---
title: "Superstition in India"
chunk: 5/5
source: "https://en.wikipedia.org/wiki/Superstition_in_India"
category: "reference"
tags: "science, encyclopedia"
date_saved: "2026-05-05T03:09:44.122700+00:00"
instance: "kb-cron"
---

=== Article 51 A (h), Constitution of India ===
The Article 51 A (h) of the Constitution of India, lists "to develop the scientific temper, humanism and the spirit of inquiry and reform" as a fundamental duty for every Indian citizen. Rationalist Narendra Nayak has argued the Article 51 A (h) is contrary to IPC 295A and the constitution should be held over to IPC 295A. There have been calls to implement this article more widely (e.g., 2011 Janhit Manch vs Union of India, Bombay High Court).

=== Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 ===

This act prohibits advertisements of magical remedies, like amulets or spells, for certain diseases.  The law lists 56 of these diseases. The law also curbs sales and promotion of so-called miracle drugs and cures. But, the law is rarely enforced and several such products are freely available to the public. The law is considered severely outdated as 14 of the diseases in the list are now curable, and newer diseases like AIDS are not on the list. Some advertisements of these categories are also known to appear on cable television channels without much repercussions. Proposed amendments to this law has also raised questions regarding the status of traditional medicine systems like Yoga and Ayurveda with respect to modern medicine.

=== Indian Penal Code, Section 295A ===

The Section 295A of the Indian Penal Code criminalises "deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs", it includes "words, either spoken or written, or by signs or by visible representations". The offence holds a maximum penalty of three years of prison. It has been argued that this law is unconstitutional under Article 19 (freedom of expression) in the past (e.g., 1957 Ramji Lal Modi vs State of Uttar Pradesh, Supreme Court). It has also been stated by rationalist Narendra Nayak and T. V. Venkateswaran of the Vigyan Prasar that IPC 295A is being used with a very wide definition to prosecute critics of religion, anti-superstition activists and rationalists.

=== Regional laws ===
The Prevention of Witch (Daain) Practices Act of 1999 outlaws witch-hunting in Bihar. It has also been adopted by the state of Jharkhand. It carries a sentence of 3 months for accusing a woman of being a witch and 6 months for causing any physical or mental harm. In 2005, Chhattisgarh passed the Tonahi Pratadna Nivaran Act. It holds a sentence of 3 years for accusing a woman of being a witch and 5 years for causing her physical harm. The upcoming Women (Prevention of Atrocities) Bill of 2012 in Rajasthan also covers witch-hunting. In December 2013, Odisha passed the Odisha Prevention of Witch-Hunting Bill which has a maximum penalty of seven years. Also in the same month, the Anti-Superstition and Black Magic Act was passed in Maharashtra.

== Lawsuits ==

=== 2001 P. M. Bhargava vs UGC, Andhra High Court ===
In 2001, following the UGC announcement of introducing astrology courses in universities, P.M. Bhargava, founder of Centre for Cellular and Molecular Biology and others, filed a petition in the Andhra Pradesh High Court against UGC. The court dismissed the case on 27 April 2001, stating that it has no expertise in the subject and thus it cannot interfere unless UGC has clearly violated a law.

=== 2004 P. M. Bhargava vs UGC, Supreme Court ===
In 2004, P.M. Bhargava and two other petitioners, filed a Special Leave Petition (SLP) in the Supreme Court of India challenging the UGC decision to introduce astrology in universities. It argued that astrology is considered a pseudoscience, several members of the Indian scientific community have opposed the move, and it would undermine India's scientific credibility. The Government of India responded by stating that the course was not compulsory, but optional and several western universities allow astrology as a course choice. It sought dismissal of the case stating that the petitioners' concerns were unfounded. The Supreme Court dismissed the case on 5 May 2004.

=== 2011 Janhit Manch vs Union of India, Bombay High Court ===
In 2010, Janhit Manch, a non-profit organisation, filed a Public Interest Litigation (PIL) in the Bombay High Court seeking legislation to make teaching of scientific temper in schools compulsory, under Article 51 A (h) of the Constitution using Article 226, which defines the powers of the High Courts. It also requested that a disclaimer be added to advertisements about astrology, Vaastu Shastra, Feng Shui, tarot cards etc., under The Drugs and Magical Remedies (Objectionable Advertisements) Act, 1954, stating that these are for entertainment only. On 3 February 2011, the Bombay High Court disposed the plea citing the 2004 Bhargava vs UGC, Supreme Court case. It further stated that Article 51 A (h) was too vague to be implemented using Article 266.

== See also ==
Anti-Superstition and Black Magic Act
Religion in India
Culture of India
Maharashtra Andhashraddha Nirmoolan Samiti

== References ==

== Further reading ==

Dr. Abraham Kovoor (2005). Begone Godmen. Jaico Publishing House. ISBN 978-8172243319.
Dr. Abraham Kovoor (2000). Gods, Demons & Spirits. Jaico Publishing House. ISBN 978-8172242169.
R. V. Kolhatkar. Vastu Nijaanijalu (Vaastu Myths) (in Telugu). Hyderabad Book Trust.
Varuna Verma (27 May 2012). "The God Busters". The Telegraph. India. Archived from the original on 30 May 2012.
Ashwaq Masoodi (23 February 2014). "Witch hunting: Victims of superstition". Live Mint.