Assam Passes Law To Curb Non-Scientific Healing Practices, Black Magic Acts

In a recent development, the Assam Assembly has passed the Assam Healing (Prevention of Evil) Practices Bill, 2024.

The Bill came to be passed by voice vote on February 26, 2024 within 5 days of its introduction in the 126-member State Assembly. It was tabled by Parliamentary Affairs Minister Pijush Hazarika on February 21, on behalf of State Chief Minister Himanta Biswa Sarma.

Statedly, the proposed law aims to curb "evil and sinister" non-scientific healing practices carried out to exploit innocent individuals and to bring a "social awakening" in the society. 

Salient features of the Bill

(A) Definition clauses: The Bill defines "evil practices" as commission of any act of healing practices and magical healing by any person with a "sinister motive" to exploit common people. "Healing and healing practices" cover traditional holistic approach to heal body, mind and spirit (of a human) with traditional medicine and art, including "any system, treatment, diagnosis, or practice for ascertainment, cure, relief, correction of any human disease, ailment, deformity, injury or enhancement of a condition or appearance".

(B) Prohibition on healing practices & misleading advertisements: Section 3 of the proposed law prohibits "taking part" in healing practices and magical healing propagation for health treatment of any person, which gives a "false impression" that the subject disease, pain or trouble will be cured. Further, Section 4 bars direct or indirect participation in any misleading advertisement wrt any medicine/remedy.

(C) Bar on evil healing practices: As per Section 5, commission of any act of "inhuman, evil or magical healing" or "black magic acts", by a person himself or through another, shall be an offence. The propagation or promotion of said practices shall also be open to punishment.

(D) Penalty: Whoever contravenes the provisions of the law shall, in the first instance, be punishable with imprisonment of 1-3 years, or fine of Rs.50,000 or both. If case of second conviction, punishment may entail imprisonment of upto 5 years, or fine of Rs.1 lac or both.

(E) Cognizable & Non-bailable offences: Offences under the law shall be cognizable (arrest without warrant) and non-bailable.

(F) Search and seizure: A police officer of the rank of Sub-Inspector (and above) shall have power to "enter and inspect any practices", when he has "reason to believe" that any offence under this law has been (or is likely to be) committed. Such officer may also seize any advertisement which he has "reason to believe" contravenes the provisions of the law.

(G) Appointment of Vigilance Officer: The State government may appoint one or more officers, not below the rank of Sub-Inspector of Police, as Vigilance Officer(s) for one or more police stations. These officers shall pursue detection, prevention and reporting of as well as action on any contravention of the proposed law. They shall be deemed to be a public servant.

(H) Indemnity: No prosecution or legal proceeding shall lie against a person for anything done under this law, if it was done "or intended to be done" in good faith.

(I) Overriding effect: Notwithstanding anything contained in any other law for the time being in force, this proposed law will prevail.