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WITCH HUNTING - A GENDERED VIOLENCE AGAINST WOMEN
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WITCH
HUNTING – A GENDERED VIOLENCE AGAINST WOMEN
AUTHORED BY
- B THILLAI NAYAGE
ABSTRACT
The terrible practise of “witch-hunting”
involves torturing women who are thought to have witchcraft or other dark
magical abilities in an effort to save mankind. Although India has evolved into
a contemporary nation that guarantees various fundamental rights such as right to
personal dignity, privacy, but still the country's cultural practises and
beliefs are still traditional and archaic. The majority of people, particularly
those living in rural regions, have become so enmeshed in superstitions that
they are contributing to the oppressive structures of their culture and
religion. As a result, there has been a rise in intolerance and the number of
crimes motivated by superstitions throughout time. Witch-hunting is one such
atrocity that stemmed from this inflexible religious system. Despite the fact
that several State laws have been passed to combat this problem, our society is
nevertheless plagued by the horrible reality of witchcraft and human sacrifice.
This practise violates women's fundamental human rights to a decent life by agonizing
them. The purpose of this research paper is to shed attention on the
ineffectiveness of the existing laws that are already poor place to combat
witch hunting and highlights the urgent need for a comprehensive legislation to
halt the practise.
Keywords: Women, Witch hunt, Violence,
Superstition, Patriarchy.
INRODUCTION
Witch hunting is a major issue in
India, which often leads to mob lynching’s owing to the superstitions. The term
“witch-hunting” denotes the branding of a woman, often accompanied by
confirmation by an Ojha, as a witch. Post the branding, the women are mostly
subjected to assaults and murder which often includes mass attacks and
lynching. The true description of witch-hunting is the molestation and
execution of a woman who is thought to possess wicked magical abilities. For a
variety of causes, mob participation in torture and hunting down human beings
is portrayed as taking over the world and putting an end to education, family
turmoil, property, oppression, submission, sexual advancements, and human
traits. [1] Unfortunately,
this practise still exists, especially in rural India, even though many people
view it as harsh. It stigmatises certain groups of people, including old
couples, childless women, bereaved moms, and women from lower castes. Men who
identify as "witch-hunters" murder and rape these defenceless women,
taking their land and perhaps using it as a means of retaliation.
BACKGROUND OF WITCH HUNTING IN INDIA
According to India's yearly reports of
the Union Home Ministry's National Crimes Record Bureau (NCRB), there were 663
killings there between 2015 and 2021 that were said to be the result of
witchcraft or witch hunts. This amounts
to 95 witch-hunting fatalities on average per year.[2] In recent years, there have been numerous
instances of witch hunting in the country, as reported by the media. According to the 2021 report published by the
National Crime Records Bureau (NCRB), there were six fatalities associated with
human sacrifices, whereas witchcraft served as the underlying motivation for 68
homicides. Chhattisgarh reported the highest number of witchcraft cases,
following which Madhya Pradesh and Telangana have the highest
cases as per the available data. Investigators claim that women are specifically
targeted and included in other people's witch hunts in order to rule the world
and achieve their own objectives under the cover of superstition. It is
occasionally applied to punish women who defy societal norms. Women from
Scheduled Castes and Scheduled tribes are the most frequently targeted
groups in witch hunts.[3] In
one incident, An Adivasi lady was brutally murdered by a group of people in
July 2015 after a priest from the neighbourhood allegedly labelled her to be a
witch and said that that she was “bringing in evils” to the community by
carrying out witchcraft. The woman was lured out of her home and murdered by
the mob. She was assaulted to
consume human urine and stool.
The phenomenon commonly referred to
as “witch-hunting” has been a longstanding practise within the tribal society
of India, spanning several centuries. The precise chronology of the genesis of
witch-hunting in the Indian context remains elusive. The historical origins of
the practise in question are purportedly traced back to several centuries ago
within the Morigaon district of Assam, a region renowned for its designation as
the black magic capital of India. The phenomenon commonly referred to as
witch-hunting has garnered significant attention within the Indian society,
where it is commonly referred to as “Dayan Pratha” in the local dialect.
