Abstract
Witchcraft, in the larger context, refers to the practice of magic- skills, spells, and abilities believed to influence people or events through supernatural means. Societies, since long, have viewed witchcraft as an extreme of two ends: either harmful sorcery (black magic) or a spiritual practice that could be used for healing, protection, or punishment. These perceptions have deeply influenced how societies respond to such individuals, especially women, who are accused of practicing witchcraft. In India, this is largely interpreted through the lens of local social customs, religious beliefs, and superstition. The term is often referred to as ‘dayan’, ‘chudail’, or ‘tonahi’, typically used to describe women allegedly possessing supernatural powers that cause illness, death, infertility, or natural disasters. Witch-hunting, a persistent and serious human rights issue in India, is driven by superstition, patriarchal norms, and socio-economic disparities, predominantly affecting vulnerable women in rural and tribal communities. This paper is a socio-legal critique which examines state-level legislations designed to combat this menace, starting with Bihar Prevention of Witch Practices Act, 1999. The paper then moves forward with a comparative analysis of the act against similar laws in Jharkhand (2001), Chhattisgarh (2005), Odisha (2013), Assam (2015) and judicial analysis for the same. The paper recognizes that the roots of witch-hunting in India are multi-layered—social, economic, cultural, and patriarchal and the solution for it ought to be socially and culturally sound to be accepted by the masses at large.
Keywords. witchcraft, witch-hunting, dayan, ojha, Prevention of Witch Practices Act, witchcraft accusations.
Introduction
“Unruly women are always witches no matter what century we are in.” – Roxane Gay
They got out of their homes. They spoke their minds, contradicted the existing norms and practices, questioned the prevalent beliefs but they were unaware of the price they would need to pay for it. “Dayan”, they were called. Outcasted, berated, beaten, and even burnt for having the courage to speak their mind and going against the flow established by the honoured men of society.
Witch- hunting, rooted between faith and fear, is a practice casted in a mix of suspicion, superstition, social prejudice and ulterior motives. Far from being the relics of a pre-modern past, such practices are sustained by a confluence of superstition, patriarchal norms, caste hierarchies, land disputes, unsuccessful attempts at establishing physical relations and inadequate access to healthcare and justice. Witchcraft accusations, often leading to social ostracism, public humiliation, physical violence, and even death, are a serious and persistent issue in India, particularly in rural, tribal and economically backward communities.
The central cause arises out of accusations or dismantled beliefs like illness, crop failure, drying of water bodies, demise of someone in the family or other misfortunes which are attributed to be a witch’s curse. The victims, predominantly women who are widowed, aged or single, are branded as “Dayan”, “Daain” or “Dakin”. Accusers often driven by personal gain may be motivated by a desire to seize the victim’s land, property, or to settle personal grudges. In some cases, it is a form of punishment for turning down illicit sexual advances. The accusers could be community members, and a “witch doctor” (known by various names like ojha or tantrik) who often play a pivotal role in identifying the “witch” for which they are thanked and revered by most.
Acknowledging the persistent and particularly lethal nature of such practices, several state governments enacted legislations to criminalize witch- branding and related acts. The earliest among these was the Bihar Prevention of Witch (Daain) Practices Act, 1999 that aimed to address crippling issues like witch branding, the involvement of ‘Ojhas’ or ‘tantriks’ and the violence stemming subsequently. Following lead, other states like Assam, Odisha, Jharkhand, Rajasthan and Chhattisgarh, adopted increasingly expansive laws in this regard.
It now becomes imperative to examine critically, the socio- legal efficacy of these state laws against witch hunting and analyse the loopholes or implementation issues, if any, to have the concurrence to propose reforms. The question in highlight is whether existing laws are sufficient to curb witch hunting?
