ABOLOTION OF WITCH-HUNTING: IS AN INDIA FREE OF WITCH-HUNTS POSSIBLE?
Authored By - Anusua Mondal
Amity University Kolkata
B.A.,LL.B(H) 5TH YEAR
Abstract
Most of us believe in this common superstition that a black cat crossing the road brings bad luck. But if we follow the saying of Groucho Marx, the whole idea of criticizing a tiny animal changes : “If a black cat crosses your path, it signifies that the animal is going somewhere” Even after being in the 21st Century, we find cases of witch hunts taking places across the country. The incidents of witch hunting in India are quite a common phenomenon mostly in the rural areas. Due to the increased rate in illiteracy and lack of awareness, people residing in the backward areas are still having beliefs in immaterial and superstitious world of black magic and ghosts. This article critically analyses why modern day witch hunt still exist today? Incidents of witch-hunting gets influenced by elements like patriarchy, superstition and socio-economic conditions. It is only because of the superstitious beliefs in the malevolent witchcraft that many people gets tortured and at times such brutal acts results in death. According to India’s National Crime Records Bureau, between 2000 and 2021 more than 3500 Indians were hunted, tortured and slain in witch hunts, most of whom were women. Since most state governments does not classify witchcraft as a murder motive, activists and journalists believe the number of witch hunts might be substantially higher. Witch hunts mainly target women, taking advantage of India’s patriarchal society and caste system.
Keyword: Superstition, witch hunting, black magic, patriarchy, caste, government, murders, illiteracy.
Introduction
In India, Witch-Hunting has a deep rooted history. Witch-Hunting, popularly known as Dayan Pratha is a superstitious practice in India, where women are considered of acquiring supernatural powers and indulged in evil practices. This concept has its traces in the past, may it be primitive, medieval or the modern age, the concept of witchcraft and the incidence of witch-hunting has been witnessed. It is a wicked practice where the women alleged of causing detrimental influences are termed as witches by Ojhas or community people and are thereafter, hounded, banished, flogged, raped, paraded naked through the village, forced to eat human excreta, bladed, thrashed etc. Thus it is quite relevant that witch-hunting involves both physical and verbal abuse. Sometimes witch-hunting is used as a tool for vengeance and to target political parties. Even in today’s date, witch-hunting are prominent in many Indian states such as Assam, Bihar, Chhattisgarh, Gujarat, Haryana, Jharkhand, Madhya Pradesh, Maharashtra, Orissa, Rajasthan, Uttar Pradesh and West Bengal.
Witch-hunts are not a result of superstition alone. Another form of witch-hunting has made itself apparent which involves trolling, harassment and abuse. In the age of social media, hate campaigns against specific communities are very much common. In 2020, one such campaign was launched against a Bengali women following the death of the Bollywood actor Sushant Singh. The women was accused of witchcraft and subjected to media trials. She had to face excessive incidents of harassment and online abuse[1].
How can India be a country free of witch-hunts when such incidents continue to take place even in today’s generation? The Prevention of Witch Practices Act authorizes the states to prosecute people who label women as witches. But this has not proven to be a sufficient deterrent in certain states. In order to punish a person for practicing witch hunting, the court needs evidence. In case of a socially manifested crime, people remain silent out of fear. Hence, neither any evidence is gathered nor justice is achieved. Due to societal pressure, only a few incidents of witch hunting are reported that too after a long gap. This makes the witness testimony unreliable, a ground for not convicting the accused.
In last 15 years, approximately 2,500 women were killed in the name of witch-hunting as per Human Rights Committee Report. It was previously seen that witch hunting is only associated to women until in 2013 the Orissa police reported a case where a boy was killed with the acquisition of practicing witchcraft. Statistics also display a case of 2011 where a girl was raped in Assam in the name of witch-hunting. According to the latest NCRB data, 15 women were murdered on allegations of witchcraft in 2020. Jharkhand, Chhattisgarh, Madhya Pradesh and Orissa recorded 88 murders attributed to witch-hunting.
