This article was written by Muskan Jaiswal, pursuing the Lord of the Courses Judiciary Course, from LawSikho, and edited by Koushik Chittella.

Introduction

In the tapestry of India’s rich traditions and customs, there is a dark stain, fuelled by tales of suspicion, violence, and injustice — the stories of witch hunts. The name Witch Hunt indicates that it’s a hunt of a witch; a witch is basically known or defined as ‘one who causes harm to others by mystical means’ (Needham, 1978); later in 2004, it was modified as ‘a person who uses non-physical means to cause misfortune or injury to other humans’ (Hutton, 2004). These definitions imply that there are people in this world who use supernatural means to cause harm to others for their own benefit or satisfaction. 

Even in the 21^st century, the saga of hunting innocent people, mainly women, on account of the accusation of being a witch because of mishaps taking place, the reason behind which is unknown, remains as bad as it was before. In reality, no individual possesses great power, such as witchcraft. But what one corrupted mind really possesses is the ability to use these tactics as a medium to achieve things they certainly wish for. This article delves into the depths of the antecedent of the witch hunts in India, learns about the legal intervention done by the supreme authorities, and discusses the ways to eradicate the superstitions.

Historical origin

The history of witch hunting in India is as old as the times; its influence lingers from the colonial period. During the colonial period, missionaries and colonial administrators were responsible for recording and maintaining accounts regarding witch hunting and witchcraft. The key reason behind the documentation was to regulate the locals in the colonial Indian land domain. Later, after the post-independence period, no specific laws were made for the protection of the victims of witch-hunting. As discussed, witch-hunting has a history of violence associated with flogging, rape, burning, and killing. The targets are usually elderly, poor, single, widowed, or unmarried women living on the verge of the community. An aged single woman becomes a target for branding in several cases: she is incapable of bearing children or sexual pleasure and, in the opinion of society, is a sire of the patriarchal sociocultural system. Furthermore, other studies affirm that Scheduled Tribe women and girls suffer a higher rate of violence, labour abuse, harassment, and bullying, claiming that they are witches. Additionally, witchcraft beliefs and practices have been spread widely across all regions of India, influenced by local customs, folklore, and cultural traditions passed from generation to generation.

Legal framework

According to the National Crime Records Bureau, more than 1500 people were killed in the name of witchcraft in the past decade. As this crime includes flogging, rape, burning, and killing, all these cases were dealt with under the Indian Penal Code (IPC). Each of these crimes has its own different sections, like causing hurt or grievous hurt, which is dealt with under Sections 319 and 320 of the IPC; assault or criminal force with Sections 351 and 352; wrongful restraint or confinement with Sections 340, 341, and 342; criminal intimidation with Sections 503 and 506; abetment with Sections 107 and 109; murder or culpable homicide with Sections 302 and 304; and assault or criminal force on women with intent to outrage her modesty, sexual harassment, and rape are dealt with under Sections 354, 354A, 375, and 376, respectively. However, the legal side only works in specific circumstances and with high enforcement, awareness, and community participation. Moreover, in addition to the dry enumeration of criminal manifestations, it is necessary to work on the tendencies of socio-cultural development that keep alive superstition and witchcraft violence.

State legislation related to Witchcraft

Although there weren’t any specific laws in India dedicated solely to witch-hunting, several states issued their own legislation to address the issue and combat the practice. Bihar was the first state to introduce the act for witchhunting, the Bihar Prevention of Witch (Dayan) Practices Act, 1999, followed by Jharkhand, which introduced the Jharkhand Prevention of Witch (Daain) Practices Act, 2001. Both of these laws were focused on preventing witchcraft-related violence, providing rehabilitation measures for victims, and imposing penalties for accusing someone of witchcraft or practicing witchcraft. Later, other states like West Bengal and Rajasthan took their own preventative measures to protect the people. Karnataka enacted the ‘Karnataka Prevention of Superstitious Practices Act, 2013’. Although this Act was not specifically focused on witch hunting, this bill definitely aimed to prevent various harmful and superstitious practices, including witch-hunting crimes. The Rajasthan government has also passed a bill, Rajasthan Women (Prevention and Protection from Atrocities), 2006. Any person calling any woman “Dayan” or accusing a woman of witchcraft is punishable by imprisonment, which extends to three years and Rs 5,000 as a fine.

After some period, Chhattisgarh, Odisha, and Assam followed the queue and introduced their own legislation known as ‘Chhattisgarh Tonhi Pratadna Nivaran Act, 2005’, ‘The Prevention of Witch-Hunting Act, 2013’, and ‘Assam Witch Hunting (Prohibition, Prevention, and Protection) Act, 2015’ respectively. Maharashtra had also enacted the ‘Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil, and Aghori Practices and Black Magic Act, 2013’. All these acts are intended to prevent various superstitious practices, including sensational acts of witch hunting, human sacrifices, black magic, and other brutal exploitation. The Act imposes rigid penalties for practicing these activities to protect individuals from exploitation.

Partner for Law in Development and women’s rights

The Partner for Law in Development, known as PLD, is a group of legal resources working for social justice and women’s rights in India. It considers women’s rights as an integral part of society and hence doesn’t allow women’s rights to be violated in any form through families on the basis of sexuality, culture, caste, etc. Other than this, many other NGOs are working for the prevention and protection of women from this social evil. Among those is the Rural Litigation and Entitlement Kendra (RLE Kendra), which had also filed a PIL in the Supreme Court regarding the same relating to the abuse of women in the name of witch-hunting on behalf of 1000 rural women of Jharkhand who got victimised due to witch-hunting. Apart from this, NGOs or some local bodies have worked against it. A bill named “Prevention and Prohibition of Witch-Hunting” has been drafted by members of Human Rights Defence International and is still pending. The motive behind the bill is to establish a legal framework for witch-hunting at a national level. 

