Warkaris use saffron power to fight bill on witchcraft

Kartik Shuddha Chaturthi, Kaliyug Varsha 5112

Pune (Maharashtra): Going a step further against the proposed law against black magic and witchcraft, warkaris have joined hands with Hindu organisations.

The warkaris threatened to block the bill as they see a “valid threat” to wipe out the 700-year-old tradition of going barefoot to Pandharpur, called wari. As a measure of their displeasure, warkaris have threatened not to take the palkhi to Pandharpur, as per tradition.

The state government is expected to pass the Maharashtra Prevention of Human Sacrifice, Sexual Harassment and Inhuman Acts Bill 2010 in the coming winter session.

The bill is a modified version of the anti-superstition law which the state government was trying to enact for the last seven years.

The earlier law could not be passed because of stiff opposition from Shiv Sena and other members, as well as Hindu organisations, notably the Hindu Janajagruti Samiti.

The two have joined hands to protest against the possible passing of the bill, saying it will put a stop on the many Hindu rituals.

Narahari Maharaj Chaudhari, secretary, told Pune Mirror, “Section 13 of this Act states that any kind of physical pressure, torture or exertion in the name of religion is forbidden. Now, we warkaris tread almost 250 kms between Alandi or Dehu and Pandharpur, barefoot. There is every possibility that a warkari will be considered a violator of this law.”

This is not the first time that warkaris have registered their protests on the issue. They had threatened to stop the wari mid-way on the way to Pandharpur in 2008, asking to permanently shelve the law.

“The Chief Minister’s representative had assured us that the bill will not be enacted. Apparently, the state government is not willing to make this a law, but organisations like Andhashraddha Nirmula Samiti are pressing for it.

Despite giving assurance to consider the views of the ‘Warakari Sampradaya’, the government has consulted none of the religious organisations or ‘Dharmagurus’ while preparing the draft bill” said Govind Giri Maharaj of the Mahamandal.Maharashtra State Warkari Mahamandal.

HJS spokesperson Sunil Ghanwat supported the protestations. “It is a common tradition in Hindu families to pierce the earlobes of babies. The vague definition in the law may lead to term this tradition also as a cruelty.”

The bill has been passed by the State Cabinet and the Vidhan Sabha, but is still lying with the Joint Selection Committee. Minister of state for social justice and empowerment, Shivajirao Moghe, said the bill would be tabled before the Assembly in the coming winter session.

The idea of the Act came about in 2003 during the previous Congress-NCP government. The bill was titled  ‘Maharashtra Jadutona va Anishta aani Aghori Pratha Bill, 2005 [Eradication of Black Magic and Undesirable and Heinous Practices Bill, 2005]. It was presented in the Legislative Assembly in 2005.

In that year’s winter session, the bill was passed by a majority amid pandemonium, but it was held up in the Legislative Council by Shiv Sena MLA Diwakar Raote.

The bill was opposed by Shiv Sena, BJP and pro-Hindu organisations and sects as it would have adversely affected the customs, traditions and culture followed by Hindus.

Later, the bill gathered dust. Since a new LA has now been elected in the state, the earlier bill has been cancelled in terms of clause 196 (5) of the Indian Constitution.

The Assembly secretariat has accordingly informed the ministry vide a letter. In March, the government announced it has shelved the bill.

Meanwhile, ANS was pressing for the bill and it took recourse to various agitations, including writing letters in blood in support of the law.

During the monsoon season of Maharashtra legislature, the government announced it would reintroduce the bill.

Clause 13: It is being declared, for the removal of doubt, that nothing from this Act will be applicable to any action that does not lead to the mental, physical or financial distress to a person under a religious rite or religious act.

Sudhakar Chapalgaonkar, retired judge and practising advocate, said, “The existing provisions in the Indian Penal Code are sufficient to give punishment to offenders.

All offenses under the proposed law have been very well covered in the IPC. Recently, in a case involving death of a daughter-in-law, the Supreme Court has commented on the fallacy of special laws, which result in lesser punishments than that prescribed by the IPC.

The SC has said that special laws actually damage the procedure of giving punishment. The old anti-superstition law has been reformed and renamed to include sexual harassment also.”

He added: “Section 13 has been worded with two negatives which actually mean one positive. This will place many rituals in the sphere of scrutiny. The SC has upheld people’s faith many a time over the legal provisions.

The legislature can pass any law and it can be challenged in court also, but this will create too many unnecessary problems.”

Source: Pune Mirror

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