In our present day society, the practice of witch-hunting is a blot. Even though the country is walking on the path of advancement but still in many parts of the country the basic right to a decent life is denied to people. In order to make a India free of witch-hunts the states need to take effective measures to eradicate poverty, ensure better living standards, public health, educational facilities, infrastructural facilities in the isolated areas and villages.
Reasons for Prevalence of Witch-Hunting in India
in the 21st Century
Witch-hunting is stigmatization of specific communities, which mostly involves widowed women, women who are childless and women of lower caste. It has been witnessed in the tribal and rural areas of the country that if there is an occurrence of wild spread diseases or famine that causes death of humans and animals, the allegations for witch craft develops on the most vulnerable people of the society. People who considers women as witches, capitalize on deeply rooted superstitions and systems built on misogyny and patriarchy to blame females. These people are of beliefs that witches possess magical powers which they uses to attack humans, destroy crops, cause harm to animals, influence body and mind of others. The violence have been exacerbated due to lack of education, awareness literacy and the prevalence of caste system. People in far flung isolated areas with minimum or no educational facilities blame women for the unfortunate happenings when they fail to explain the reason behind it. Lack of national legislation, lack of evidence and issuing of report, ineffective implementation of established rules are other reasons that are responsible for the prevalence of witch-hunting even/ in today’s generation. Witch hunts and beatings often provide an outlet for men who are living in poverty, to vent frustrations over their own lack of power, especially in the rural communities who are so marginalized and oppressed with no avenues of protest. In the isolated areas, women who are alone and own land are at greater risk of randomly being accused of witch craft especially if someone wants to covet that land.[2]
Since there is no specific national legislation in India for the prevention of witch-hunting, the crime is increasing at a greater rate in the isolated areas. Hence, there is an urgent need of proper legislation to eradicate this heinous practice from our society. The reason for prevalence of witch-hunting and still taking the lives of innocent women or leaving them in a traumatized condition after the severe mental torture is that the laws talk only about the legal aspect of the problem without having an in-depth investigation. The legislations are very much inadequate in covering the entire range of inhuman actions that are associated with witch-hunting.
Legislative Approach to Witch-Hunting
Witch Hunting violates Articles 14, 15(3), 15(4), 21, 51, 51A of the Indian Constitution. As there is no specific national level legislation that penalizes witch hunting therefore the provisions under Indian Penal Code 1860 are used as an alternative for the victim. The various sections that are invoked in such cases are :
Different states have come up with different legislations to tackle the problem of witch hunting.
Section 3,4,5 and 6 of the Act states about the punishment which will be granted if any person considers someone as witch, tries to cure the witch and if any damage is caused to them. Section 7 of the Act mentions about the procedure for trial.
The punishment for provoking a person to commit suicide after intimidating, stigmatizing, defaming and accusing her as witch, may result to life imprisonment along with a fine of Rs.5 lakh.
Role of NGOs and Social Activists
Apart from the several legislative approaches, there are other established bodies that aims at preventing witch-hunting to promote protection to women as well as to ensure the rights of the women are not violated. In 1993, India signed the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) to eliminate discrimination and social cruelty against women.[3]
Steps for Making an India Free of Witch-Hunting
Witch-hunting is such a peril in the society that needs to be completely eliminated from the roots.[4]
Conclusion
India is said to be walking on the path of technological and educational advancements but still in many parts of the country the basic rights to a descent life is denied to the people. Witch-hunting is still a curse to the isolated areas where people are tortured in the name of many myths and taboos that are ingrained in our society. There always exists a fear among every Indian women to come up with an incident that has happened with them. The victims or other people who witnesses a witch-hunting usually doesn’t come forward to report it due to fear.
A movie named ‘Kala Sacch’ was released in the year 2015 which depicted a real life incident in Jharkhand wherein a woman named Seeta Devi was accused of being a witch. As a punishment to this false accusation, her body was pierced with needles and her husband was made handicapped yet the accused were not convicted due to the lack of central legislation. This movie was an initiative to put forward a request to the Central Government for enacting central legislation on the subject. The Prevention of Witch-Hunting Bill was introduced in Lok Sabha in 2016 by Shri Raghav Lakhanpal but was not passed. The existing state laws do not provide an effective mechanism to help the victims to recover from the consequences of witch-hunting which includes forced displacement, expulsion from the village, social and economic boycott etc. Therefore, there is a dire need for a national legislation to eradicate this evil from the society.
