Kolhapur Activists Take Legal Action to Enforce Anti-Superstition Law
In a significant move for social justice, progressive group activists from Kolhapur city have filed a public interest litigation (PIL) on April 6 at the Bombay High Court's Kolhapur bench. The petition seeks urgent directions to the Maharashtra state government to frame and notify crucial rules under Section 11 of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.
Key Demands in the PIL
The PIL outlines several critical demands aimed at strengthening the implementation of the anti-superstition legislation:
- Immediate Rule Framing: The petitioners argue that despite the Act being in force for 12 years, the state government has failed to establish the necessary rules for its effective enforcement, leaving the law "only on paper."
- Appointment of Vigilance Officers: The petition mandates the immediate appointment and specialized training of vigilance officers in every district. These officers would be specifically equipped to handle cases involving the sexual exploitation of women under the guise of spiritual rituals.
- Removal of Exploitative Content: The PIL seeks directions to delete videos featuring various women and girls with Ashok Kharat from all social media platforms, addressing digital exploitation linked to superstitious practices.
Legal and Social Context
The petition highlights that the absence of proper rules denies victims access to justice and effective remedies. As stated in the PIL, "The rules, which are teeth for the implementation, are missing," rendering the Act ineffective. Section 11 of the 2013 Act explicitly requires the social justice department to frame and notify these rules, while Section 5 mandates the appointment of vigilance officers and the establishment of functional anti-superstition cells at every police station.
The PIL has named the Maharashtra government, the law and judiciary department, and the director general of police as respondents, holding them jointly and collectively responsible for decisions on law implementation and rule framing. The petitioners have also sought interim relief, requesting the court to establish standard operating procedures (SOPs) and issue guidelines until the PIL is fully disposed.
Historical Background and Petitioner Details
This Act was passed following the tragic assassination of anti-superstition activist Narendra Dabholkar, who championed its cause. The petitioners, including Seema Ramdas Patil, Abhishek Mithari, Pramodini Pramod Pungavkar, and others, are activists from Kolhapur. Their legal representative, lawyer Asim Sarode, emphasized that the state must proactively implement socially driven Acts, noting that without rules, the law's provisions are "mere dead words" and have enabled exploitation by figures like Ashok Kharat.
The PIL is scheduled for hearing before a division bench comprising Justice Madhav Jamdar and Pravin Patil on April 20. This case follows a March 30 report by TOI titled 'Anti-Superstition Act in Place, But Rules Still In The Making,' underscoring the longstanding delay in rule formulation.
