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It is illegal to advertise/sell products saying they have magical or spiritual properties: Bombay High Court

Dated: January 06, 2021

                                                                                                                                                           - By Megha Bhatia

On January 6, 2021 the Aurangabad Bench of the Bombay High Court held that it is illegal to sell any article by advertising it as miraculous and supernatural [Rajendra Ambhore v. Union of India]. 

The Court also held that, under the Black Magic Act, television channels that broadcast such advertisements would be responsible.

Therefore, the court issued instructions to the State and Central Government to ensure the penalization of such advertisements. 

In a plea lodged by one Rajendra Ambhore seeking relief to prevent advertisements on TV channels from promoting the sale of articles such as the Hanuman Chalisa Yantra, the Bench of Justices TV Nalawade and MG Sewlikar passed the order.

The Court declared in its order, “The propagation for sale by advertisement of any article by giving it name as Yantra or otherwise, by attaching the name of any God to such article including the name of Lord Hanuman or any Baba with representation that these articles have special, miraculous and supernatural properties/qualities and making representation that these articles will help human being to become happy, to make progress in business, to make progress in profession, to make advancement in career, to make improvement in performance in education, to get recovery from any disease etc., is illegal.”

It added that even “telecast of advertisement, which propagates such articles is also illegal.”

Through the prism of provisions of the Maharashtra Prevention and Eradication of Human Sacrifices and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013, the Court examined the case.

On perusal of the Black Magic Act, the Court held, “The definition of propagation, quoted already, shows that advertisement of present nature is covered by the definition. Section 3 of the Black Magic Act prohibits not only commission of act of black magic, evil practices etc., but also propagation, promotion of such practices and magic. Section 3(2) of this Act shows that abetment of such propaganda is also an offence. Thus, TV channels, which telecast such advertisement also become liable under Section 3 of the Black Magic Act.”

The Bench expected that businesses such as the respondent - Telemart Shopping Network Pvt. Ltd.- can change the name of the company/name of God/name of Baba to continue its business if they areonly forbidden to sell such products under one specific name.

Hence, the Court deemed it necessary to cover the activities of all such individuals, including propaganda and selling of such articles through this judgement.

The Court issued the following guidelines in order to ensure that the prevention of the prohibited act becomes effective: 

(a)Under the Act of 2013, state government and vigilance officers can record crimes by reporting against individuals making such advertisements.

(b)In order to ensure that no such ads are broadcast under different names, the state and central government should have cells and, if so, avoid them immediately by invoking the Cable Television Networks (Regulation) Act, 1995. 

(c)In the absence of such an authority, they were granted one month to designate such an authority by invoking the provisions of the 2013 Act.

(d)By holding them responsible for telecasting such ads, the Court also brought the TV channels under the radar. 

As Ambhore came across the Hanuman Chalisa Yantra commercial on TV channels, the plea was filed in 2015. It was his point that the same thing amounted to false advertising and was created to harass those who are superstitious in nature.

Ambhore addressed representations monitoring such ads to the Prime Minister, Chief Minister and Central Government authorities. He approached the police, too. However, when no steps were taken to stop such ads, he was compelled to file the current proceedings.

The plea was requested to be withdrawn by Ambhore in 2018, but because the subject-matter of the plea usually concerned public interest, withdrawal was not permitted. 

The Court went a step forward to nominate as Amicus Curiae Senior Advocate VD Sapkal in the case, who prosecuted the case and even waived his fees.

The Court observed that a progressive and reformist state such as Maharashtra was required to enact the 2013 Act, despite having reformists like Mahatma Phule and Dr. Babasaheb Ambedkar, who worked to eradicate evil practises and spread knowledge against superstition.

“It can be said that at least basic education is available to everybody in this State. Though these things are there, the scientific temper and the spirit of inquiry and reform are not yet developed. Even many educated and highly educated persons get attracted to the things like mantra-tantra, black magic. Due to this superstitious approach of rich and poor, the educated and uneducated persons they are being exploited by so-called Babas by selling articles by giving them names like Yantra, Ganda etc.”

It came to the conclusion that the Yantra commercial was aimed at manipulating individuals who feel that “they are in trouble and they need some kind of help which may be of supernatural nature.”  Several actors were also working in the commercial to demonstrate the “miracles.”

The Court has now asked the State and Central Government, within 30 days, to notify it of the measures it has taken to enforce the directions it has given.