Implementation of a strict Anti-witchcraft law and establishment of more NGO’s that would be focused precisely on this matter would prevent such inhuman practices. As witch hunting are more prevalent in the backward areas of our country, therefore in order to raise awareness witchcraft should be added to as a subject in schools to change the perspective of society and believe over superstition. It is indeed difficult for removing this age old superstitious beliefs from the society at once but not impossible if strict and necessary measures are being taken up by the government. With the proper initiatives of government, India can be a country free of witch-hunting.
Reference
[1] Apoorva Phutela, Witch Hunting Trials: A Gendered Practice Of Punishment That Continues Even Today, FEMINISM IN INDIA (July 16, 2022, 10:00 PM), https://feminisminindia.com/2022/04/07/witch-hunting-trials-a-gendered-practice-of-punishment-that-continues-even-today/?amp
[2] Seema Yasmin, Witch Hunts Today: Abuse of Women, Superstition and Murder Collide in India, SCIENTIFIC AMERICAN (July 17, 2022, 08:00 PM), https://www.scientificamerican.com/article/witch-hunts-today-abuse-of-women-superstition-and-murder-collide-in-india/
[3] Anuradha Sharma, Greed & Power Override Myth As India’s Poorest State Strives To End The Hunting Of Witches By 2023, ARTICLE 14 (July 20, 2022, 06:00 PM), https://www.article-14.com/post/greed-power-override-myth-as-india-s-poorest-state-strives-to-end-the-hunting-of-witches-by-2023
[4] Rimjhim Vaishnavi, Everything you want to know about laws which prevent witch hunting in India, IPLEADERS (July 22, 2022, 10:00 AM), https://blog.ipleaders.in/laws-which-prevent-witch-hunting-in-india/?amp=1
ABOLOTION OF WITCH-HUNTING: IS AN INDIA FREE OF WITCH-HUNTS POSSIBLE?
Authored By - Anusua Mondal
Amity University Kolkata
B.A.,LL.B(H) 5TH YEAR
Abstract
Most of us believe in this common superstition that a black cat crossing the road brings bad luck. But if we follow the saying of Groucho Marx, the whole idea of criticizing a tiny animal changes : “If a black cat crosses your path, it signifies that the animal is going somewhere” Even after being in the 21st Century, we find cases of witch hunts taking places across the country. The incidents of witch hunting in India are quite a common phenomenon mostly in the rural areas. Due to the increased rate in illiteracy and lack of awareness, people residing in the backward areas are still having beliefs in immaterial and superstitious world of black magic and ghosts. This article critically analyses why modern day witch hunt still exist today? Incidents of witch-hunting gets influenced by elements like patriarchy, superstition and socio-economic conditions. It is only because of the superstitious beliefs in the malevolent witchcraft that many people gets tortured and at times such brutal acts results in death. According to India’s National Crime Records Bureau, between 2000 and 2021 more than 3500 Indians were hunted, tortured and slain in witch hunts, most of whom were women. Since most state governments does not classify witchcraft as a murder motive, activists and journalists believe the number of witch hunts might be substantially higher. Witch hunts mainly target women, taking advantage of India’s patriarchal society and caste system.
Keyword: Superstition, witch hunting, black magic, patriarchy, caste, government, murders, illiteracy.
Introduction
In India, Witch-Hunting has a deep rooted history. Witch-Hunting, popularly known as Dayan Pratha is a superstitious practice in India, where women are considered of acquiring supernatural powers and indulged in evil practices. This concept has its traces in the past, may it be primitive, medieval or the modern age, the concept of witchcraft and the incidence of witch-hunting has been witnessed. It is a wicked practice where the women alleged of causing detrimental influences are termed as witches by Ojhas or community people and are thereafter, hounded, banished, flogged, raped, paraded naked through the village, forced to eat human excreta, bladed, thrashed etc. Thus it is quite relevant that witch-hunting involves both physical and verbal abuse. Sometimes witch-hunting is used as a tool for vengeance and to target political parties. Even in today’s date, witch-hunting are prominent in many Indian states such as Assam, Bihar, Chhattisgarh, Gujarat, Haryana, Jharkhand, Madhya Pradesh, Maharashtra, Orissa, Rajasthan, Uttar Pradesh and West Bengal.
