WITCH HUNTING IN INDIA: A SOCIO-LEGAL STUDY WITH

SPECIAL REFERENCE TO ASSAM

A Dissertation Submitted in Partial Fulfillment of the Requirements for the Award of the Degree of
Master of Laws (LL.M.)

SUBMITTED BY:

UJASHRI DOLEY

LAM 19017

LL.M FOURTH SEMESTER

Under the Guidance of Angel H. Syiem

Assistant Professor,
Department of Law
 Background of study
1. Branding someone as a witch restricts no caste, class,
religion or region. Which justifies that witch hunting as [PART 1] Existence of witch hunts even after state legislations, IPC
and other laws through NCRB (2008-13)
not just practice among the tribal’s but also among the
dalits and other minority communities too.
2. Women were burned alive, killed, tortured, chased out,
raped, paraded naked, forced to eat human excreta, drink
7%
human urine, mutilated, kidnapped, beheaded, shaved All India
7%
and blacken the face, made to stay up with the dead Jharkhand
5%
person until she makes the person alive and if not, she is Haryana
forced to eat the dead body etc. 5% Chhattisgarh
Madhya Pradesh
3. Witch-hunting involves not just between the illiterates but 53%
8% Odisha
the literates too. For e.g., as found from the study, the Andhra Pradesh
police officer who denies taking the FIR, the murder due
to witchcraft in urban cities like Delhi and Mumbai as per 16%
NCRB of 2014-19.
4. The chart presented clarify that the existing state laws
lack proper execution of laws.
5. Map 2 of page 6 that shows the surveyed map of witch Recorded percentage of deaths due to witch
hunting practices in Assam, shows the factors behind the hunt from 2008-13
implicate witch hunt.
 Mohammed Ankoos and others v.
State of Hyderabad (2010) 1 SCC
460.
 Witch hunting in assam Registered witch-hunting cases in
Assam since 2001- 2019

According to the chart mentioned herein, there are reportedly a total

of 133 death cases on witch-hunting and this exceeds with Kokrajhar
at the highest number of death due to superstitious practices on
witch-crafting. Another concern area of the Assam Witch Hunting 45

(Prohibition, Prevention and Protection) Act of 2018 is the absence 40

of the word “witchcraft” making the Act limited to its definition of 35

who is called as “witch”. When in one hand, the act talks about 30
prohibiting and protecting the rights of women from being accused
as a “Daini, Daina, Dakini, Dakan, Bhoot, Bhootuni” on the other 25
45
hand, the Act fails to protect the women from the “witch doctors” 20

(tantrik, gunia etc) who performs witchcraft in finding out the evil 15
spirits or performs rituals on behalf of the other person to chase away 10 24
the evil spirit possessed by a woman 17
5
15

0 10
Kokrajhar
Chirang 6
Goalpara Numbers
Case: Jitu Murmu and Ors. v. State of Odisha BLAPL No. 3707 Udalguri
Nagaon
Karbi Anglong
Figure 2: Chart on witch-hunting deaths in Assam
of 2020. Why is there a need of a definition on
witchcraft under the Assam Anti-Witch
Hunting Act of 2015?
 Review of literatures

Books.

E-books.

Online journal articles.

News paper articles.

Government reports.

Other internet sources.

 Research
Objectives
1. To make a comparative analysis of the Anti-Witch Hunting
legislations passed in different states.
2. To evaluate the challenges in implementation of the
prevalent Anti-Witch Hunting Acts of different states.
3. To identify and analyze the contributions made by
Judiciary and Non-state actors in rehabilitating and
providing opportunities to the victims.
4. To explore the need and possibility of a Central legislation
on witchcraft.
Questions
1. Who is a witch? And what are the reasons behind witch-hunting in India?
2. What are the International and National obligations of India in Protecting and
eliminating the discrimination against women through ritual practices?
3. What are the reasons behind the lacunae of administrating and implementing
the existing laws and statutes of witchcraft?
4. What are the differences of the Anti-Witch Hunting Act of Assam with that of
other state legislatures?
5. Why is there a need of a definition on witchcraft under the Assam Anti-Witch
Hunting Act of 2015?
6. Whether there is a need of a Central legislation to prevent and protect women
from discriminatory ritual trials?
 Contents
1) Introduction 4) Case Analysis

i. Background of study i. The wave on witchcraft and witch-hunting: 1954-1998

ii. Research problem ii. The wave on witchcraft and witch-hunting: 1999-2005
iii. Review of literature iii. The wave on witchcraft and witch-hunting: 2006-2016
iv. Research objectives iv. The wave on witchcraft and witch-hunting: 2013-2017
v. Research questions v. The wave on witchcraft and witch-hunting: 2018-2020
vi. Research methodology 5) The Role of Non-State Actors
vii. Chapterization.
vi. The Padma Shri awardees of 2021
2) Tracing the origin and reasons of the act.
vii. Other Social Activists which brought a separate legislation to their State on the
viii. Witches presented in Media and the influence of European literatures issue

ix. The hunting of witches in India with special reference to Assam viii. The works of the NGOSs in different states
x. Conversational incidents of witchcraft in rural villages of India  The Project Prahari
3) Case analysis.  Mission Birubala
xi. Analytical approach on the existing legislation  North Bengal’s People Development Centre (NBPDC)
xii. The issues related to weak implementation of the existing laws through NCRB data  Maharashtra Andhshraddha Nirmulan Samiti (MANS)
xiii. The need for Central Legislation 6) Conclusion and Suggestions
1. Who is a witch? And what are the reasons behind
witch-hunting in India?
TRACING THE
ORIGIN AND
REASONS OF The picture depicts of 14th century in Europe,
where the court trial’s an accused witch through