The inception of witch-hunting in the Indian subcontinent can be traced back to
the notorious occurrence known as the Santhal witch trials which
transpired in the year 1792. This event unfolded within the confines of the
Singhbhum district, situated in the Chotonagpur of India. The prevailing notion
of patriarchy within societies has been widely acknowledged as the underlying
catalyst for the pervasive and widespread occurrence of witch hunting across
the globe. In the historical era of colonialism, a convergence of efforts
emerged between the missionaries and administrators of colonies in their
pursuit to document and explore the intricate realms of witch hunting and
‘witchcraft’ within the confines of colonial India. This shared objective was
driven by a desire to exert authority and establish a system of governance over
the subjugated populace inhabiting the territorial expanse of colonial India.
In the subsequent period, a collection of fragments of data was procured
pertaining to the historical event commonly referred to as the First War of
Independence which transpired in the year 1857. The comprehensive
examination of this particular conflict has been the subject of extensive scholarly
investigation by historians. However, this particular occurrence, commonly
referred to as the first mass witch hunting within the tribal
communities in Chotonagpur, regrettably did not garner significant
attention.[4]
Ø INFLUENCE
OF SUPERSTITION
The foundation
upon which the institution of witchcraft and the subsequent fervour of witch
hunts were constructed can be traced back to the pervasive influence of
superstition. The prevailing conviction among rural communities is that
malevolent entities, commonly referred to as evil spirits, are intrinsically
ensnared within the female populace, manifesting as dains. Consequently, these
afflicted women endure persecution and marginalisation, often labelled as
tohnis. The aforementioned practise can be interpreted as a manifestation of
rebellion, serving as a means to challenge and resist the prevailing social
order within society. Specifically, it represents a response to the
male-dominated societal structure, which exhibits a notable lack of tolerance
towards acts of defiance initiated by women.
Ø MARGINALIZATION
AND PATRIARCHAL AUTHORITY
The
exclusion of women from the acquisition of ritual knowledge and their
participation in ritualistic practises represents a significant form of
deprivation. This deprivation manifests in the denial of women's access to the
sacred and the consequential marginalisation of their presence within
ritualistic contexts. The absence of women from the realm of ritual knowledge
not only perpetuates gender inequality but also hinders the development of a
more inclusive and egalitarian society. Consequently, it becomes imperative to
critically examine and address this issue in order to foster a more equitable
and just social order. The acquisition of such knowledge possesses the potential
to impede the prevailing social structure, while concurrently posing a
formidable challenge to the control of the dominated by men ruling class. In
this particular context, a distinct segment of society is actively engaged in a
concerted effort to effectuate transformation within another segment of
society, primarily through the implementation of novel cultural practises. Such
endeavours are aimed at challenging and ultimately altering the prevailing
social order that currently governs the collective fabric of the community.[5]
The
role of established patriarchy in the practise of witch hunts in India is of
utmost significance. The inherent struggle and conflict that arises from the
dichotomy between male-dominated and female-dominated systems imparts it with a
rebellious essence, thereby rendering it an act of defiance in its own right.
The act of rebellion can manifest itself in various forms, encompassing both
defiance towards an established authority and resistance during the era of
independence, symbolising a refusal to comply with the rules and regulations
imposed by the British colonial regime. [6]
It is also imperative to comprehend the phenomenon of gender-specific control,
wherein women belonging to specific categories are targeted as witches and
subjected to further control through acts of violence such as rape and domestic
abuse. However, it is important to note that the individuals who were
persecuted as witches were predominantly widows, elderly individuals, those
from lower castes, and children. This signifies the selective targeting of the
lower socioeconomic class, while the practitioners of witchcraft, commonly
referred to as ojhas, predominantly consist of males.
Within
the discourse surrounding witchcraft, it is important to acknowledge the
existence of an assumption positing that witchcraft is not solely a response to
the rebellion of women, but rather a phenomenon that emerges in conjunction
with the peasant rebellion, specifically pertaining to the impoverished segment
of society. The vast tracts of land are possessed and diligently cultivated by
the female members of tribal and rural communities, only to be subsequently
subjected to appropriation by those who level accusations against them. It
implies that the presence of land disputes served as an additional impetus for
the establishment and perpetuation of the witch-hunting system.
