Witch-Hunting in India

Profile of the Author: Arpita Prakash is a 2nd year Law student pursuing B.A. LL.B (Hons) from University Law College, Gauhati University.

Introduction

The practice of witch-hunting has been haunting mankind since ages. We find its reference even in the life-events of Jesus Christ, which implies that in the west too, the practice was quite prevalent. Even in this economical and educational developing stage, superstition has still booked a place in people’s lives and minds. In India, certain people still trust Ojhas in many things. Witch-hunting is still practised in many states in India by people owing to superstition beliefs. The National Crime Record Bureau (NCRB) recorded 2391 murders or culpable homicides between the years 1999 and 2013 by witch-hunting in India. According to NCRB, Andhra Pradesh, Jharkhand, and Odisha are among the worst hits with 400 deaths in the past 15 years. There is no exact date of origin of witch-hunting in India, but it is said that the practice started hundred years ago in Morigaon District of Assam, it is also called “The Indian Capital of Black Magic”. The practice is customary in India, and in rural areas as it is isolated, especially among the tribal population.

Meaning of Witch-Hunt and Witchcraft

The term witchcraft comes from two words ‘wicce’ which means witch and ‘craft’ which means skill or ability. Witchcraft is a practice and belief in magical abilities and the one who professes witchcraft is called witch or wizard. Earlier the midwives were accused of witchcraft and were coerced to admit. The women branded as witches by community people are hounded, banished, flogged, raped, etc, and are called names like Dayan, Dakan, Tonahi, etc. they are physically and verbally abused by the people.[1]

A witch-hunt or a witch purge is a search for people who have been labelled "witches" or a search for evidence of witchcraft, and it often involves a moral panic or mass hysteria.

Relevant Case Laws

In Madhu Munda v. the State of Bihar, Madhu was reported missing after being dragged out of the house by some people. The FIR was filed, 8 days later she was found, and she stated that those people threw her in a ditch where she fell unconscious. She then went to her brother’s house after regaining consciousness. The accused was not convicted due to unreliable testimony of the witness.

In another case, Tula Devi and others v. the State of Jharkhand, on the morning of 8/9/2003, around 10 armed people with sticks entered in the complainant’s house, they abused and assaulted her by calling and addressing her as Dayan since last 2 years and threatened her to leave the place. Her husband tried to rescue her but he was also assaulted. Some partition suit was also going on and the woman was accused of being a witch to put pressure on them. However, the case was dismissed on the ground of lack of eyewitnesses.

Legal Remedies

Different states have different laws in this regard.

1. In Assam, there is the Witch Hunting (Prohibition, Prevention and Protection) Act, 2015. The act classifies the offence non-bailable, non-cognizable, and non-compoundable offence, with up to seven years imprisonment and a fine up to 5 lakhs.
2. In Bihar, The Prevention of Witch (Daain) Practices Act, 1999. It was followed by Jharkhand, Odisha, Chattisgarh, and Rajasthan.
3. In Odisha, The Odisha Prevention of Witch Hunting Act, 2013.
4. In Chhattisgarh, Chhattisgarh Tonahi Pratadna Nivaran Act, 2005.
5. In Jharkhand, The Prevention of Witch (Daain)Practices Act, 2001
6. In Maharashtra, The Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori practices and black magic Act, 2013.
7. In Karnataka, The Karnataka Prevention and Eradication of Inhuman Evil practices and black magic Act, 2017.
8. In Rajasthan, The Rajasthan Prevention of Witch Hunting Act, 2015.

Other than the above-mentioned acts for different states, there also some sections to prevent witch-hunting on the national level, they are-

1. Constitution of India- Article 14, 15(3), 15(4), 21, 51, 51A(h).
2. Drugs and Magic Remedies (objectionable advertisements) Act, 1954.
3. Protection of Human Rights Act, 1993.
4. Scheduled castes and Scheduled Tribes (Prevention of atrocities) Act 1989.
5. Indian to woman Penal Code- Section 302 (Murder), Sec 299 (Culpable homicide), Sec 354 (Assault or criminal force with intent to outrage her modesty), Sec 375 (Rape).

Conclusion

A person branded as a witch is as ridiculous as a person being judged because of their looks. The question still arises that in this era of scientific, economic, and educational development, who is anyone to label or judge the other person. In this era, where we talk about women’s development, women empowerment, and equality of gender i.e. feminism, how it is justified to label someone as socially less or unacceptable. Thousands of women, men, and children have been tortured to death every year and the increase in cases proves that implementation of laws and efforts of related NGOs are not enough, until people change their mindset. The more such cases increase every year, the more backward the society goes.

Disclaimer: This article is an original submission of the Author. Niti Manthan does not hold any liability arising out of this article. Kindly refer to our Terms of use or write to us in case of any concerns.

FAQs

Q. How rampant is the death of women due to such accusations of being a witch?

Ans. On an average, an Indian woman is “killed every other day after being accused of witchcraft, according to government statistics”

References

[1] https://blog.ipleaders.in/witch-hunting-attacks-in-india/