Supreme Court declined to entertain a petition urging the central and state governments to tackle the issues of superstition and sorcery. Chief Justice of India Dhananjaya Y Chandrachud, leading the bench, acknowledged the gravity of the problem but declared it “not judicially manageable.”
He emphasized that the judiciary cannot resolve all societal issues, highlighting the role of education in promoting rational thinking.
Justices JB Pardiwala and Manoj Misra, also on the bench, supported this view, stating that civil society and government are responsible for addressing such concerns. They pointed out that courts have limitations and cannot address every severe issue.
The bench underscored that the legislature should handle such social problems, noting that if a law is necessary, Parliament should create it. Petitioner advocate Ashwini Kumar Upadhyay argued that harmful, unscientific practices exploit vulnerable communities and called for a strict anti-superstition law. He cited Article 51A of the Constitution, which mandates the development of scientific temper and inquiry.
The petition, filed through advocate Ashwani Kumar Dubey, argued that the government’s failure to curb these practices violates fundamental rights under Articles 14, 21, and 25, covering equality, life and personal liberty, and freedom of religion. It suggested forming an expert committee to consider criminalizing superstition and sorcery.
The bench concluded that addressing superstition requires education, societal reform, and appropriate legislation, leaving it to Parliament to determine the need for such a law.