LAWS AGAINST WITCH HUNTING IN INDIA
The
various cases presently revolve around the Indian Penal Code of 1860, which has
come under scrutiny in light of numerous instances of unnatural deaths of women
throughout the nation. This critical examination stems from the absence of
legislative provisions specifically addressing the pernicious phenomenon of
witch hunts, which are inherently characterised as acts of violence. In the
realm of legal jurisprudence, it is noteworthy that cases are not invariably
addressed through the eyes of a singular statute, but rather, they are
encompassed within the purview of various offences. This is particularly
evident in instances where the gravity of the transgression necessitates a
comprehensive analysis of the law. In the Indian Penal Code, for instance, the
offences of Murder under section 302, Attempt to Murder under section 307, and
Rape under section 376 serve as illustrative examples of this multifaceted
approach. The dismissal of numerous cases at their nascent stage can be attributed
to a lack of individuals who can provide first-hand accounts or the presence of
testimonies that are deemed untrustworthy. [7]
Ø THE
PREVENTION OF WITCH HUNTING BIL, 2016
Section
2(j) of the Prevention of Witch Hunting Bill, 2016 defines Witch hunting to include
Persecution and the murder of a woman, which frequently involves widespread
frenzies and lynching, followed a ojha’s confirmation that the woman is a
witch. The bill proposes for a maximum imprisonment of 3 years and maximum fine
of five thousand rupees for identifying a woman as witch[8]
and provides for maximum imprisonment of 3 years and maximum fine of ten
thousand rupees for labelling a woman as witch. [9]
the said bill classifies the offences under the bill as cognizable, non
bailable, and non-compoundable. The bill also obligates the police officers on
reception of commission of offence to immediately take measures to prevent and
protect the women from witch hunt , and to file FIR immediately and arrest the
accused in accordance with the powers guaranteed under section 151 of The
Criminal Procedure Code.[10]it
also imposes duties on the government to frame appropriate guidelines in
accordance with act, to train police officers, to maintain confidentiality of
the victim and to provide relief, rehabilitation, counselling services to the
victims and to raise public awareness regarding the same.[11]
Thus,
it is need of the hour to enact a comprehensive legislation by enforcing the
bill, as the general provisions in
Indian Penal Code penalizes only the effect and not the offence of witch
hunting per se. Also, the Hon’ble court has opined about the lack of evidence in
the case of Tula Devi & Ors. v. State of Jharkhand[12]
that, though the affirmation of the defendants conviction aligns with the
offences delineated in the Indian Penal Code, however, the recognition of the
charges under the Prevention of Witch (Dayan) Practise Act of 1999 has been
nullified. The rationale proffered for this decision was predicated upon the
provisions set forth in the aforementioned Act, wherein it was incumbent upon
the aggrieved party to substantiate, through evidentiary means, the veracity of
her claims pertaining to the infliction of torment upon her person on the
grounds of being perceived as a practitioner of witchcraft. Regrettably, the
victim in question was unable to discharge this onus of proof in the present
litigation. In light of the established evidence, it has been determined that
the accused individuals persistently referred to the subject in question as a
witch for a duration spanning two years. This derogatory label was attributed
to the alleged illness suffered by the son of one of the aforementioned accused
parties. However, it is imperative to note that subsequent to the recovery of
said son from his ailment, it is unsustainable to assert that the subject in
question was subjected to any form of torture. The veracity of the evidence
came under scrutiny due to its failure to establish the culpability of the
accused. This deficiency stemmed from the absence of an ocular witness during
the crucial moments of the identification and persecution of the woman in
question, who was being accused of practising witchcraft. One additional
contributing factor that exacerbates the aforementioned issue is the temporal
lag in the reporting of criminal incidents, primarily attributable to the
geographical positioning of the crime scene, which predominantly manifests in
the periphery of urban locations, thereby impeding prompt access to law
enforcement agencies. The occurrence of significant temporal prolongation has
been duly noted in a multitude of instances, as exemplified by the notable case
of Madhu Munda v. State of Bihar[13],
wherein the consequential outcome was the deterioration of the witness's
credibility, rendering their statement devoid of reliability. Thus it becomes
essential to provide protection to witness to enable to provide justice in
witch hunting cases as effectively as possible.
CONCLUSION
Thus, the consequences of such
heinous acts are devastating and far-reaching. The branding of women as witches
perpetuates a cycle of violence and fear, leaving them vulnerable to
unimaginable horrors. These atrocities manifest in the form of assaults,
murders, and even mass attacks, where innocent lives are brutally taken away.
Lynching becomes a chilling display of mob mentality, as communities join
forces to execute these women based on nothing more than suspicions of
possessing wicked magical abilities. This twisted perception of witch-hunting
distorts reality and allows for the molestation and execution of countless
innocent lives. It is a dark reflection of society's deep-rooted prejudices and
ignorance. Sadly, these acts not only rob women of their lives but also
contribute to the erosion of education, tearing families apart, and destroying
any semblance of peace or stability. The very fabric of society is torn apart
by the oppressive forces that fuel these acts.
