Supreme Court says it cannot issue directions to eradicate superstition

The Supreme Court on Friday refused to entertain a plea by Bharatiya Janata Party (BJP) leader Ashwini Kumar Upadhyay to eradicate superstition and urge Indians to develop a scientific temper. [Ashwini Kumar Upadhyay v. Union of India and Ors].A Bench of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra said,"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 plea sought directions to the Union and State governments for steps to control superstition and sorcery. Further, it called for the development of scientific temper, humanism and the spirit of inquiry and reform as per Article 51A of the Constitution."A strict Anti-Superstition and Sorcery Law is urgently needed: (i) To do away with the unscientific acts prevalent in society that adversely impact the community; (ii) To provide a life of dignity to all the citizens particularly the SC-ST Community so that no one is looked upon on the mere belief of irrationality; (iii) To prevent any fake seers from exploiting innocent people (iv) To develop scientific temper, humanism and spirit of inquiry and reform; and, (v) To prevent the assassination of Social Activists like Dabholkar-Pansare," it stated..When the plea was taken up, the Court stressed that the Directive Principles of State Policy emphasise on development of a scientific temper, but questioned the judiciary's role in issuing such a directive. Upadhyay, however, urged indulgence, citing the mass suicide of 11 members of the Bhatia family and recent deaths in Hathras.The Court stressed that it could not issue a direction to increase scientific temper. Further, the Court clarified that Parliament can intervene and frame a law to inculcate scientific temper after wide stakeholder consultation, but the Court was singularly ill-equipped to handle the matter. Eventually, Upadhyay withdrew the plea.