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The Prevention of Witch (DAAIN) Practices Act, 2001

INTRODUCTION –

This Act is to provide the measures for the prevention of identification of


women as a witch. It is generally applicable in tribal areas and other areas
of the State of Jharkhand.

APPLICABILITY –

If a person identifies any other person as a witch then he may be punished


for a term which may extend upto 3 months or with a fine of Rs 1000 or
with both. This clause may be extended if the person applies mental and
physical torture then the punishment can be extended upto a imprisonment
of 6 months or Rs 2000 or with both. Anybody performing ‘Jhadphook’ or
‘totka’ for allegedly curing and anyone said to be witch and does physically
or mentally harm or torture any person, shall be punished for a term upto 1
year or Rs 2000/- or both.
It is a cognizable and non-bailable offence and any rules and provisions
shall be made by the State Government in the official gazette.
In reality, the Act has proved unable to provide for effective preventive
curative or punitive measures for women who have been labelled as
witches.

Effective ways to curb the practice –

1. To spread awareness.
2. Strict punishment should be imposed on the persons practicing it.
3. To impose speedy trial
The Prevention of Witch (DAAIN) Practices Act, 2001

Role of legal services institutions –

1. To provide free legal aid to the victims.


2. To conduct counselling sessions for the victims
3. To organize camps as a preventive measure.

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