Research methodology
This is primarily a qualitative and doctrinal research. In this paper, we explore and critically examine the social conditions of witchcraft accusation victims, the sociological and psychological consequence thereby and the relevant legal framework involved and brought forth for their protection in terms of their efficacy. Primary sources of data collection include the statutes in existence, FIR data and NCRB reports alongside articles, books and NGO reports acting as secondary supporting material. This socio- legal analysis links law with the ground realities of caste, gender and rural structure that is well- predominant in India. A comparison of existing frameworks between Bihar alongside Jharkhand, Assam Odisha and Rajasthan is included while limitations like lack of uniform data, regional variations, reliance on only reported cases while a majority of cases of such nature go unreported are duly acknowledged.
Literature review
- Witchcraft and Witch-Hunting in India: A Socio-Legal Analysis
This paper by Ankitha critically analyses the persistent social ill. It uses a regional case study approach to illustrate the severity of the issue in states like Jharkhand, Odisha, Chhattisgarh, Assam, and Rajasthan, where such acts are often sanctioned by local community leaders or ignored by law enforcement. It discusses how fundamental rights under Articles 14, 15, and 21 of the Indian Constitution are blatantly violated in such cases.
Firstly, we look into the socio- cultural background of the practice in India where the practice is looked into as a social weapon used to justify violence, exert control, and eliminate resistance—especially against women who do not conform to societal norms. The reason for the same ranges from the convulsion of patriarchy, poverty, superstition, illiteracy, and power structures predominant in the society. The victims are mostly poor or elderly women from lower castes or poor financial backgrounds who are seen as ‘easy targets.’ The consequence from the same is that once branded, these women are subjected to brutal punishments, involving beatings, being paraded naked, forced exile, lynching and even been burnt at a stake.
On a state specific level, Jharkhand and Bihar here have the most number of victims arising from such cases where it recorded hundreds of witch-hunting cases in the last two decades. It is followed by Chhattisgarh where in many Adivasi regions, the belief in witchcraft is deeply entrenched and local panchayats often authorize exorcism rituals or physical punishments involving victims been tied to trees, beaten, and forced to drink urine under the guise of removing spirits. Other states included are Assam, West Bengal, Gujarat and Odisha where the Prevention of Witch-Hunting Act, 2013 was introduced after a string of murders and social boycotts in tribal areas.
Legal provisions criminalizing witch- branding like Section 302 IPC replaced by Section 101 BNS having punishment for Murder, Section 307 IPC replaced by Section 109 BNS regarding Attempt to Commit Murder, Section 323 IPC replaced by Section 115(2) BNS for voluntarily Causing Hurt and Section 506 IPC replaced by Section 351 BNS for Criminal Intimidation are also analysed. State specific legislations are focused on newest & strongest Laws like the most progressive and recent among them which is the Odisha Prevention of Witch-Hunting Act, 2013, serving as a model framework. Gaps in such legislations and human rights and constitutional dimensions are explores intricately following a comparative law perspective with Ghana and Tanzania.
- Report Analysis
National Crime Records Bureau (NCRB) data shows that more than 2,500 people were murdered on alleged charges of practicing in witchcraft in India from 2000 to 2020. Visible reductions in witch-hunting cases occurred since the implementation of The Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2018, the crime has not been eradicated, Assam Police data shows 32 cases registered between 2022 and 2024.
According to a survey conducted by the Trust in Bihar in 2023-24, this practice continues after 25 years of the passing of the Prevention of Witch Practices Act, 1999 in Bihar. “At least 75,000 women—possibly two or more women per village in Bihar—live under the constant threat that comes with being accused of being a daayan,” Dipta Bhog from Nirantar Trust, a community-level feminist research and advocacy organisation based in Delhi told in an article titled ‘At the gate of 2025, women are still branded witches, forced to eat faeces, and even killed in India’by Frontline.
Method
- Examination of Bihar Prevention of Witch Practices Act, 1999
This Act is one of the earliest pioneering legislations specifically targeting witch- hunting in India. Its primary objective is to prevent the identification of women as “witches” (often termed “Daain oy dayan” locally) and to curb the associated torture, humiliation, and killings with it.