The unimpeded perpetuation of such practises constitutes a breach of an
individual's inherent entitlement to equal treatment and preservation of life,
as guaranteed by Articles 14 and 21 of the Indian Constitution,
correspondingly. To date, witch-hunting legislations have been enacted in
merely eight states within India. The aforementioned states encompass Assam, Bihar,
Chhattisgarh, Jharkhand, Karnataka, Maharashtra, Odisha
and Rajasthan. The lack of interventions to address superstitions can
contribute to the proliferation of unscientific and irrational behaviours,
including spiritual healing, fraud, and dissemination of misinformation related
to medical care. These practises can have significant adverse consequences on
both public order and the health of individuals within a society, which
necessitates a comprehensive law to deal
with the issue in hand.[14]
[1] Aditi Pandey, Practice of Witch hunt in India: fallacies in
statutes and exigency for a central legislation (gender-based violence),
CRIMINALLAWSTUDIESNLUJ, (November 2, 2023, 10.00
AM), https://criminallawstudiesnluj.wordpress.com/2022/04/04/practice-of-witch-hunt-in-india-fallacies-in-statutes-and-exigency-for-a-central-legislation-gender-based-violence%EF%BF%BC%EF%BF%BC/ .
[2] Rahul Jha and Aishwarya Tripathi, It is 2023. Branded as witches,
women are still being tortured and killed in Bihar, GAONCONNECTION (November 2, 2023 3.00 PM ),https://www.gaonconnection.com/lead-stories/crime-gender-ncrb-witch-craft-bihar-anti-dayan-law-women-52116 .
[3] James H. Chadbourn , Lynching and the Law,
JSTOR (November 2, 2023, 11:15PM) https://www.jstor.org/stable/25710303?seq=1.
[4] Aditi Pandey,
Practice of Witch hunt in India: fallacies in
statutes and exigency for a central legislation (gender-based violence),
CRIMINALLAWSTUDIESNLUJ, (November 2, 2023, 10.00 AM), https://criminallawstudiesnluj.wordpress.com/2022/04/04/practice-of-witch-hunt-in-india-fallacies-in-statutes-and-exigency-for-a-central-legislation-gender-based-violence%EF%BF%BC%EF%BF%BC/ .
[5] Vidya Kakra , ‘Witch
Hunting in India – Need for a Central Legislation’, Vol.I ,Issue-I, CALR JAL
& J, https://calr.in/wp-content/uploads/2021/09/Witch-Hunting-in-India-%E2%80%93-Need-for-a-Central-Legislation_Vidya-Kakra-.pdf .
[6] Shamsher Alam and Aditya
Raj, ‘The Academic Journey of Witch Craft studies in India’, MAN IN INDIA, 97
(21) , 123-138 The Academic, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3108724 .
[7] Aditi Pandey,
Practice of Witch hunt in India: fallacies in
statutes and exigency for a central legislation (gender-based violence),
CRIMINALLAWSTUDIESNLUJ, (November 3, 2023, 10.00 AM), https://criminallawstudiesnluj.wordpress.com/2022/04/04/practice-of-witch-hunt-in-india-fallacies-in-statutes-and-exigency-for-a-central-legislation-gender-based-violence%EF%BF%BC%EF%BF%BC/ .
[8]
Section 3 of the
Prevention of Witch Hunting Bill, 2016 Bill No. 66 of 2016
[9]
Section 4 of the
Prevention of Witch Hunting Bill, 2016 Bill No. 66 of 2016
[10] Section 18 of the Prevention of Witch Hunting Bill,
2016 Bill No. 66 of 2016
[12] Tula
Devi and Ors. v. State of Jharkhand, 2006 (3) JCR 222 Jhr.
[13] Madhu
Munda and Ors. v. State of Bihar, 2003 (3) JCR 156 Jhr.
[14] Shamsher Alam and Aditya Raj, ‘The
Academic Journey of Witch Craft studies in India’, MAN IN INDIA, 97 (21) ,
123-138 The Academic, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3108724 .
Article Information
WITCH HUNTING - A GENDERED VIOLENCE AGAINST WOMEN
Authors: B THILLAI NAYAGE
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/11/23
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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