Supreme Court Rejects Petition to Eradicate Superstition, Emphasizes Legislative Responsibility
The Supreme Court on Friday dismissed a plea by BJP leader Ashwini Kumar Upadhyay seeking judicial directives to eliminate superstition and promote scientific temper among Indians. The plea, [Ashwini Kumar Upadhyay v. Union of India and Ors], requested the Court to direct the Union and State governments to implement measures to curb superstition, promote humanism, and ensure dignity for marginalized communities, as per Article 51A of the Constitution.
A Bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra criticized the approach, stating, “You do not become a social reformer by just moving the court, Mr. Upadhyay. Many social reformers have never approached court. We have to work within the fold of the law.”
Upadhyay’s petition argued for a strict Anti-Superstition and Sorcery Law to address unscientific practices, prevent exploitation by fraudulent seers, and develop a scientific temper and spirit of inquiry. He also referenced recent tragic incidents, such as the mass suicide of 11 Bhatia family members and deaths in Hathras, to underscore the urgency of the issue.
The Court noted that while the Directive Principles of State Policy advocate for the development of scientific temper, it is beyond its purview to issue such directives. Instead, the Court emphasized that Parliament should consider enacting legislation after consulting relevant stakeholders. Consequently, Upadhyay withdrew his plea, acknowledging the Court’s stance on the matter.
(With inputs from agency)
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