Magic and witchcraft, are delightful subjects for fictional stories and literature, which hold no basis in reality. Unfortunately, in some parts of the world, these primitive beliefs underlie violent crimes against women. India has witnessed numerous such atrocities, especially the killing of women in the name of witch-hunting, which grossly violates their natural and human rights. These women are unjustly labeled as “chudail,” “dayang,” or “tonahi.” Perpetrators of such heinous acts are often relatives, neighbours, or villagers, who subject the suspects to appalling violence, including stalking, beatings, head-shaving, forced marches, consumption of human excrement, rape, and even murder. Shockingly, between 2000 and 2016, around 2,500 people lost their lives to witch hunts, as reported by India’s National Crime Records Bureau (NCRB). It is crucial to address this grave issue promptly and effectively. While many European countries have taken legislative measures and tackled related concerns to combat witch-hunting, India has yet to pass comprehensive legislation at the central level or address the collateral problems associated with this deeply troubling phenomenon.

HISTORY OF WITCH HUNTS IN THE WEST:

In ancient times, the line between the spiritual and physical realms was often blurred. Historical records suggest that beliefs in witchcraft were prevalent, and witch trials were not uncommon. One notable instance was the trial of Hypatia, a Greek intellectual born in Alexandria around 355 AD, who was accused of witchcraft due to her association with Neoplatonism, a variant of paganism. Tragically, Hypatia fell victim to a violent act perpetrated by a Christian mob, leading to the destruction of her scientific works and the erasure of her memory.

During later periods, the book titled “Malleus Maleficarum”[1] or “The Witch’s Hammer” emerged, featuring fictional stories about witches and promoting the use of torture as a means to coerce confessions from alleged witches. This book propagated various absurd beliefs, such as witches being able to determine if they were in “blessed” cold water or identifying “devil marks” as bruises and warts.

It is essential to recognize the historical context of these events while acknowledging the devastating consequences of unfounded beliefs in witchcraft, which led to the persecution and harm of innocent individuals like Hypatia.

In the past, witch-hunting practices were based on biased and discriminatory beliefs. Accusations of witchcraft were often targeted towards marginalized individuals who did not conform to societal norms. These individuals included those who were:

• Not Christian,
• older and single women,
• people of different races (excluding white),
• LGBTQ individuals, and
• Those living on the fringes of society, seeking independence.

Witchfinders claimed to find evidence of witchcraft by resorting to extreme measures, such as examining every inch of the accused after shaving off their hair. They presented alleged physical evidence like grotesque dolls or buried pumpkins, associating these objects with dark magic. Early Christians viewed witches as symbols of evil, considering their acts of witchcraft a direct threat to societal order and divine intervention.

NORMALIZING WITCH HUNTS WITH MISOGYNISTIC CRIMINAL THEORIES:

Despite significant progress in many areas, it remains undeniable that our society still grapples with gender bias, particularly in viewing women as the weaker sex. This perception is not limited to rural or less educated communities but permeates various professions and sectors, including discussions about women’s roles in the military, opportunities for leadership positions in academia, and the ongoing struggle for gender equality and equal pay.

Throughout history, influential criminologists who shaped the field have propagated the notion that female delinquency is a result of inherent physiological, hormonal, or psychological traits unique to women. They often label women who commit crimes as “born criminals” due to perceived deviations from the supposed natural behaviour of their gender.

Tragically, these criminologists have advocated for extreme measures, such as sterilization and social isolation, to address what they perceive as the “abnormality” of female criminal behaviour. They believe that eliminating this perceived abnormality is essential for the betterment of society.

In essence, the positivist criminology school of thought is built on the mistaken belief that women who commit crimes inherently suffer from abnormalities that society must eradicate at any cost. It is crucial to challenge such unfounded ideas and strive for a more equitable and just society that recognizes the complexities of human behaviour, irrespective of gender, and promotes understanding and rehabilitation rather than stigmatization and discrimination.

The views and theories put forward by Lombroso, Thomas, Otta Polak, and other criminologists and sociologists regarding female delinquency are deeply problematic and outdated. These theories have been widely discredited and are no longer considered valid in modern criminology and sociology.

• Lombroso’s Theory: Lombroso’s theory of atavistic traits associating certain physical characteristics with criminal tendencies is now recognized as pseudoscience. It perpetuated harmful stereotypes and stigmatized individuals based on superficial physical features, without considering the complex socio-economic and environmental factors that contribute to criminal behaviour.
• Thomas and Otta Polak’s Theories: Thomas and Otta Polak’s theories attributing female delinquency to manipulation, lust, and cunning are highly gender-biased and rooted in sexist stereotypes. Such views fail to acknowledge the diverse and multifaceted reasons behind criminal behaviour and oversimplify complex social issues.

Modern criminology and sociology have evolved to adopt more comprehensive and evidence-based approaches to understanding criminal behaviour, which consider a wide range of factors such as socio-economic status, education, mental health, and societal influences. These contemporary perspectives recognize that criminal behaviour is shaped by a combination of individual, societal, and environmental factors and aim to develop holistic solutions for crime prevention and rehabilitation.