Witch-hunts are not a result of superstition alone. Another form of witch-hunting has made itself apparent which involves trolling, harassment and abuse. In the age of social media, hate campaigns against specific communities are very much common. In 2020, one such campaign was launched against a Bengali women following the death of the Bollywood actor Sushant Singh. The women was accused of witchcraft and subjected to media trials. She had to face excessive incidents of harassment and online abuse[1].
How can India be a country free of witch-hunts when such incidents continue to take place even in today’s generation? The Prevention of Witch Practices Act authorizes the states to prosecute people who label women as witches. But this has not proven to be a sufficient deterrent in certain states. In order to punish a person for practicing witch hunting, the court needs evidence. In case of a socially manifested crime, people remain silent out of fear. Hence, neither any evidence is gathered nor justice is achieved. Due to societal pressure, only a few incidents of witch hunting are reported that too after a long gap. This makes the witness testimony unreliable, a ground for not convicting the accused.
In last 15 years, approximately 2,500 women were killed in the name of witch-hunting as per Human Rights Committee Report. It was previously seen that witch hunting is only associated to women until in 2013 the Orissa police reported a case where a boy was killed with the acquisition of practicing witchcraft. Statistics also display a case of 2011 where a girl was raped in Assam in the name of witch-hunting. According to the latest NCRB data, 15 women were murdered on allegations of witchcraft in 2020. Jharkhand, Chhattisgarh, Madhya Pradesh and Orissa recorded 88 murders attributed to witch-hunting.
In our present day society, the practice of witch-hunting is a blot. Even though the country is walking on the path of advancement but still in many parts of the country the basic right to a decent life is denied to people. In order to make a India free of witch-hunts the states need to take effective measures to eradicate poverty, ensure better living standards, public health, educational facilities, infrastructural facilities in the isolated areas and villages.
Reasons for Prevalence of Witch-Hunting in India
in the 21st Century
Witch-hunting is stigmatization of specific communities, which mostly involves widowed women, women who are childless and women of lower caste. It has been witnessed in the tribal and rural areas of the country that if there is an occurrence of wild spread diseases or famine that causes death of humans and animals, the allegations for witch craft develops on the most vulnerable people of the society. People who considers women as witches, capitalize on deeply rooted superstitions and systems built on misogyny and patriarchy to blame females. These people are of beliefs that witches possess magical powers which they uses to attack humans, destroy crops, cause harm to animals, influence body and mind of others. The violence have been exacerbated due to lack of education, awareness literacy and the prevalence of caste system. People in far flung isolated areas with minimum or no educational facilities blame women for the unfortunate happenings when they fail to explain the reason behind it. Lack of national legislation, lack of evidence and issuing of report, ineffective implementation of established rules are other reasons that are responsible for the prevalence of witch-hunting even/ in today’s generation. Witch hunts and beatings often provide an outlet for men who are living in poverty, to vent frustrations over their own lack of power, especially in the rural communities who are so marginalized and oppressed with no avenues of protest. In the isolated areas, women who are alone and own land are at greater risk of randomly being accused of witch craft especially if someone wants to covet that land.[2]
Since there is no specific national legislation in India for the prevention of witch-hunting, the crime is increasing at a greater rate in the isolated areas. Hence, there is an urgent need of proper legislation to eradicate this heinous practice from our society. The reason for prevalence of witch-hunting and still taking the lives of innocent women or leaving them in a traumatized condition after the severe mental torture is that the laws talk only about the legal aspect of the problem without having an in-depth investigation. The legislations are very much inadequate in covering the entire range of inhuman actions that are associated with witch-hunting.