The act criminalizes the identification of any woman as a witch through words, actions or conduct and prescribes penalties for physical and mental torture towards anyone identified as a witch. It punishes abetment, conspiracy, aid, or instigation in the identification of a witch with the intent to cause harm while also criminalizing practices by “Ojha” or similar persons who claim to cure witches through “Jhadphook” or “Totka,”. If such practices causing physical or mental harm are recognized, they are treated as cognizable (police can arrest without a warrant) and non-bailable offenses. Penalties include imprisonment up to 3 months or a fine of ₹1,000, or both for identifying a witch or any abetment therein, imprisonment up to 6 months or a fine of ₹2,000, or both for causing harm or torture and imprisonment up to 1 year or a fine of ₹2,000, or both for the conducting of any harmful curing practices.
Notable limitations of the act are that its penalties are relatively less stringent compared to later acts in other states. Additionally, the definition of witches is specified to be a ‘woman’ under this act which is looked into as negative by many for in present times, even men are being subjected to accusations of black magic and killed. They are not offered any protection under the act.
- Comparison with Other States
Jharkhand: Jharkhand Prevention of Witch Hunting Practices Act, 2001
Jharkhand’s act is mostly based on Bihar’s act itself for Jharkhand was carved out of Bihar in 2000. The act shares various definitions and prohibitions with the Bihar act including the criminalization of Witch Identification and practices done by Ojhas. However, in this act, stricter penalties are imposed for offences in comparison to Bihar. Identifying a witch can lead to imprisonment up to three months and a fine, similar to that of Bihar, but other offenses like torture or murder under the pretext of witch-hunting carry significantly harsher punishments, including life imprisonment in cases of death of the victim. Various forms of torture done to victims are also elaborated in the act like being paraded naked or causing grievous hurt. Under the Act, compensation is provided to victims which is a crucial aspect for rehabilitation.
Chhattisgarh: Chhattisgarh Tonahi Pratadna Nivaran Adhiniyam, 2005
This act is more culturally resonant as it uses ‘Tonahi’ for witch and ‘Ojha’ for witch doctor. Like the Bihar Act, offences under this act are also cognizable and Non- Bailable and the cases under it are heard before a Judicial Magistrate First Class.
The Act has stricter penalties where it punishes identifying a person as “Tonahi” with rigorous imprisonment up to 3 years and a fine and has stricter penalties for causing physical or mental harassment or damage to a person identified as Tonahi with rigorous imprisonment up to 5 years and a fine. Interestingly, it also penalizes a person who claims to have power to harm others by black magic, if it disturbs public tranquillity while specifically penalizing “Jhar-phook,” “Totka,” or use of “Tantra-mantra” by an “Ojha” if it causes harm. Provisions for awarding compensation to victims from the fine recovered are also present.
Odisha: Odisha Prevention of Witch-Hunting Act, 2013
The Odisha Prevention of Witch-Hunting Act, 2013 provides broader definitions for not just their identification of “witch-hunting” and “witchcraft,” but also encompassing various harmful acts. Offenses under this act are also cognizable and non-bailable. It penalizes explicitly the practice of witchcraft with intent to cause harm, not just witch-hunting alone along with witch doctors performing harmful practices. Imposition of rigorous imprisonment and substantial fines is a key development. For witch-hunting, imprisonment can extend to three years and a fine of not less than ₹1,000 while practices of witchcraft with intent to harm can lead to imprisonment of one to three years and a fine of not less than ₹5,000. It mandates the court to consider physical and mental damage, and treatment costs when imposing fines and directing compensation to the victim and includes a provision for the State Government to conduct awareness programs against blind beliefs. It is seen as one of the advanced Laws India has in this regard.
Assam: Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015
Often considered one of the most robust laws against witch-hunting in India it was considered he strongest legislation at the time of its enactment. Offenses herein are cognizable, non-bailable, and non-compoundable, ensuring serious legal action. It has a broader scope wherein it prohibits, prevents, and protects persons from witch-hunting, with a clear focus on eliminating torture, oppression, humiliation, and killing. Severe penalties are provided under the act. For Identifying or accusing a person as a witch Imprisonment from 3 to 7 years and a fine of ₹50,000 to ₹5,00,000 is stated. Causing death of a victim can lead to life imprisonment or even the death penalty in extreme cases, though specific details on the death penalty might vary based on judicial interpretation and specific sections of the IPC applied in conjunction, and other offenses like assaulting, parading naked, or damaging reputation carry significant imprisonment terms and fines. It also empowers the State Government to designate Special Courts (not below the rank of Additional Sessions Judge) for speedy trials. The act also places strong emphasis on relief and rehabilitation for victims, and compensation from the state.
