In a significant development, the Gujarat government, recently informed the High Court that it has enacted a fresh legislation to eradicate “human sacrifice and other inhuman, evil, and aghori practices” to save its citizens. A law, by name ‘The Gujarat Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil, and Aghori Practices Act’, was gazetted on September 2.
The Gujarat High Court took note of this development and disposed of a PIL that brought to the fore “unlawful and inhuman practices” in the state. The PIL had said that people were being victimized by practices such as aghori witchcraft and tantrik rituals, after which the court asked the state government to adequately publicize the new legislation.
Such practices, in the absence of a relevant law to tackle them, had been highlighted by Chief Justice Sunita Agarwal and Justice Pranav Trivedi while passing the order. In the meantime, the bench had asked the Additional Chief Secretary, Home, Government of Gujarat, to reply to that regard. Pursuant to which, during the subsequent hearing, the lawyer for the State GH Virk told that the new law has been enacted as per the requirement issued by the court.
The operative direction was to frame and issue rules for implementing the Act under Section 11 without further delay. It also ordered that the provisions of the Act were to be adequately publicized through various media so that the people of the state are made aware of it. It hoped that with that, the Act would be implemented in its real meaning and content. The court also thanked the PIL petitioners and their counsel advocate Harsh K Raval for bringing the issue to the forefront.
Raval was also appreciative of the apex court and even the government, though the court rightfully declared that the credit for projecting the issue at the national forefront actually goes to Raval and the petitioners themselves.
PIL has been filed by a registered public trust namely, Akhil Bhartiya Andhashraddha Nirmool Samiti and Ashwinkumar Navalchand Karia, apprehending the prevalence of “unlawful tantrik activities” in the State of Gujarat. The applicants-accused placed heavy reliance on a number of incidents where fraudsters, claiming themselves to be Godmen, aghori, etc., were performing sacrificial ritual with small new-born children and females.
The petitioners had informed these activities to various state officials and argued that other states like Maharashtra, Karnataka, Orissa, Rajasthan, Chhattisgarh, and Assam have similar laws. They said the inaction on the part of the Gujarat government is amounting to violation of fundamental rights under the Indian Constitution including right to equality, freedom of speech, personal liberty and freedom of religion.
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