Constitutional
& Legal Provisions of “Scientific Temper”
Our country is perhaps the only
nation in the world where building scientific temper is provided for in its
Constitution. Through 42nd Constitutional
Amendment Act, 1976 an Article
51 A was inserted making provisions for the
Fundamental Duties prescribed for the citizens of India. Article 51A (h) of the Constitution of India states:
51A. Fundamental duties.—it shall be the duty of every
citizen of India—
(h) To develop the
scientific temper, humanism and the spirit of inquiry and reform;
.The Fundamental Rights, Directive
Principles of State Policy and Fundamental Duties are sections of
the Constitution of India that prescribe the fundamental obligations of the
State to its citizens and the duties of the citizens to the State. These
sections comprise a constitutional bill of rights for government policy-making
and the behavior and conduct of citizens. These sections are considered vital
elements of the constitution, which was developed between 1947 and 1949 by the
Constituent Assembly of India.
The Fundamental Duties
are defined as the moral obligations of all citizens to help promote a spirit
of patriotism and to uphold the unity of India. These duties, set out in Part
IV–A of the Constitution, concern individuals and the nation. The duty to
promote scientific temper is one of them. Like the Directive Principles, they
are also not enforceable by law.
Legal provisions- There is no specific and particular national level
legislation that penalizes practices of superstition.
Maharashtrais an exception,“Maharashtra Prevention and Eradication of
Human sacrifice & other Inhuman, Evil and Aghori Practices & Black
Magic Act – 2013” has been enacted after a protracted struggle by
‘AndhashradhaNirmulanSamiti’ under the heroic leadership of Martyr Dr NP
Dabholkar.This act has a provision of imprisonment of 6 months to 7 years and
penalty of 5,000/ to 50,000/.Defaulting Officers are also punishable by 3
months imprisonment and fine. Under Sec-2 .All offences are cognizable and non-bail-able.
The cases of Witch hunting are registered under the Indian
Penal Code 1860 as an alternative for the victim u/s Sec.302,307, 323, 376 and
Sec.354.Apart from the provisions under Indian Penal Code different states have
come up with different laws.
- Bihar though being most backward was
the first state in India to pass a law against witch hunting in the year
1999, which was named “Prevention of Witch (Dayan) Practices Act.”
- Jharkhand followed it and established
“Anti Witchcraft Act” in 2001 to protect women from inhuman treatment as
well to provide victim legal recourse to abuse. Basically Section 3, 4, 5
and 6 of the concerned Act talks about the punishment which will be
granted if any one identify someone as witch, tries to cure the witch and
any damages caused to them. Whereas Section 7 states the procedure for
trial. It has failed to curb the incidents of witchcraft because
these laws have provision of imprisonment for three months and Rs.1,000
penalty only, which is inadequate with weak teeth to enforce the law.
- Chhattisgarh government passed a bill in
2005 named “Chhattisgarh Tonhi Pratadna Bill”, which was established to
prevent atrocities on women in name of Tonhi.
- Rajasthan government has also passed a
bill “Rajasthan Women (Prevention and Protection from Atrocities)” 2006.It
holds a sentence of 3 years for accusing a women of being a witch and 5
years for causing her physical harmand Rs 5000fine.
- .Odisha
passed
the Odisha Prevention of Witch-Hunting Bill-2013 which has a
maximum penalty of seven years.
- Some areas of
West Bengal where witch-hunting is prevalentlike Purulia, Bankura and
Birbhum. Still the state government has not framed separate legislation to
tackle it.
There is a need of national
legislation which will have a binding effect over all the states in prohibiting
it.
Section 51 A (h) of our constitution provides the basis for joint platforms
and active work together to promote the four attributesscientific temper, humanism and
the spirit of inquiry and reform;
mentioned therein. Indeed such joint work is essential for politically
isolating sectarian-exploitative religion and exorcising it from the mass
consciousness of the common people
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