Legislative Approach to Witch-Hunting
Witch Hunting violates Articles 14, 15(3), 15(4), 21, 51, 51A of the Indian Constitution. As there is no specific national level legislation that penalizes witch hunting therefore the provisions under Indian Penal Code 1860 are used as an alternative for the victim. The various sections that are invoked in such cases are :
Different states have come up with different legislations to tackle the problem of witch hunting.
Section 3,4,5 and 6 of the Act states about the punishment which will be granted if any person considers someone as witch, tries to cure the witch and if any damage is caused to them. Section 7 of the Act mentions about the procedure for trial.
The punishment for provoking a person to commit suicide after intimidating, stigmatizing, defaming and accusing her as witch, may result to life imprisonment along with a fine of Rs.5 lakh.
Role of NGOs and Social Activists
Apart from the several legislative approaches, there are other established bodies that aims at preventing witch-hunting to promote protection to women as well as to ensure the rights of the women are not violated. In 1993, India signed the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) to eliminate discrimination and social cruelty against women.[3]
Steps for Making an India Free of Witch-Hunting
Witch-hunting is such a peril in the society that needs to be completely eliminated from the roots.[4]
Conclusion
India is said to be walking on the path of technological and educational advancements but still in many parts of the country the basic rights to a descent life is denied to the people. Witch-hunting is still a curse to the isolated areas where people are tortured in the name of many myths and taboos that are ingrained in our society. There always exists a fear among every Indian women to come up with an incident that has happened with them. The victims or other people who witnesses a witch-hunting usually doesn’t come forward to report it due to fear.
A movie named ‘Kala Sacch’ was released in the year 2015 which depicted a real life incident in Jharkhand wherein a woman named Seeta Devi was accused of being a witch. As a punishment to this false accusation, her body was pierced with needles and her husband was made handicapped yet the accused were not convicted due to the lack of central legislation. This movie was an initiative to put forward a request to the Central Government for enacting central legislation on the subject. The Prevention of Witch-Hunting Bill was introduced in Lok Sabha in 2016 by Shri Raghav Lakhanpal but was not passed. The existing state laws do not provide an effective mechanism to help the victims to recover from the consequences of witch-hunting which includes forced displacement, expulsion from the village, social and economic boycott etc. Therefore, there is a dire need for a national legislation to eradicate this evil from the society.
Implementation of a strict Anti-witchcraft law and establishment of more NGO’s that would be focused precisely on this matter would prevent such inhuman practices. As witch hunting are more prevalent in the backward areas of our country, therefore in order to raise awareness witchcraft should be added to as a subject in schools to change the perspective of society and believe over superstition. It is indeed difficult for removing this age old superstitious beliefs from the society at once but not impossible if strict and necessary measures are being taken up by the government. With the proper initiatives of government, India can be a country free of witch-hunting.
Reference
[1] Apoorva Phutela, Witch Hunting Trials: A Gendered Practice Of Punishment That Continues Even Today, FEMINISM IN INDIA (July 16, 2022, 10:00 PM), https://feminisminindia.com/2022/04/07/witch-hunting-trials-a-gendered-practice-of-punishment-that-continues-even-today/?amp
[2] Seema Yasmin, Witch Hunts Today: Abuse of Women, Superstition and Murder Collide in India, SCIENTIFIC AMERICAN (July 17, 2022, 08:00 PM), https://www.scientificamerican.com/article/witch-hunts-today-abuse-of-women-superstition-and-murder-collide-in-india/
[3] Anuradha Sharma, Greed & Power Override Myth As India’s Poorest State Strives To End The Hunting Of Witches By 2023, ARTICLE 14 (July 20, 2022, 06:00 PM), https://www.article-14.com/post/greed-power-override-myth-as-india-s-poorest-state-strives-to-end-the-hunting-of-witches-by-2023
[4] Rimjhim Vaishnavi, Everything you want to know about laws which prevent witch hunting in India, IPLEADERS (July 22, 2022, 10:00 AM), https://blog.ipleaders.in/laws-which-prevent-witch-hunting-in-india/?amp=1
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