Witch hunting as well as cyber crimes are fast emerging challenges of violence against women in the new millennium which has to be dealt with an iron hand by a strong legislation and condign punishment. Such offence can be prevented by creating massive legal awareness programmes.
Very recently, the Odisha State Commission for Women under the aegis of the National Commission for Women organised a two-day national convention on emerging challenges of ‘cyber crimes’ and ‘witch hunting’ at Bhubaneswar which was graced by the Chief Minister and the Governor of Odisha. The chairpersons and members of different State women commissions, senior police officers, lawyers, prosecutors and social activists participated in the convention. During deliberation, the delegates placed their view points and suggestions to combat with the crimes of witch-craft and witch–hunting which are fast emerging offences of violence on women in different parts of the country.
In this backdrop, so far as the offence of witch hunting in Odisha is concerned , the Odisha Prevention of Witch hunting Act- 2013” was passed on February 25, 1914. The object of the legislation is to provide for effective measures to tackle the menace of witch-hunting and to prevent the practice of witch craft. It is worthwhile that in India there are also different State-level legislations to deal with this type of offences. The State level instruments are the Prevention of Witch (Dayan) Practices Act, 1999- Bihar, The Prevention of Witch (Daain) Practices Act, 2001, Jharkhand, the Chhattisgarh Tonahi Pratadna Nivaran Act, 2005, the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013, the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic law-2017, the Rajasthan Prevention of Witch-Hunting Act, 2015 and the Assam Witch-Hunting (Prohibition, Prevention and Protection) law-2015.
Significantly, to have a better understanding about the evil practice of witch-craft and witch-hunting mostly prevalent in hilly regions and forest areas, different States have described in their respective laws that ‘witch-craft’ means use of supposed supernatural or magical power with evil intention to call up evil spirit or cast a spell or discover the whereabouts of stolen goods and includes such other similar practices which are locally known as ‘Guni’, ‘Jhada Phunka’, ‘Cot Bidya’, ‘Bata Bidya’, ‘Kula Bidya’, ‘Nakha Darpan’ or by any other name. ‘Witch-doctor’ means a person who claims to be a Gunia, Tantrik,
Kalisi or by any other name called and claims or is believed of having supernatural or magical power to control or cure a witch by performing rituals to free a women from evil spirit or bless a woman with a child or perform any ritual on behalf of any person with an intention to harm other person. ‘Witch-hunting’ means any act of omission or commission or conduct on the part of any person, identifying, accusing or defaming a woman as a witch. This also includes causing harassment, harm or injuring such woman both mentally or physically and damaging her property. law has prohibited the practice of witch-craft and witch-hunting in any form whatsoever.
The legislative intention is abundantly clear to prevent and punish the perpetrators of such crimes which are cognizable offences. The punishment for such offences in different States is imprisonment and fine. Similarly, whoever forces any women, branding her as a witch, to drink or eat any inedible substance or any other obnoxious substance or parade her naked in public, painting her face or body and displaces her from house shall be punished.
Whoever practices witch-craft with intention to cause harm or injury to any women shall be punished. There is also punishment for witch-doctor who performs any such practice of black magic knowing that such practice shall cause harm or injury to any woman on whom such practice is performed. The provisions of Odisha Witch-hunting Act shall be in addition to and not in derogation of the provisions of any other law for time being in force like the Indian Penal Code, the Human Rights Protection Act and SC/ST Atrocities Prevention Act etc. It is gratifying that there is provision for giving compensation to the victim of witch-hunting as it is a worst form of violation of human rights of woman apart from crime committed on woman. This is also a crime against humanity which has to be dealt with iron hand only by condign punishment.
The law has made provision that the court shall in fixing the fine amount award compensation from the fine amount for cost of treatment and also damages done to the property of the woman, while passing judgment. However, the Odisha Act does not provide for rehabilitative measures for the victim of such crime which has to be addressed by necessary amendments of the law. The punishments are not adequate to combat with such crime which has a larger dimension engulfing the society.
Over and above, in view of the gravity of the offence and serious nature of the crimes which are non-bail able offence, such cases should be tried by the court of sessions and designated special court.
In the convention, the former ADG Crime Branch informed the house that there is only one conviction for the offence so far in the State. Hence, there is a necessity of special public prosecutors for effective prosecution leading to adequate punishment of the offender. Such offences have spread its ugly tentacles to different parts of the country, creating a menace to the society. These offences are certainly the most degrading type of human treatment meted out to women and are flagrant violation of their human rights. Therefore, it calls for severe and exemplary punishment which would check-mate the offence and would send a message to the society.
As divergent laws are in force in different States across the country, there is urgent necessity of a uniform, comprehensive national legislation (Central Act) to deal with the offence and prevent witch-craft and witch-hunting which would go a long way to tackle the menacing problem. This was also the consensus of opinion expressed in this regard in the convention. Significantly, a Member of Parliament has recently brought a Private Bill for a Central legislation on the subject which has to be addressed to strengthen the existing law.
Concluding, there is a necessity of a massive legal awareness among the people, mainly of the rural population, about the evil practice of witch-craft which will reduce the recurrence of the offence prevalent mostly in tribal and village areas. It would be appropriate to direct the State legal Services Authority to take up awareness programmes against the evil practice of witch-craft, witch-hunting and sorcery etc.
(Prof Das is a former Special Judge, CBI. Mob: 9437022723)