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CA Topic

Practice of Witchcraft in India

Brief Context

Context Five members of a family were killed on suspicion of practising witchcraft in Purnea district of Bihar. 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.

Source Content

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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