The Obeah Act, is it time for it to be repealed?

When one hears the word "obeah", one often connotes it with something negative- evil, foreboding, and black magic. However in Jamaica the practice of Obeah is one that is acknowledged as existing somewhat peacefully, and if one simply doesn’t believe in the power of Obeah it is ignored, similar to how other activity deemed illegal by the state is ignored- such as Prostitution on Back Road, paying representatives of government agencies “a ting” to speed up processes, or buying a drivers licence---We know it is practiced in Jamaica, but we choose to ignore the red flags when we drive pass the homes, and the ads in some of our less reputable print media.

According to the Obeah Act, Section 2-

“A person practicing obeah” means any person who, to effect any fraudulent or unlawful            purpose, or for gain, or for the purpose of frightening any person, uses, or pretends to use any         occult means, or pretends to possess any supernatural power or knowledge;

This definition alone presupposes that a person cannot possess any supernatural power or knowledge.

Jamaica is not a Theocracy,  and the manner in which the definitions and offences are couched gives the impression that an offence is not being committed  against man,  but against a supreme being- and only a Supreme Being would have certain powers.

Persons who believe in the power of Obeah treat it similar to a religion where there is a person who can be compared to a Pastor in the Christian faith who has a connection with a higher entity, and is able to intercede on their behalf.

Obeah men or women claim to be able to cure persons of different maladies, use concoctions to bring, wealth, happiness, success and prosperity to individuals, on the positive side, while they claim to be able to rain down fire and brimstone as punishment of the heads of unwitting individuals who have allegedly wronged their fellow man.

Belief kills and Belief cures, so why should one belief be given precedence over another due to Christianity being an established religion with centuries under its belt, vs Obeah which is relatively recent in comparison is good enough of a reason? Is it that one belief is so steeped in Afrocentric traditions, stemming from our history of slavery, and as such it is deemed inferior to Eurocentric religions and their traditions?

What is interesting is certain denominations in Christianity  engage in practices such as anointing with olive oil and other concoctions- healing water, different rituals, use of flowers and other things which are said to have powers.  Grape fruit and cream soda is said to work wonders for some of those practicing  the Christian faith. 

A person practicing obeah” means any person who, to effect any fraudulent or unlawful purpose, or for gain, or for the purpose of frightening any person

How can you prove intent????? How does a Judge determine a fraudulent purpose? I guess working a spell to aid in the commission of an offence once admitted , is straight forward. A person practicing Obeah for gain, can be akin to some Pastors asking for offering during their services and churches being registered as Private businesses. Not everyone ascribes to the Christian belief but does that make what Christians believe less real to them? I think the same leverage should be afforded to those who have alternate beliefs.

There are provisions in Jamaica's Charter of Fundamental Rights 2011 which guarantee religious freedom which includes the right to freedom of expression, thought, conscience and belief, and also the freedom to peaceful assembly and association.
The rights are designed to protect persons whether we agree with them or not, and as such I call for the repeal of the Obeah Act in 2017.