THE ACT various test. One of which was the “swimming

test”. It was done by tiding the woman and
throwing her into the water. It was believed that
a witch would never sink, because water is the
symbol of purity and it would never accept the
body of a witch into it and make the body float.

The term witch when compared to reality and media is a complicated term to be explained. It can be a
term used for self-empowerment that one wishes to use for themselves, it can be a way of life, it can be a
societal strategy created by men to dominate the vulnerable, and it can be anything that cannot be
Its origin
explained in scientific language. is traced
out from
The Malleus Maleficarum or the hammer of witches or the witch hunter’s bible was written for Germanic
German
audiences only but was later found to be very influencing among other parts of the globe. The idea of
literatures
witches and executing them actually received legal proceedings through this book
and
availed
Young generations today are influenced more from social media platforms. In such a situation when
social
there are movies like Wizard of Oz, Harry Potter, Hocus Pocus etc. they get directly influenced to this media
platforms
demonological thinking of existence of witches and wizards.
 The hunting of witches in India with
special reference to Assam
Mishing community of Dhakuwakhana,
Assam, India, celebrating Dobur. Dobur
 About 8.6% of India’s populations consist of Scheduled Tribes in India
which is approximately 104 million people as per 2011 census. And
Deodhani folk dance by bodo-kachari these tribes differ from one another according to their regions and
practice their own faith of worship.
 For decades, the north-east region has been missing out of India’s
growth story. Militancy used to be actually an everyday reality here. So,
while the local government focused on conflict, the belief in witches
and supernatural powers went unchecked.
 The superstitious beliefs on the types of witches, branding of witches
and purges of witches in India are similar as described by the foreign
literatures.
 According to Silvia Federici, 25000 women were murdered since 1987-
2003 in India.
 The first incident of witch hunting in India can be traced from Santhal
Witch trial in 1792 only because most of the incidents were never
reported for any judicial record. It was only during the 1857, mass
witch-hunting came into highlight when thousands of women were
purged as witches
News articles

 Prasun K Mishra, “Bihar villagers chop off 70-year-old tribal

woman’s tongue for practicing witchcraft” Hindustan Times Oct.
22, 2018
 Tanvi Yadav, “Witch-hunting: A Form of Violence Against Dalit
Women in India” CGJSE 169-182 Vol.1, Oct. 2020
 Archana Datta, “Witch-hunting: Victims of superstition?”
Tribune India March 8, 2020
 Ashwaq Masoodi, “Witch hunting | Victims of superstition” Live
Mint Feb 23 2014
2. What are the International and National obligations of
India in Protecting and eliminating the discrimination
against women through ritual practices?
 International obligations
India is a signatory member of the UDHR
since the adoption of the Constitution but it
lacked in protecting the vulnerable people.
The International Organizations like United
Nations Committee on the Elimination of
Discrimination against Women (CEDAW)
which has strived to make the people aware
of the issues related to indigenous places by
since 1995, recognized witch hunting as
discriminatory practice against women and
girls only on 2012.
National obligations
 Constitutional protection of women
under Article 14, 15(3), 21, 51 and 51A
(h) and other legislations like Drugs and
Magic Remedies (objectionable
advertisements) Act, 1954; SC & ST
(Prevention of Atrocities) Act, 1989 and
Protection of Human Rights Act, 1993.
 Indian Penal Code, 1860.
 Special state legislations on Anti-witch-
hunting law. There are a total of six state
legislations on witch hunt today.
Namely: - Bihar, Jharkhand,
Chhattisgarh, Odisha, Rajasthan and
Assam.
 [PART 2] Existence witch hunts even after state legislations, IPC and other laws
through NCRB Recorded number

Problems ?
2019
of deaths due to
88
witch hunt in 2019
16 18 24
2 3 3 5
1 5
1 2 3 3 1 1

Witch Hunting, in top 7 states

140 126
112
120
100 83
80 69

60 40
40 26
20
0
Jharkhand MP Odisha Chhattisgarh Gujarat Telangana

Locating the surveyed practice of witch-hunting in

Assam (Selected District by the Author.
Deaths
 3. What are the reasons behind the lacunae of administrating and implementing the existing laws and
statutes of witchcraft?

