Legitimate religious practices not penalised by Black Magic Act: Bombay HC

MUMBAI: The 'Black Magic Act' of Maharashtra is meant to curb harmful practices but does not prohibit "legitimate religious practices", the Bombay High Court has said while upholding the discharge of a self-styled godman from a criminal case.
Gujarat-based Ramesh Modak alias Shivkrupanand Swami, accused of promoting black magic through his sermons, was discharged by a lower court, following which the complainant challenged the decision in the high court.
Justice R N Laddha on April 2 refused to interfere with the lower court's order and said it had been passed after considering all material facts. The Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013, was meant to curb harmful practices, but it did not apply to legitimate religious teachings, said the high court.
"The Black Magic Act was enacted to curb harmful practices that posed serious risk to individuals and society, including human sacrifices, fraudulent rituals, and psychological exploitation; and explicitly excludes legitimate religious practices, the sharing of traditional knowledge, and cultural or artistic expressions," the high court said.
The complainant voluntarily attended the seminars where a CD, allegedly produced by the accused, was played, and it was an undisputed fact that Modak had not organised these seminars, the HC said.
Pune resident Rohan Kulkarni had in his 2014 complaint accused Modak and his associate Narendra Patil of cheating him through workshops falsely promising spiritual guidance and career success. Modak promoted black magic and inhuman rituals through pre-recorded video seminars, he alleged.
As per Kulkarni, he attended a workshop in 2012 where Modak claimed to have supernatural abilities. Persuaded, he traveled to Navsari, Gujarat, to meet him, but was denied a personal meeting.
In 2013, he attended another Pune workshop, where Modak allegedly communicated through his "subtle body" while a CD of his discourse, sold for Rs 250, was advertised as "blessed."
Kulkarni later did a 45-day meditation course which he claimed caused him mental and physical distress. The trial court discharged Modak from the case in 2020, ruling that the allegations did not constitute an offense under the Act.