Syllabus: GS1/ Social Issues
Context
- Five members of a family were killed on suspicion of practising witchcraft in Purnea district of Bihar.
What is Witchcraft?
- Witchcraft refers to the belief in or alleged use of supernatural or magical powers, especially to cause harm, misfortune, or illness.
- In the Indian context, witchcraft is:
- Deeply tied to superstition and patriarchal norms.
- Often used as a tool to settle personal disputes, grab land, or suppress women’s agency.
- More prevalent in Jharkhand, Bihar, Odisha, Chhattisgarh, Rajasthan, and parts of Assam and West Bengal.
- Witch-hunting is the act of accusing someone (mostly women) of being a ‘witch’ and subjecting them to violence, ostracization, torture, and even murder.
- According to the National Crime Records Bureau (NCRB), Over 800 people (mostly women) were killed in witchcraft-related murders across India between 2016 to 2022.
Causes of Witch-Hunting in India
- Superstition and Illiteracy: Especially in tribal and rural belts, unexplained diseases or deaths are attributed to ‘witches’.
- Gender and Patriarchy: Over 75% of victims are women, particularly widows, old, mentally ill, or childless women.
- Land and Property Grab: Accusations are often made to drive women off their property or settle family and community disputes.
- Social Marginalisation: Witch-hunting is more prevalent among Scheduled Tribes and Scheduled Castes, who face long-standing social exclusion and lack of legal awareness.
Challenges of Witchcraft
- Violation of Fundamental Rights: Witch-hunting violates Article 21 of the Constitution, which guarantees the right to life and dignity. It also infringes upon Articles 14 (Right to Equality) and Articles 15 (Protection against discrimination).
- Failure of State Institutions: The continuation of this practice highlights the ineffectiveness of law enforcement, the judiciary, and health services in remote areas.
- Denial of Constitutional Values: Article 51A(h) of the Constitution emphasizes the duty of every citizen to promote scientific temper and humanism.
Legal Framework to Address the Issue
- State-Specific Legislations: In the absence of a central law, several states have enacted their own laws;
- Bihar: Prevention of Witch (Daain) Practices Act, 1999
- Jharkhand: Prevention of Witch Practices Act, 2001
- Chhattisgarh: Tonahi Pratadna Nivaran Act, 2005
- Odisha: Prevention of Witch-Hunting Act, 2013
- Civil Initiatives:
- Project Garima (Jharkhand): The initiative works to restore the dignity of women branded as witches, by offering legal aid, counselling, community support, and rehabilitation.
- Project Prahari (Assam): A community-policing model that aims to build trust between police and tribal communities, focusing on crime prevention through early warning, awareness campaigns, and timely legal intervention.
- UN Human Rights Council Resolution, 2021: It urges countries to eliminate harmful practices associated with witchcraft accusations.
- It emphasizes protection of vulnerable groups, documentation of attacks, and victim rehabilitation.
Challenges in Addressing the Issue
- Absence of Central Legislation: The Prevention of Witch-Hunting Bill, 2016 was introduced in the Lok Sabha to provide a national framework for prevention and rehabilitation. However, it failed to pass and eventually lapsed.
- Data Gaps: NCRB currently classifies witch-hunting deaths under general murder, making it difficult to track trends or evaluate impact of interventions.
- Social Acceptance and Stigma: Many communities still accept witch-branding as a legitimate act. Victims often face lifelong exclusion and are unwilling to report cases.
Way Ahead
- Comprehensive Central Law: India must urgently enact a national law against witch-hunting that:
- Defines the crime clearly,
- Punishes perpetrators appropriately,
- Offers support and rehabilitation to victims,
- Mandates awareness and education initiatives.
- Community Engagement and Scientific Temper: Awareness campaigns should target panchayats, SHGs, and tribal leaders to challenge harmful practices and promote constitutional values.
- Rehabilitation Framework: Victims must be offered safe shelter, legal protection, counselling, economic assistance, and opportunities for reintegration.
Source: IE
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