Anti-Witchcraft Laws in India

Introduction: The history of witchcraft, as a subject, is as old as the world and very vast
having different theories regarding it. Witchcraft, traditionally is the exercise of
invoking such supernatural powers that could control people or events, witchcraft is a kind of
practice that typically involves sorcery or magic. Witchcraft has been seen in many cultures
and it has different names and connotations. It has said to originate in the West from the
crones who were said to meet in the dark and indulge in certain dark activities like
cannibalism and performing orgiastic rites with Devil, or Satan. Witchcraft has said to have
two types. One of its forms, its intrinsic, and another form can be learned and acquired with
rites.1 In some cultures, witches are wholly deemed as evil but, in some cultures, they are
termed as ‘Witch Doctors’ as their job involves releasing people from evil spells. The belief
in witchcraft was during the Age of Exploration but later people revolted against witches in
different societies and witch hunts began from the 14 th to 18th century. The people's faith and
unshakeable belief in magic and divination, and the various attempts associate with it to
influence life and various aspects of it like personal well-being, long life, love, etc are some
of the features that can be seen across human cultures 2. Over the centuries there have been
various instances where women were seen as a threat and were killed based on suspicion. In
today's world where the advancement in technology has reached the moon, some societies are
still oriented towards such dogmas.

Indian Context

India is a land of various cultures, beliefs, and ideas it has from time immemorial been
associated and symbolized with various mythical legends. It has a profoundly rich history,
with mention of various legends and evil things. Witches in the Indian subcontinent have
been given names such as Chudail or Dayaan. A Chudail is said to be a ghost of a woman
who has died due to unnatural ways and because of her unfulfilled wishes or revenge, she
arises from the death. There are various stories about witches in India. E.g., For the north
Indian state’s natives believe that Chudails have a supernatural ability to change their

1
‘Witchcraft’ (Encyclopaedia Britannica, 26 April 2023) accessed 3 June 2023

2
‘Witches: Real Origins, Hunts & Trials’ (History.com) accessed 3 June 2023
physical form. Witches in India have been classified under three categories, regard has been
given to the vast diversity in culture and beliefs. These types are neighborhood witches,
magical witches, and supernatural witches. One of the UN reports revealed the pitiful status
of women in this regard and pointed out that about 25000 innocent women fell prey to witch-
killings that occurred between 1987 and 2003 in India. 3Such reports bring out the dark side of
society. Killing a woman on the suspicion of her being a witch is totally against the human
rights of an individual. It is derogatory and it hurts the modesty of a woman. Such practices
shock the conscience of the society. It comes as a shock to a society like India where women
have been worshipped as goddesses but at the same were being killed and called witches.

Laws Related to Witchcraft

When it comes to witchcraft in India Jharkhand ranks highest. The crimes against women and
children are the highest in this state. These murders are those that people do not report due to
fear of the upper class, being ostracized from their community, social boycott, and other such
things. The numbers of death don’t take into account instances that are purely inhumane and
violates the right to live a life with dignity. The women who come under the suspicion of
being a witch were forced to parade naked in the village square, to eat feces. They were
induced with the fear of banishment and ostracization; all of this happens in a society at large
but no one bothers to save the victim as they are themselves indulged in superstitions and
social dogmas. These instances do not even result in a police warrant as they are not filed.

The situation of women in Jharkhand is alarming to the society at large. Various special state
laws have been made in this regard that helps save the liberty of women. Several NGOs have
come up to curb the situation in Jharkhand. One of them is Rural Litigation and Entitlement
Kendra. This organization took a big step on behalf of 1000 women living in rural areas of
Jharkhand by filling a PIL in the Supreme Court against abuse related to witch-hunting. This
initiative is indeed huge and it can prove beneficial to women. 4 Partner for Law in

3
Soma Chaudhuri - MSU Research Consortium on gender-based violence. Available at:
https://vaw.msu.edu/wp-content/uploads/2013/04/SChaudhuriCV1.pdf (Accessed: 03 June 2023).

4
Alumni, I.F. (2023) The ‘witches’ of Jharkhand, India Fellow. Available at:
https://indiafellow.org/blog/all-posts/the-witches-of-jharkhand/ (Accessed: 03 June 2023).
Development (PLD) 1998 is a group of legal professionals working in the spheres of social
justice and promoting women's rights and women empowerment in India. This organization
has pointed out that witch-hunting has both long terms and short-term consequences. It puts a
stigma on the whole family rendering them ostracized from mainstream society. Verbal
5
taunts and slurs aim at demolishing and isolating the victim and his family. Women are
abused, harassed on the assumption that they are witches. They are being shunned by the
people affecting their mental and physical health. It points out the backwardness of the
society. Now the reason for such inhumane behavior is not limited to superstitions only, now
other reasons are also prevalent in this regard such as property disputes, personal grudges, or
caste discrimination. When immediate family members protect the victims, they do so in
great danger to themselves. No special laws or national legislation were made since the post-
independence era. Special laws at the national level must be made for this issue prevailing in
India. The Indian Penal Code, of 1860 has laid down provisions for punishing offenses that
are committed in the processes related to Witch-hunting. The perpetrators were to be put
behind the for the period of one year and fine to be paid is up to 1000 rupees for deliberate
hurt. Section 354 provides punishment against whoever outrages women’s modesty. 6 In case
the ulterior motive of perpetrators accusing women of witchcraft is to acquire her property
then Section 382 provides provision for being under incarnation for ten-years. 7 Jharkhand
drew its inspiration from Bihar legislation against witch-hunting and thus established the
"Anti Witchcraft Act" in 2001. The main aim of this legislation was to protect women against
any kind of ill-treatment in the name of witch-hunting and provide legal solutions for any
such abuse. These legislations have provided stringent rules against the offenders and had
laid down provisions to compensate victims financially too. India being a signatory to the
Convention on the Elimination of all forms of Discrimination Against Women, puts India in a
mandate to bring gender equality and gender justice in the country.

Indian society has grown as a well-established society in the eyes of the world. Some
superstitions are still believed in India which causes problems to many innocents. Branding
someone as a witch has mental, social, and legal repercussions. Society believes that
subduing the voice of such victims is easy as most of the women who are branded as witches

5
‘witch-hunting’ in India? do we need special laws? Available at:
http://pldindia.org/wp-content/uploads/2013/03/Witch-hunting_in_India.pdf (Accessed: 03 June 2023).

6
Indian Penal Code 1860, s 354
7
Indian Penal Code 1860, s 382
belong to weaker sections of society and usually are women who live alone. On one side
India is developing as a nation in all spheres of life but on the other side, people still are
entangled in the belief in the existence of witches. More stringent laws are to be made in this
direction to set an example for anyone who tries to deprive the modesty of women.

Conclusion: The history of witches is very old worldwide. Various theories prove and
disapprove of the existence of witches. In the 21 st century, all these concepts seem vague. But
in some parts of India like in Jharkhand women are still abused in the name of black magic
and witchcraft which depraves the modesty of a woman and scraps women's right to live with
liberty and dignity. The government has been working in this regard to make such provisions
that not only provide punishment to the offenders but also provide financial benefits to
victims. Voluntary organizations are also working in the direction of curbing the situation of
witch-hunting in India. It is a social dogma; it should be banished.