Sonal Chaudhary
Banasthali Vidyapith, Jaipur
To outlaw women, placing them in an inferior position in our social structure has been a part of our cultural practice. Witch-hunting is one such practise. Witch-hunting is an act meant to defame women, accusing them of being witches or harassing them or harming them mentally and physically. Though laws have been passed in our country to curb this practise, the same has been so done only at the state level and even those state laws lack in terms of implementation. Bihar and Assam are the leading states witnessing this abhorrent practise. In Bihar the Prevention of Witch Practise Act, 1999 was passed by the Bihar government and in Assam The Assam Witch Hunting (Prohibition, Prevention, and Protection) Bill, 2015 was passed by the Assam government. Many other states like Rajasthan, Madhya Pradesh, Haryana, etc. have passed similar bills relating to witch-hunting. However, there is currently no national legislation on the subject.
Witch Hunt in India:
There are no specific sections in the Indian Penal Code that explicitly deal with witch-hunting. The practise is generally regulated under sections 339-348(wrongful restraint and confinement), sections 320-322(causing grievous hurt), sections 359-369(kidnapping and abduction) and sections 375-376(rape). The Prevention of Witch Hunt Bill 2016 was introduced by Raghav Lakhanpal in the parliament in 2016. However, the fate of this bill remains pending as of now. There were many cases that occurring in India that find their origin and evil motivation from this practise. Hopha Tudu v. State of Bihar (offender belonged to the tribal community and poked by Oja) and Debonjani Bora v. The State of Assam (Javelin thrower victim of witch-hunting) are some prevalent examples.
Reasons Why the Bill is Still Pending:
Some of the pivotal reasons behind the pending status of the bill are as follows:
- Inequality in the socio-economic status of women.
- Poverty
- Illiteracy
- Our conventional and superstitious beliefs in—BHOOT and BHOOTNE, OJA, SHUB, and ASHUB—prevent us from progressing forward.
- Inefficiencies in the political system and internal political strives to gain mileage over the ruling party prevent necessary bills from getting passed.
- Unawareness, especially amongst the youth.
Arguments in favour of the Bill:
- This bill will help in increasing the punishment of the accused.
- Women will no longer be unreasonably blamed for natural calamities and women will not be forced to commit suicide.
- Increased security for women which will open doors for better opportunities.
- Create awareness about the evils of the practise and the NGOs that are working in this realm in order to render them increased support.
- It will being an end to abhorrent cases like Birubula Rabha case (a woman fought for her rights when she was blamed for her husband’s death) and Khedai Bala Rabha case (woman was attacked by the villagers because they thought she practiced black magic.)
Conclusion & Way Forward:
One of the most important factors which stands as an obstacle in the way of this bill is inadequacy of education. We are well aware of the role that quality education plays in the progress of a nation as it affects the mentality and thought process of each and every person which ultimately shapes the fate of the society. Education will also discourage activities like witch hunting. We live in a society where on one hand we talk about empowering women and raising them with the same dignity as men and on the other hand we talk about practicing witch hunt. Though the politicians earlier claimed that it was practiced only in the backward areas of the society , data collected in this reference has proved that it is practiced in many parts of India even certain otherwise progressive societies. In this context it is painful to witness even educated people following anti-social and discriminatory practises in the name of tradition instead of raising their voice against it.
It is submitted that the only way to solve this problem is to formulate a national law on prevention of witch hunting. It should be implemented in the strictest sense and the police forces must cooperate and collaborate with the legal system to end this practice. The root cause of this gruesome practice should be brought to the forefront. We must spread awareness among people about the cruelty of this heinous and irrational crime. However, it will be a difficult journey to embark upon but effective policy intervention, proactive government approach and responsibility of citizens will help overhaul the societal evil. The immediate measure to curb this problem is to bring into effect the Prevention Of Witch Hunting Bill 2016.
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