4. What are the differences of the Anti-Witch Hunting Act of Assam with that of other state legislatures?
 State wise comment on lack of improper
implementation

Maharashtra and Orissa, Rajasthan

BIHAR JHARKHAND CHHATTISGHAR Karnataka and Assam

is always in the top 5 NCRB list both the states do all three states though
though has the first witch hunt legislation yet it for murder of women due to not have an anti- have a strong legislation
witchcraft since past 10-15years. witch-hunting that prohibits, protects
faces lots of issues related to registration of legislation in the
And it exists till today, because of though increased the and prevents the crime
case. This is found as a mixture of various lack of effectiveness of the act. punishment of the crime, states but strives from rehabilitating the
Most of the cases that are brought yet it lacked in providing to prevent and victim by providing
reasons: i) there were already various types of eradicate evil
before the court until 2013 were conviction, which is very medical necessity to
crime against women so hunting of witches brought under IPC crimes. On low. Most of the cases are practices and providing compensation
reason it was found that the either are either dismissed black magics to children who lost their
was only one of those types. ii) People didn’t which guarantees
punishment, fine, compensation or offender get acquitted parents in the name of
consider witch-hunting as a crime. Iii) lack of and relief provided by the act was due to hostile of punishment for witchcraft are still lacking
ineffective witnesses or lack of maximum of 7yrs in prohibiting the practice
awareness, education, medical facilities, imprisonment and
evidences of witch trial, as seen
availability of vehicles etc. are the burning fine not less than from the NCRB of 2019.
Rs. 5000/-.
issues in rural areas.
OTHER LACUNAE

Each state laws where the deterrence of the same offence was seen differently
with difference in punishments. On one hand the new Anti- witch hunting Acts
that were enacted in 2018, 2015 & 2013 have adequate measures for
rehabilitating the victims and provide free medical assistance by the state and
on the other hand, the old Acts lacked all of them by providing minimum
punishments and mere compensatory amounts depending on the gravity of the
offence and the injury done to the victim. There are also cases like Bhim Turi in
which an FIR was lodged in 2005 and the verdict was received in 2017. It took
12 years for the deceased family to receive justice. And there are also plenty of
cases like Tula Devi, where the court quashes the case because of lack of
evidences.
 5. Whether there is a need of a Central
legislation to prevent and protect women from
discriminatory ritual trials?
 YES
Crime committed against witch hunt is not dealt seriously in the
states which does not have special legislation on the issue. as the
crime when does not amounts to murder, the offence is dealt under
sec. 323 of IPC providing maximum of 1 year imprisonment or fine
of Rs. 1000/- or both. The punishment of Bihar and Jharkhand has
the same defect too; even if there is a special legislation.
Witch-hunting involves not just between the illiterates but the
literates too. For e.g., as found from the study, the police officer who
denies taking the FIR, the murder due to witchcraft in urban cities
like Delhi and Mumbai as per NCRB of 2014-19.
The charts and maps presented shows:-
i. the existing state laws lack proper execution of laws,
ii. the number of states that practice witch hunting in India and the number of
states that treat witch-hunting like a murder u/s 300 of IPC according to 2014-
19 NCRB,
iii. the death rate of witch-hunting in Assam and the absence of word witchcraft in
the Assam (Prohibition, Prevention and Protection) Act of 2015. The Act fails
to protect the women from the witch doctors who performs witchcraft in
finding out the evil spirits or performs rituals on behalf of the other person to
chase away the evil spirit possessed by women.

Most of the states does not have anti-witch hunting laws.

India is bind under International and National obligations in Protecting and eliminating the discrimination against women through ritual

practices.

THEREFORE, IT IS NECESSARY FOR INDIA TO HAVE A CENTRAL LEGISLATION ON WITCH HUNTING.

6. How to decrease the crime?
 WAY FORWARD
 PEOPLE ARE NEEDED TO BE MADE AWARE BUT IN SUCH A WAY THAT IT DOES NOT HURT THE
RELIGIOUS SENTIMENTS OF THE PEOPLE.

 SENSITIZATION PROGRAMS FOR CHILDREN.

 NEED OF PATROLLING OF POLICE LIKE AN UNDERCOVER AGENT IN RURAL AREAS ON REGULAR BASIS
AND PATROLLING OF POLICE THRICE A WEEK WITHOUT BEING UNDERCOVER IN THE AREAS

 EXTRA POLICE TRAINING ON POLICE PATROLLING THAT PROVIDES HANDLING OF SITUATIONS IN

TRIBAL, RURAL AND UNDER DEVELOPED AREAS.

 STRICT PUNISHMENTS AND NOT TO TAKE THE COGNIZANCE OF WITCH-HUNTING CASES LIKE
MURDER.

 NEED OF A CENTRAL LEGISLATION.

 EVERY STATE TO WORK ON THOSE AVAILED EXISTING PROGRAMS WITH PROPER EXECUTION OF
PLANS AND METHODS.
BIBLIOGRAPHY

A. PRIMARY SOURCES.
1) Legislations.
2) Cases.
3) Reports.
A. SECONDARY SOURCES.
1) Books.
2) Journal articles.
3) Newspaper Reports.
4) Internet sources.
THANK YOU