It is essential to challenge and reject outdated theories that perpetuate harmful stereotypes and biases, and instead, promote research and policies that foster a deeper understanding of crime and delinquency while respecting the dignity and humanity of all individuals, regardless of gender.

The illegal practice of witch-hunting in northern India is a distressing example of how prejudices and irrational beliefs can lead to heinous crimes against women. These witch hunts are rooted in superstitious notions, where victims are accused of practicing magical spells and believed to be possessed by “evil spirits.” Tragically, these accusations often result in the torture and abuse of innocent women.

As Pollack argues, witch-hunting perpetuates the harmful stereotype that women are inherently cunning and use black magic for self-interest. This deeply ingrained belief reinforces gender bias and contributes to the oppression of women, subjecting them to violence and discrimination based on unfounded claims.

These practices are a grim reminder of the urgent need to address and challenge such harmful beliefs and work towards creating a society that respects the rights and dignity of all individuals, regardless of gender or any other characteristic. Combating these practices requires education, awareness, and legal measures to protect the rights and safety of those vulnerable to such persecution.

UNDERSTANDING THE REAL REASONS FOR WITCH HUNTS IN INDIA:

In India, women are often regarded as symbols representing different aspects of community, family, and caste divisions. Paradoxically, they are both venerated as goddesses and persecuted as witches. This pattern of killing witches is deeply entrenched in Indian history and remains prevalent today.

Traditionally, the term “witch” evoked an image of an ugly woman with a broomstick capable of flying and disappearing. Nowadays, the definition has evolved to include women believed to possess supernatural powers, engaging in practices associated with negative energies, harming innocent members of society, and seeking personal empowerment. They are often associated with ominous forces, accused of causing harm, and held responsible for various misfortunes.

Tragically, in the name of witch hunts, innocent women become victims of heinous crimes such as murder, rape, theft, and acts of revenge. These witch hunts disproportionately target certain groups, including widowed women, childless women, older married couples, and lower-caste women. Additionally, some are victimized due to local political factors.

WITCH HUNTING STATE RATIO:

In regions characterized by tribes and rural areas with prevalent disease and famine, vulnerable members of society face accusations of witchcraft and coercion. Even after India’s independence, instances of witch hunts have been observed among rural and indigenous communities in several states, including Assam, Jharkhand, Bihar, Chhattisgarh, Orissa, Madhya Pradesh, Uttar Pradesh, Haryana, Gujarat, Maharashtra, Rajasthan, and West Bengal.

The question of caste or group identity is significant in understanding these occurrences. Reports suggest that witch hunt victims typically belong to marginalized castes or tribes, such as Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), etc. Consequently, women from lower castes and tribes face even greater harm within gender categories.

The persistence of primitive practices like witch-hunting can often be linked to economically backward societies. India’s rural communities, usually engaged in large-scale agriculture, suffer from chronic economic depression. This situation hinders access to quality education and healthcare, leaving people to rely on conventional and sometimes harmful responses during crisis situations. In times of financial distress, witch-hunts can serve as strategic means to expropriate property and exploit vulnerable individuals for monetary gain.

Efforts to combat the prevalence of witchcraft beliefs and superstitions in rural India should include initiatives focused on improving education and promoting critical thinking. By increasing educational opportunities and providing access to knowledge, society can break free from the chains of irrational beliefs and foster a more enlightened and compassionate outlook. This, in turn, can contribute to the eradication of harmful practices like witch-hunting and promote a more just and equitable society for all.

TORTURE AND PUNISHMENTS TO WITCHES:

• Fire: A common method of torturing witches was to burn them alive. It was a quick and easy way to eliminate multiple witches at once.

• Stoning: A group of people gathered around a proclaimed witch and threw stones until they died.

• Devices: Many devices are designed to ensure excruciating pain and eventual death.

Example:

1. Rack: A witch bound to a rack and rope stretches the witch’s body until a limb dislocates.
2. Scavengers’ Daughter: Was the opposite of rack engineering. It pushed her body inside, causing internal damage.

• Consume excreta of human beings.

• Hanging

• Detention with food and water.

LEGAL APPROACHES TO WITCH HUNTING:

STATE LAWS:

In India, while there is no specific national legislation addressing witch hunts, victims can seek legal recourse through various provisions in the Indian Penal Code (IPC) of 1860. These include Section 302 for prosecuting murder, Section 307 for attempted murder, Section 323 for bodily injury, Section 376 for rape, and Section 354 for insulting women’s modesty. These sections can be utilized on behalf of victims to hold perpetrators accountable for their actions.

Moreover, several states in India have taken steps to address the issue of witch hunts by enacting their own laws.

For instance:

• Jharkhand: Jharkhand was the first state to introduce an “anti-witch hunt law” to protect women from inhumane treatment and offer relief to victims of abuse.

This law includes sections 3, 4, 5, and 6, which detail the punishments for falsely identifying someone as a witch, attempting to cure the alleged witch, and causing harm to her.

Section 7 outlines the procedure for hearings related to such cases.

