Law Passed To Eradicate Human Sacrifice, Evil And "Aghori" Practices: State Tells Gujarat High Court

The Gujarat government on Friday informed the High Court that it has recently passed a law aimed at eradicating "human sacrifice and other inhuman, evil, and aghori practices" with a view to protect the citizens.

Taking note of the same, the high court disposed of a PIL highlighting "unlawful and inhuman practices" going on in the state which had resulted in "victimization of persons falling prey to practices such as aghori witchcraft and tantrik etc", while asking the state government to give due publicity to the new law. 

A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi had in its July 12 order, after taking note of the PIL plea's contents and the fact that there was "no such legislation" in the state to "curb black magic and other inhumane activities such as Aghori practices", sought the response of the Additional Chief Secretary, Home, Government of Gujarat.

During the hearing on Friday, the counsel appearing for the State GH Virk, in compliance of the July 12 order, submitted that a copy of the legislation promulgated by the state government known as 'The Gujarat Prevention and Eradication of Human Sacrifice and other Inhuman, Evil, and Aghori Practices Act' notified in the Gujarat Government gazette dated September 2.

Taking note of the same the high court in its order noted that Section 11 of this Act provides for making of the rule by the state government to carry out purposes of the act.

The court thereafter in its order said, "It is expected that the rules to carry out the purposes of the act in accordance with Section 11 would be framed and promulgated within the shortest possible time. We also required that the state government shall give due publicity to the provisions of the act and the rules made thereunder though all means of communication namely newspapers, social media handle of the state govt, and other electronic and print channel means such as newspaper Doordarshan etc over a sufficient period of time so that people of the state be aware of the protection granted to them under the act. With the hope and trust that the provision of the act will be implemented in true letter and spirit we rest the present petition". 

The court in its order further "expressed its gratitude" to the PIL petitioners and its counsel, advocate Harsh K Raval, for bringing the issue before the court. 

During the hearing Raval said that he was "grateful to the magnanimity of the court and the government for passing" the law. To this the high court orally said, "We did not do anything we just moved what you have brought before us. Credit goes to you for bringing this before the court and the government". 

Background

The petitioners–a registered public trust Akhil Bhartiya Andhashraddha Nirmool Samiti and Ashwinkumar Navalchand Karia– had raised the issue of "unlawful tantrik activities" going on in the State, submitting that there are "fraudsters, who acts as Godmen, aghori, ojhas, bhuvas and in their tantrik rituals, they even sacrifice young children and females". 

In its July 12 order, the court noted the petitioners' submissions who had pointed to instances of such activities, and contended that the trust had conducted various workshops, conferences, seminars and rallies in the District Banaskantha and is actively working in the State of Gujarat to sensitize people to reject the people engaged in such activities, and the State Government to bring a legislation to curb such inhumane activities.

The petitioners had contended that "such activities are prevalent in large number in the tribal border areas of the State". They had contended that they had repeatedly sent communications to various Ministries, the Chief Minister and Governor of the State to bring their attention to this issue.

The petitioner had said that other stated like Maharashtra, Karnataka, Orissa, Rajasthan, Chattisgarh, Assam had similar enactments. It was contended that at one stage, a draft proposed legislation had been prepared by the petitioner and submitted to the competent authority. It was further contended that the ignorance and inaction on the part of the State is nothing but violation of the fundamental rights of the citizen including Articles 14(equality before law), 19(Protection of certain rights regarding freedom of speech etc.,), 21(Protection of life and personal liberty), 25(Freedom of conscience and free profession, practice and propagation of religion), 26 (Freedom to manage religious affairs) of the Constitution of India.

Case Title: AKHIL BHARTIYA ANDHASHRADDHA NIRMOOL SAMITI & ANR. v/s STATE OF GUJARAT & ORS.  

LL Citation: 2024 LiveLaw (Guj) 127