Unacknowledged Atrocities: A Witch-Hunting Practice In India
- IJLLR Journal
- 54 minutes ago
- 3 min read
Deepti Sankratyayan, Research Scholar, Pursuing PhD, Faculty of Law, University of Delhi.
ABSTRACT
Misogynistic nexus of Indian Society finds a way to inculpate females for any misfortune that happens in someone’s life or in the society. Witchcraft is a practice and belief in magical abilities to cast spell on someone while witch-hunting is an act by which women is branded as a witch locally named as “daiin, dakan, chudail, etc. and is severally punished by the whole community. The Bhopa’s i.e. witch doctors have cardinal role to play in identifying and branding a women as a witch. Our Constitution guarantees right to equality under Article 14, right to life and personal liberty under Article 21 and right to have dignified life to all the citizens under Article 21 of the Constitution but women in several parts of of India still continue to face severe Human Right violations on the name of superstition. Thus, the research paper tries to examine complex constitutional and legal issues surrounding it.
The research paper aims to delve into the historical origin of witch-hunting and the causal factors which facilitate it to prosper. It endeavour to reflect upon the challenges and difficulties which victims of witch-hunting face and the stigma they have to carry throughout generations.
The research paper argues that witch-hunting practice is a manifestation of structural and intersectional violence intertwined with gender, caste, patriarchy, cultural belief and financial hardship. Rather, than a mere superstition it is a mechanism to control and regulate women especially widows, single, elderly, Dalit and tribal women who lacks male protection and punishes them. In the garb of superstition they are deprived of land ownership rights. They assert to discipline women who are progressive, modern, vigilant and vocal about their rights and refuse unreasonable compliance. They are denied social status in the society and material resources meant for decent living.
The research paper critically analyses the effectiveness of the existing legal framework in tackling witch-hunting and it highlights the inefficacy of the piece meal approach of the states in the light of NCRB data. It highlight the need for central legislation on witch-hunting as it is dealt under combination of criminal laws under Bhartiya Nyaya Sanhita, 2023 or under state specific legislations like Prevention of Witch (Daain) Practices Act, 1999 of Bihar, Prevention of Witch (Daain) Practices Act, 2001 of Jharkhand, and Rajasthan Prevention of Witch-hunting Act (2015) of Rajasthan and to suggest policy reforms for effective implementation of laws. The comprehensive and multidisciplinary approach is required which brings not only socio-cultural transformation but ensures legal accountability, transparent and effective policy implementation, thus protecting human rights and upholding rule of law in true spirit and sense.
In India there is wide disparity between the existing legal system and the problems which actually the people face. Consequently, it fails to provide protection to victims of witch-hinting. Therefore, Women’s perspective must be included in the discussion for change in the existing social system which is oppressive and unequal for women.
The research paper delve deeper and tries to explore the reasons behind witch-hunting practice. It is the superstition intertwined with patriarchy and financial hardship which keeps witch-hunting practice alive. The National Crime Record Bureau data 2023 shows that total 74 cases were reported across India related to witch-hunting, which shows a considerable decline from previous year i.e. year 2022 when total 88 cases were reported related to witch-hunting. Jharkhand is the state where witch-hunting cases leaped doubled from previous year i.e 2022 and registered highest number of cases i.e. 22, followed by Chhattisgarh and Madhya Pradesh where 19 and 14 cases were reported respectively. However, NCRB recorded 663 murders in year between 2015-16 which were motivated by witch-hunting.
Keywords: Witchcraft, witch-hunting, violence, superstition, gender & caste.