• Chhattisgarh: Similarly, Chhattisgarh also passed a law in 2005 called the “Chhattisgarh Thonghi Pratama Bill”, aimed at preventing cruelty against women in the name of Tong-hee.
• Rajasthan: The Rajasthan Government took a significant step in addressing the issue of witch hunts by passing the “Rajasthan Women (Prevention and Protection of Cruelty) Act 2006”. This law makes it illegal and criminal to call a woman a “dayan” or accuse her of practicing witchcraft. Offenders face punishment of up to three years’ imprisonment and a fine of 5000 rupees.
• However, in some witch-hunting states like certain areas of West Bengal, such as Purulia, Bankura, and Babum, there is a lack of specific legislation to tackle this problem.

While these state-level laws are essential steps towards combating witch hunts, there is a need for a comprehensive and uniform national legislation that specifically addresses this issue and ensures adequate protection and support for victims. The existence of state laws shows progress in acknowledging and addressing the problem, but a collective effort at the national level is necessary to eradicate this harmful practice and protect the rights and dignity of vulnerable individuals, particularly women.

INTERNATIONAL TREATIES, CONVENTIONS AND LAWS:

• Enshrined within the 1948 Universal Declaration of Human Rights (UDHR) lies the powerful shield of international law, guarding against all forms of discrimination and fostering the essence of equality before the law. It boldly affirms the inviolable right to life and liberty, reverberating in resonance with every human soul.
• In 1979, India embraced the profound principles of the International Covenant on Civil and Political Rights (ICCPR), ensuring equal civil and political rights for both men and women, leaving no room for deprivation of fundamental rights. This international alliance is a beacon of hope, relentlessly promoting gender equality by eradicating any semblance of disparity.
• Article 7 of the ICCPR serves as a vigilant sentinel, adamantly prohibiting cruel, inhuman, or degrading treatment. The Government of India, hand in hand with the Federal Government, embraces the sacred duty of enforcing these provisions, standing resolute in the pursuit of justice.
• Complementing the UDHR and ICCPR, India’s embrace of the 1993 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) epitomizes a fervent commitment to eradicate discrimination and societal cruelty towards women. A noble pledge to create a world where every woman’s worth is cherished and celebrated.
• Article 5(a) of the significant Convention resonates with urgency, urging States to foster transformative change in the social and cultural fabric governing the behavior of men and women. It serves as a profound call to action, beckoning the reaffirmation of measures designed not only to protect women but also to empower them in the full exercise of their rights.

United in these powerful legal instruments, India stands on the precipice of change, journeying towards a more equitable, compassionate, and just society, where every individual, regardless of gender, finds solace in the embrace of true equality.

CONCLUSION:

WHY DO WITCH HUNTS CONTINUE?

• Challenges in Establishing Evidence –

Courts require solid evidence to convict individuals involved in witch hunts. However, these incidents often occur within a context of silence stemming from fear or societal acceptance. Gathering evidence becomes a challenge as those subjected to witch hunts fear retribution or believe in the legitimacy of such practices. Moreover, the perpetrators, often powerful figures, intimidate potential witnesses into silence, hindering the pursuit of justice.

For instance, the case of “Tula Devi & Ors. V. state of Jharkhand & Anr[2]” brought before the Jharkhand High Court exemplifies these challenges. The court dismissed the case, citing the victim’s inability to prove harm caused, despite being labelled a witch.

• Gaps in Domestic Legislation –

The absence of specific laws addressing witch hunts in India necessitates reliance on sections of the Indian Penal Code for legal action. However, the need for distinct legislation to combat this heinous act is paramount. Such dedicated laws would offer a more comprehensive approach to eradicating witch hunts from society.

The lack of specialized witch-hunt laws not only disregards non-discrimination, safety, and the right to life, but also violates fundamental rights enshrined in international agreements. The right to live a life free from cruelty and inhumane treatment is particularly compromised.

• Inadequate Enforcement of Existing Laws –

Despite the alarming prevalence of witch hunts, some states lack specific laws to address this social injustice. Even states with enacted legislation often face challenges in implementation due to the absence of national support. This is evident as instances of witch-hunting rise post-enactment of state laws.

Sentences imposed on offenders are often disproportionate to the gravity of their crimes, resulting in lenient penalties. For example, some cases only attract fines.

• Gaps in Promoting Scientific Thinking –

Despite 73 years of independence, witch hunts continue to persist. While rural India’s legal awareness contributes to the growth of witch hunts, it’s disappointing that the central government hasn’t effectively addressed the issue.

Various states have introduced laws at the state level to counter witch hunts. However, these laws often lack precision and stringent penalties, leaving room for improvement in enforcement.

• The Need for National Legislation –

States highlight the shortcomings of state laws in curbing witchcraft-related crimes. A unified national approach is required to harmonize laws and effectively address the issue.

This is an opportune moment to provide essential facilities like education and to criminalize witch hunts in India. By doing so, we can uproot these inhumane practices and ensure a more equitable and compassionate society.

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[1] Heinrich Kramer, Malleus Maleficarum ,1520 ( from the University of Sydney Library).

[2] Tula Devi & Ors. V. state of Jharkhand & Anr, 2006 (3) JCR 222 JHR

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Author: Anurima Malakar

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