What is Assam's law on healing, and why can it be deficient? Let’s learn more!

It was declared more than a year ago that the Assam Healing (Prevention of Evil) Practices Act, 2024, would "eradicate non-scientific healing practices…[used for] exploiting the innocent people…and undermining the fibre of the public health of society."

The law categorizes "any act of healing practices and magic healing...with a nefarious aim to exploit common people" as "evil practices."

"A traditional holistic approach to heal body, mind, and spirit…with traditional medicine and art, including any system, treatment, diagnosis, or practice for ascertainment, cure, relief, correction of any human disease, ailment, deformity, injury, or enhancement of a condition or appearance" is a general description of "healing and healing practices."

The shortcomings of the Assam Act

Whole traditional medical systems can be included under the Act's very broad definition of healing, which may have been intended to protect practitioners from legal objections.

These include Ayurveda, Siddha, and Unani, which are categorized as "Ayush" (together with yoga, naturopathy, sowa rigpa, and homoeopathy) and promoted by the central government's Ministry of Ayush.

The Act does not clearly distinguish between religion and superstition. The use of ambiguous terms like as "ulterior/sinister motive" for a healer raises questions about the intent of the law.

If the legislation does not provide protections for religious rites, it may violate the fundamental right to exercise one's religion. The state can now criminalize activities like praying for the sick and performing ritual healing procedures that have historically been fundamental to worship in many cultures.

The history of the law

In early February 2024, Assamese Chief Minister Himanta Biswa Sarma announced that his government wanted to curb evangelism and that it was essential to ban practices like as healing.

In response, the Assam Christian Forum said that calling prayer magical healing oversimplified the deep spiritual aspects of faith and life and denied that healing was being utilized for proselytization.

Badruddin Ajmal, the leader of the opposition All India United Democratic Front (AIUDF), was threatened by the Chief Minister that he would be jailed if he participated in healing techniques following the passage of the Bill in the Assembly.

The Chief Minister stated that only healing practices that were performed with hidden agendas will be addressed during the Assembly debate when the opposition brought up the possible effect of the law on tribal customs.

Although "ulterior motives" are not defined by the law, it is likely that they pertain to religious conversion given the CM's claims that the goal is to stop religious conversion through "magic healing."People seek help from traditional healers out of need as well as ignorance and superstition.

Access to healthcare is restricted in many areas of Assam (and India), and there are frequently insufficiently qualified medical professionals to meet the needs of the populace. Outside of urban areas, the situation is particularly dire.

Additionally, medical treatments can be costly and involve long-term costs, particularly for serious or chronic disorders. This discourages people from obtaining professional healthcare.

A number of concerns regarding the state's involvement in policing conventional and religious healing methods are brought up by the Assam Healing (Prevention of Evil) Practices Act, 2024.

The state has a right to protect people from harmful or exploitative practices. For instance, the rationalist Maharashtra Andhashraddha Nirmulan Samiti led a movement to combat the caste system, eradicate superstition, and instill a scientific mindset, which resulted in the Maharashtra law.