Advertisement of
items, claiming miraculous or supernatural powers via television is illegal
-Bombay High court
A petition was filed for prevention of the telecast of advertisement
on TV channels by which there was propagation
for sales of item claiming miraculous or supernatural powers, articles
like Hanuman Chalisa Yantra. Bombay High Court
Bans Propagation for Sales of Item Claiming Miraculous or Supernatural Powers via
Television Advertisement ON 6 Jan 2021 in an important
ruling, the Bombay High Court on 05th January held
that the sale of items, claiming that they possess miraculous or supernatural
powers via television advertisement is illegal.
Bombay High Court comprising bench
of Justice Tanaji Nalawade and Justice Mukund Sewlikar 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.
Court's
Observations
·
Extracting money through false advertisements from the
people by selling articles like Hanuman Chalisa Yantra, which is like a
pendant, can be covered under Section 3 of the Black Magic Act
Section 3 (1)
of Black Magic Act
“No
person shall either himself or through any other person commit, promote,
propagate or practice or cause to promote, propagate or practice human
sacrifice and other inhuman, evil and aghori practices and black magic mentioned
or described in the Act”
·
The seller couldn't prove that Yantra really has the
properties or qualities as stated in advertisement
·
The seller has
wrongly claimed that after achieving Siddhi, special power, the 'Baba' has
created Yantra and it leads to inference that the seller claims that the
Baba has power of 'black' magic.
·
Section 3(2) of the Act shows that abetment of such
propaganda is also an offence.In this background, the Court held TV
channels, which telecast such advertisement also liable under Section 3 of the
Black Magic Act
·
Due to this superstitious approach all categories of
persons , rich and poor, educated and uneducated are being exploited by
so-called Babas by selling articles in the name of Yantra, Ganda etc T.V Channels have duty to
develop scientific temper
·
Court Ordered the State Government to see that the
telecast of such advertisement on TV channels is stopped
immediately Telemart Shopping Network Pvt. Ltd.,/Seller giving this kind
of acts would amount to cheating , need to be prevented.
Ref. –High Court of Bombay Cr Writ
Petition 469 of 2015.
Rajendra v. UOI and others ,Decided on 05th January2020
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