TV channels airing ads promoting superstition liable to face action: Bombay HC

The bench was hearing a petition complaining about advertisements being telecast on several channels that promoted certain “yantras” in the names of gods and godmen

Stating that television channels that telecast advertisements promoting superstitious material are liable to face action, the Aurangabad bench of the Bombay high court on Tuesday directed the Maharashtra government to register offences against four TV channels for telecasting an advertisement promoting “Hanuman chalisa yantra.”

Representational image.

The division bench of justices TV Nalawade and MG Sewlikar declared that telecasting such advertisements was illegal and punishable under provisions of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.

The bench said Section 3 of the Black Magic Act prohibits not only the act of black magic, evil practices, etc., but also propagation and promotion of such practices and magic. Under Section 3(2) of the Act, abetment of such activities is also an offence. “Thus, TV channels, which telecast advertisements (promoting superstitious material) also become liable under Section 3 of the Black Magic Act,” said the bench.

The bench was hearing a petition filed by Rajendra Ambhore, a teacher from Aurangabad, complaining about advertisements being telecast on several channels that promoted certain “yantras” in the names of gods and godmen, luring people to buy articles claiming that they possessed miraculous supernatural powers and helped people get rid of almost all kinds of problems and fulfil their wishes.

Ambhore claimed that in March 2015 he came across advertisements promoting “Hanuman chalisa yantra” on at least four channels and sought action against not just the advertisers, but also the TV channels and the actors who supported the purportedly false claims by stating that they had experienced the supernatural powers of the “yantras.”

The advertiser, Telemart Shopping Network Pvt. Ltd., had responded to the petition contending that the rituals mentioned in their pamphlet were routine Hindu Vedic practices and could not be termed as black magic practices; in any case, the firm claimed, the petitioner purchased one “yantra” and immediately sent representations to various central and state authorities because he was not satisfied with the product.

The argument, however, failed to impress the bench. The bench analysed the provisions of the Black Magic Act and declared that not only the advertisers of such products, but the channels telecasting the advertisements were liable to face action under provisions if the Black Magic Act.

Taking due note of the fact that unsuspecting people fall prey to such false advertisements, the high court has also directed the state government to create a special cell at the state level to stop such advertisements, if they are aired on any channel and also to ensure that no such advertisements are telecast on TV

In the course of the judgment, the bench also expressed anguish over the fact that though basic education is available to everybody in Maharashtra, people’s scientific temper and spirit of inquiry and reforms are not yet developed.

“Even highly educated persons get attracted to things like mantra-tantra, black magic. Due to this superstitious approach of the rich and poor, educated and uneducated persons they are being exploited by so-called babas,” said the bench, adding that because of this, the Black Magic Act was required to be enacted in a state like Maharashtra, which is considered to be a progressive state and a state of reformists.