, particularly exploiting health crises and financial distress. Accusations of practicing black magic often serve as a tool for social control and marginalization, disproportionately impacting women in both rural and urban households. As highlighted by grassroots activists, it is common for a marginalized family member to be branded a witch or blamed for supernatural harm, leading to severe social ostracization and even physical violence. This systemic targeting violates the fundamental right to live with dignity protected under of the Constitution. The spread of these exploitative practices into urban areas demonstrates that formal education alone is insufficient to eradicate deeply ingrained orthodoxies without sustained social reform. Therefore, addressing superstition requires not just legal penalties, but massive community-level sensitization and victim rehabilitation frameworks.
Constitutional
The fight against superstition is constitutionally anchored in of the , which explicitly mandates every citizen to develop a scientific temper, humanism, and the spirit of inquiry. The failure of state machinery to aggressively promote this mandate forces civil society organizations like the to shoulder the burden of rationalist advocacy. These organizations perform a critical public service by conducting grassroots sting operations, debunking myths through digital platforms, and bridging the gap between victims and reluctant law enforcement agencies. The intersection of religion and politics often makes state action against godmen challenging, highlighting an ethical deficit in public administration where political patronage shields exploitative figures. Rationalist movements trace their legacy back to social reformers like , emphasizing that structural reform is an ongoing historical process. UPSC aspirants must analyze how the state's abdication of its duty to promote scientific temper necessitates robust civil society intervention.