Developing 'Scientific Temper' Matter Of Education, Not Judicial Writs: Supreme Court Dismisses PIL To Curb Superstition And Sorcery

The Supreme Court today (August 2) refused to entertain a PIL seeking directions to the Union and States to take action against superstition and sorcery practices in the country. The Court observed that it was essential to focus on educating citizens to promote a 'scientific temper' in the country, something which be cannot achieved merely by filling petitions. 

The PIL was filed by Advocate Ashwini Kumar Upadhyay under Article 32 of the Indian Constitution seeking action against superstition and sorcery practices in the country. The petitioner sought to direct the central and state governments to take steps to control these practices and protect citizens' fundamental rights. It is called for promoting 'scientific temper' amongst the citizens as enshrined in the Fundamental Duties of the Citizens under Article 51A (d). 

The bench led by CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra disinclined to issue notice in the Petition, and remarked that the scope of prayers falls within the domain of the legislature to frame laws. 

"What kind of PIL is this? How can a court issue these kinds of writs? Direction to eradicate superstition ....how do we or they (executive) enforce it ?" CJI said.

"Developing a scientific temper is not all about judicial writs, it's also about people getting educated. The more educated you become the more - at least that's the presumption- the more rational you become. Answer is - for the people to be become educated. Look at the youngsters in court, they won't be superstitious, simply because they are all educated."  

The petitioner referred to the murder of Narendra Dhabolkar for campaigning against superstitious practices in Maharashtra. He said that it was a serious problem affecting the lives of several ordinary and gullible people across the country.

When the Court expressed reluctance to entertain the matter, Upadhyay requested for tagging the matter with the pending petition titled 'Durga Dutt v. Union of India' before the bench led by Justice Sanjiv Khanna which seeks the enforcement of Fundamental Duties in Part IV-A in light of Justice JS Verma Committee's Report. The Court however turned down such a request and permitted the advocate to withdraw the PIL. 

In Durga Dutt, the petitioners have placed reliance on the Judgment in Hon'ble Shri Rangnath Mishra v. Union of India and Ors 2003 Suppl (2) SCR 59, wherein directions were issued to the Central Government to consider and take appropriate steps expeditiously for the implementation of the Report of National Commission to review the working of the Constitution. It plea sought directions to Union and state for comprehensive laws ensuring adherence to Fundamental Duties. 

The present PIL argued that a strict anti-superstition law is urgently needed to address several issues: (1) Stop unscientific acts that harm society; (2) Ensure dignity for all citizens, especially SC-ST communities; (3) Prevent fake spiritual leaders from exploiting people; (4) Promote scientific thinking and reform; (5) Protect social activists from attacks. 

The following reliefs were sought :

a) direct the Centre and States to take appropriate steps to eradicate the menace of superstition, sorcery and similar other evil practices in order to secure the citizens' fundamental rights guaranteed under Article 14, 21 and 25 of the Constitution;

b) direct the Centre and States to take appropriate steps to develop scientific temper, humanism and the spirit of inquiry and reform among the citizens in the spirit of Article 51A of the Constitution;

c) alternatively, direct the Centre to constitute an Expert Committee to ascertain the feasibility of criminalizing Superstition, Sorcery and similar other evil practices by adding a Chapter in BNS and BNSS;

d) alternately, direct the Law Commission of India to prepare a Report on the Prevention of Superstition and Sorcery within 6 months;

e) pass such other direction(s) as this Hon'ble Court deems fit in the facts and circumstances of the case and allow the cost to the petitioner. 

It may be noted that in 2022 a petition was also filed before the Kerala High Court seeking a direction for the state government to consider and take a decision regarding the enactment and implementation of 'The Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019'. 

Case Details : ASHWINI KUMAR UPADHYAY VS. UNION OF INDIA W.P.(C) No. 000461 / 2024

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