Judicial Analysis: Landmark Judgement
Madhu Munda v. State of Bihar (2009 (1) BLJR 964)
In the landmark judgement in the case of Madhu Munda v. State of Bihar, by the Jharkhand High Court, the court was dealing with a horrific incident that arose out of sheer superstition and social discrimination. The accused, Madhu Munda, had branded a woman in his village as a “dayan” (witch) which is a term heavily loaded with social stigma in several rural and tribal parts in India. Promoting on this branding, he provoked fellow villagers to physically assault the victim. Dreadfully, the woman succumbed to the injuries that she had sustained during the brutal assault.
The branding of the victim as a ‘dayan’ was not just an expression of blind trust in the existence of supernatural forces but also the prominent manifestation of deep-rooted patriarchal control, societal illiteracy, and the settling of personal vendettas under the guise of believe and blind faith.
The standing legal issue before the court was whether under the Indian Penal Code, such a horrific act of witch-branding and the violence arising therefrom, be effectively prosecuted, despite the absence of a explicit statutory provisions targeting the evil. The High Court ruled the conviction of the accused under Section 302 (murder) and Section 506 (criminal intimidation) of the IPC. It was held that customary superstition or beliefs could never be vindicated as a defence for a horrific criminal act, one as grievous as a murder.
The court observed that a gross violation of human rights, particularly of women from vulnerable communities like Adivasi, tribes, scheduled castes, etc. was done through witch-hunting. It pointed out the urgent need for legal restrictions, rigorous punishment, and having widespread social awareness and education to exterminate such harmful practices. This is a strong judicial criticism of witch-branding and reiterates the judiciary’s pivotal role in upholding constitutional values in comparison to regressive social ones.
Suggestions
The grievous nature of the practice of witch- hunting calls for immediate action. Our fellow country women and men too, continue to be accused of being witches and are subjected to inhumane torture and exclusion that is not viable for: all man is, is a social creature. It is high time that we recognize the need for a Uniform National Law against the ill of witch- hunting in place of these fragmented state laws. This will help ensure that no one has to unjustly suffer irrespective of their geographical periphery in the country and may also help deter such crimes through making provisions for more stringent penalties under the aforesaid law.
Such law must also incorporate better means for rehabilitation for the victims and promote their re- incorporation in the society. Furthermore, compensation to the victims must be adequately provided to make up for the physical harm and mental torture that they suffer to help reinstate them to their original position if not better. Special Fast track courts may be set up to effectively deal with such crimes and victim- friendly procedures must be adopted so that they do not have to face the wrath of the common consensus for standing up against the wrong. There must be better implementation through police training and time- bound trials.
There must be mandatory awareness campaigns held, especially in rural and tribal areas, to promote public dialogue and aid in social advancement. This must be integrated with mental health care and counselling initiatives and community level intervention must take place like increased panchayat accountability and improvised school curriculum on superstitious beliefs. There is urgent need to address gendered dimensions through protection of widows, Dalits and Adivasi women.
Conclusion
Witch-hunting is a socio-cultural problem that requires more than just punitive laws. The legal aspect of this issue is important but not necessarily sufficient to curb the issue. The problem needs to be addressed in society at large both socially and culturally. Exploitation of individuals, be it a man or a woman in the name of culture and faith is not acceptable and should be curbed at the earliest. The Bihar Act and other state laws are just a start but they do lack the uniformity and effective implantation to eradicate the evil. Legal reform must hence, go hand in hand with social reform, increased awareness and promoting gender justice. At the crack of dawn, the issue needs a holistic approach combining law, policy making, education and community empowerment and improvement.
By: Dipika Sharma
New Law College, Bharati Vidyapeeth, Pune.