Impact of witch hunting in India

Even after all of these laws and prevention measures taken by the government, the cases of witchhunting haven’t come to an end. People from various regions of India are still facing issues related to this. In 2021, a 26-year-old woman named ‘Durga Mahota’ from Jharkhand faced allegations of witchcraft against her. A few villagers locked her in a room and beat her up badly for nearly 2 hours, all because she refused the sexual advancement of  a man who later accused her of being a witch. These consequences of being a witch didn’t end with a savage beating, but she was also stopped from bathing in the village pond and taking water from the local community tap. “What wrong have I done that God gave me such a huge punishment?” “I have three young children. I dare not contemplate suicide”; “Call me witch as much as you want to” are the statements made by the victim one recent evening before she broke down in tears. Later, for the victim, the most helpful person didn’t turn out to be the government but Chhutni Mahato, who herself was the victim of witch-hunting once. Chhutni Mahato gave Durga Mahhato refuge for weeks after she spent two weeks in the hospital.

Since 25 years ago, when she survived a murder and rape attempt after being called a witch herself, Chhutni Mahato, 62, has rescued over a hundred women branded as witches in Jharkhand, and now she has been bestowed the country’s fourth-highest award, the Padma Shri, acknowledging her work. Chhutni Mahato was married off at 13 in 1978, when she was in Class 3. However, her life took a 180-degree turn in March 1995. Some of Mahato’s neighbours tried to rape her, believing she would take the black magic route after a girl in their vicinity had become sick. Panchayat fined her Rs. 500, and later villagers beat her and tried to kill her, and that was why she decided to leave. Even the police asked her for Rs. 10,000 to lodge a case when she approached them for help. Bureaucrat Nidhi Khare assisted her by sending her to an NGO that functioned to eliminate the witch-hunting practice in Jharkhand. “The then West Singhbhum deputy commissioner Amir Khare helped me set up an anti-witch-hunting consultation centre, which has so far saved 125 so-called witches,” said Chhutni Mahato.

In Ms. Durga Mahato’s case, she found refuge under the Chhutni Mahato grass roof and muddy floor house, but other than that, there are still many people who were chased from their village after being accused of doing witchcraft, and they ended up being homeless for weeks. The Goalpara district in Assam is situated near the Assam-Meghalaya border, about 170 km from the state capital, Guwahati. A revenue village of Goalpara, Khasipara is the name of a settlement. Once one crosses the village to start walking to the forest area, one will be able to observe a hamlet where some people reside, accounting for approximately 70–75 individuals. Its official name, as seen in the government records, does not exist, making Dainigaon (witch village) a village consisting of the people who provided shelter to witch-hunt victims.

Superstition eradication

Overall, superstition, being a powerful product of culture and history, remains one of the most dangerous phenomena for people and societies all over the world. The faith in the tales and the supernatural has persisted, leading to numerous negative outcomes for people in general and individuals in particular. Even though science and successful outreach policies have made great strides in the modern world, the vulnerable reefs of the human mind continue to survive. Superstitions can take many forms, from violence against women and shamans to harmful social stereotypes and discrimination. The battle against such destructive power requires the coordinated efforts of society and specialists, including lawmakers, educators, citizens, community leaders, and policy-supporting organisations in many areas. It includes strong legislation, the promotion of critical thinking through education, the establishment of dialogue systems in affected communities, assistance to victims, and more. In addition, rehabilitation programmes to support all the victims of witch-hunting are needed. These programmes must include medical assistance, counselling services, financial support to reintegrate into society, etc. Collaboration with NGOs and international organisations can help states access better resources, expertise, and best practices for addressing witchcraft-related violence. By working together, states can create a better and safer place where witch-hunting has no place.

Conclusion

Legal interventions to suppress witch-hunting and other forms of superstition are important measures to encourage reason, justice, and humanity in society. Implementing comprehensive laws that outlaw harmful practices and provide protection to vulnerable populations is a clear indication of the state’s commitment to human rights and respect for human dignity. Nevertheless, legislation is insufficient on its own and must be complemented by comprehensive efforts to eliminate superstitions by addressing their root causes, promoting education, and enhancing critical thinking across the population. Collaboration across multiple sectors is the most reasonable approach to the problem, and the concerted action of state agencies, civil society organisations, religious leaders, and community activists will help society minimise superstitions and support environments where citizens can manage their lives based on evidence and reason rather than fear. Combating superstitions and developing a culture of respect for diversity and privacy is ultimately a challenge, but with better efforts, we can definitely build a place where every individual is valued, respected, free, and away from all this suspicion-induced harm.

References

1. https://static1.squarespace.com/static/5d6767382552960001f90cbf/t/62a6ed6511ae1140a5ee37d7/1655106931162/Witch+Hunts+in+India.pdf
2. https://www.nytimes.com/2023/05/13/world/asia/india-witch-hunting.html
3. https://www.outlookindia.com/national/witch-hunting-the-invisible-village-in-assam-magazine-265408
4. https://blog.ipleaders.in/laws-which-prevent-witch-hunting-in-india/#:~:text=Till%20now%20there%20is%20no,has%20planned%20to%20pass%20a
5. https://www.hindustantimes.com/india-news/jharkhand-woman-gets-padma-shri-for-saving-women-branded-as-witches-101611658823088.html