Recently, the Aurangabad bench of the Bombay High Court has declared that advertisement of any article using the name of any God and claiming that it has supernatural qualities, is “illegal” and falls under the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act.
The petition sought prevention of the telecast of advertisement on TV channels by which there was promotion of sale of articles like Hanuman Chalisa Yantra.
The Petitioner, through his plea, stated that he came across advertisements on TV channels which were propagating that there were special, miraculous and supernatural properties/qualities in Hanuman Chalisa Yantra, which the advertiser was selling.
It was contended in the petition that there was a false propaganda that the Yantra was prepared by one Baba Mangalnath, who had achieved Siddhi (ability to do anything).
The bench held that the TV channel, telecasting such advertisement, would be liable under the provisions of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.
The court observed that the objectives quoted in the Black Magic Act can be achieved mainly through education. Section 3 of the Black Magic Act prohibits not only commission of acts of black magic, evil practices but also propagation and promotion of such practices and magic. Section 3(2) of the Act provides that abetment of such propaganda is also an offence.
Quoting the fundamental duty to develop the scientific temper, humanism and the spirit of inquiry, the Court said that the reformists like Mahatma Phule and Babasaheb Ambedkar who worked to remove evil practices and spread awareness against superstition, were born on this soil.
The propagation for sale by advertisement of any article by giving it name as Yantra or otherwise, by attaching the name of any God to such article is illegal.
The representation of products having special, miraculous and supernatural properties/qualities is illegal and such propagation, advertisement falls under Section 3 of the Maharashtra Black Magic Act, 2013.
The State and the Vigilance Officers appointed under the Maharashtra Black Magic Act, 2013, have been directed to register crimes by giving reports against the persons, who are making such advertisement and who are selling such articles.
The State Government has also been directed to see that the telecast of such advertisement on TV channels is stopped immediately in coordination with the authority created by the Central Government under the Cable Television Networks (Regulation) Act, 1995.
