Supreme Court Dismisses PIL On Eradicating Superstition And Sorcery

The Supreme Court on Friday refused to entertain a PIL seeking directions to the Centre and states to take appropriate steps to eradicate the menace of superstition, sorcery and other similar practices.

A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra said that courts are not the answer to all societal evils.

The bench acknowledged the seriousness of the issue but said that it was “not judicially manageable” and that it is the responsibility of civil society and the democratic arms of the government to address such issues.

“The answer is education, the spread of literacy… The more educated you become, the presumption is that more rational you become.

How can a court direction for developing scientific temper help? Writs can’t be an answer to all the evils in society,” said the CJI.

The bench said this is an issue that has to be singularly decided by th Parliament and added, “It is also for civil society and the democratic arms of the government to take steps.”

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The apex court was hearing a PIL filed by advocate Ashwini Kumar Upadhyay who also sought directions to the Centre and states to take steps to develop a scientific temper, humanism and the spirit of inquiry and reform among the citizens in the spirit of Article 51A of the Constitution, which deals with fundamental duties.

The bench hearing the case told Upadhyay, “You also don’t become a social reformer by only moving the courts. There are several other ways to bring about changes. Courts have their own limitations, and we can’t entertain everything that we think are serious issues.”

As the bench was not inclined to entertain the petition, Upadhyay withdrew his plea.
The petition has sought a strict anti-superstition and sorcery law to do away with the unscientific acts prevalent in the society that adversely impact the community and also to prevent fake seers from exploiting innocent people.

“A meaningful reform will need to increase awareness among the masses through information campaigns and by roping in community/religious leaders to debunk the myths surrounding such practices,” the plea added.

The plea has alternatively sought a direction to the Centre to constitute an expert committee for ascertaining the feasibility of criminalising superstition, sorcery and other similar practices by adding a chapter in the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS).

WITH INPUTS FROM ANI

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