She-devil Chase in India: A Tyrannous and Grotesque Practice Against Women

Picture Courtesy: https://www.history.com/topics/colonial-america/salem-witch-trials

This article was written by Swagatika Behera a student of KIIT University

ABSTRACT

Witch-hunt is a scandalous and shameful custom compatible in present-day world, presenting a picturesque of domestic assault against guilt-free women. This article tries to draws its attention that in the name of superstitious ceremony people are committing dreadful crimes and atrocities against the women and girls to make a total reign of male-power. It also focusses on the districts of Assam where witch-hunt is quite common despite stronger laws enacted by the state. The article also highlights some fearful events happened in the 17^th-19^th Century and massacre of people on the labelling of witches. It comprehends how India is in touch with International instrumental laws in eradicating such frightful scenes, accompanied by several Articles of the Indian Constitution which gives rejuvenated lives to the suffered and aggrieved women. Finally, it provides a hope towards the betterment of the society by enacting single and methodological solutions to these supernatural beliefs.

INTRODUCTION

“Thou shall not suffer a witch to live”- Bible (Exodus 22:18)[1] She was just an evigheden lady. She was fiery brave iron soul. She was having ocean of wisdom and enlightenment. Her gustiness, derring-do and moxie spirit even frightened men. She was prowess and her intrepidness made her live freely as men used to, but the destiny of this great woman turned to hell of torment, captivated, abused and later on burnt alive. This is the true and chilling story of Joan of Arc, of Agnes Sampson, of Merga Bien, of the Salem Witches.[2]

Witch-hunting is basically a fearful practice by targeting innocent people whose perspectives are thought to be different from others and unreasonably proving them harm to the society and tried as a witch.  Though we are living in a 21^st Century equipped with modern day-to-day businesses but the horrific events that took place before 17^th Century against women still has its effect in certain places of the world. Belittling and lowering the dignity of women to the extreme level continues to be the modern-day practice generally pertinent among the typical tribal groups and in exterior parts of the remote countries.

India is a huge multi-dimensional land having crores of diversified population, witnesses the ugly truth of mystical beliefs and wrongful practices. Salem witch trials in the 17^th century is the worst nightmare ever but India is in no deviation to such scary and heart-throbbing ill-performances. Among such, witch-hunting is the horrendous and eerie trapping of innocent women by levelling them as witches and killing them alive. Today in digital India mostly the economically backward women are the victims to this psychotic practice. Misinterpretation of religious texts has enabled people to carry out such frightful crimes. Moreover, in few remote interior parts, the Biblical quote “Thou shalt not suffer a witch to live”[3] is being wrongly interpreted and in the name of religion mass poverty-stricken women are killed, raped, tortured, paraded nakedly and burnt alive. The grassroot reason behind this hell like practice is the huge umbrella of male chauvinism always in a urge to crush the women group under their feet. There are various legal laws has been enacted and executed but, in some places, it is failure to wipe it off wholly.

ORIGIN AND HISTORICAL BACKGROUND OF WITCH TRIAL

The term witch has been derived from the old English “wicca” and “wicce” [4] later in the centuries is converted to witch, which generally meant wise who were believed to have studied something about destiny and future upcoming, the origin of the word is quite vague due to lack of evidences. In the earlier period witch women were referred as wisdom group but with passage of time they were given publicized name as demon figure owing to religious misinterpretation. It is inexplicit about the coming into existence of the witches, so the reference is often taken from Bible, the story of King Saul who hired the witch named Endor to revive the spirit of the prophet Samuel to defeat the Philistine army, written by Samuel in his book around 931 B.C. and 721 B.C.[5] ‘Malleus Maleficarum’ [6] (1486) written by the two respected Dominicans of Europe, is a documentary book containing detailed study of witchcraft and the paths to connect them. The outspread hysteria witches, hunting of people by levelling them as witches and burning them alive became one of the major criminal practice.

England Witch trials:

During the period of Queen Elizabeth, the famous witch trials took place that is ‘The Chlemsford Witches’ and ‘The Pendle Witches’ supported by the King James 1 in the 1600s.

Europe Witch-Hunt:

In Europe during the period of 1581-1593, huge mass over 368 people were the victims of witch-hunt ‘Trier Witch Trials’ which including reputed professionals.

Salem Witch Trials:

With the progressing days the hysteria witch in Europe ended, the misery got a new wing in the war days between French and British, widespread smallpox and attacks from the American Tribes. All these factors led to the famous witch trial that happened in 1962 at Salem, Massachusetts. The first witch trial in Salem started with the nine-year old girl Elizabeth parris and eleventh-year old Abigail Williams after they behaved abnormally by screaming and wild body distortion (in real sense it occurred due to poisoned fungus led to delusional behavior). This followed the massacre of 18 people and 150 were tried as witch including both men and women.[7] The trial though has brought into force many legislations but its relevancy is still in continue to exist.

WITCH- The monstrous pestering reality truth:

“If a black cat crosses your path, it signifies that the animal is going somewhere” – Groucho Marx[8].

Origin:

Witch hunting in India is regarded as a long practice and they are being called with names like ‘Chudail’, ‘Tohani’, ‘Dayan’ [9], etc., but when it started is actually irrational and absurd. Assam is popularly known as ‘The Indian capital of black magic’ especially in the Morigaon district for 100 years and is also famous for having medium where people mystically believe to learn witchcraft there. Witch hunting is clear practice in the far-flung and unreachable areas in India mostly in Assam, Bihar, Chhatisgarh, Odisha, Gujarat, Haryana, Jharkhand, Madhya Pradesh, Maharashtra, Rajasthan, Uttar Pradesh and West Bengal. This dreadful performance is mainly carried out by the ‘Ojhas’ community and women fall prey to this, they are accused as witch and paraded naked by balding them, tormented, forced to feed on human excreta, raped and thrown out of the villages.[10]

Two nightmare events that took place during the Colonial period (17^th Century and 18^th Century)-

1. During 1857, witch-hunting was very prominent, according to the Reports produced by the National Archive Records, laid that nearly thousand sinless people were tried as witches and were killed, this took place in the Eastern India at Chotanagpur region (Sinha, 2007)
2. Some evidences have been found that witch hunts in India were very eminent among the Santhals around 1792.

Women are targeted mostly as witch trials. Widows, elderly women group and woman having weird physical appearance that is blonde hair and color of the skin. Patriarchy societal structure, fallacy and folklore beliefs, high illiteracy rates and unavailability of enough basic amenities are revolving factors for witch-hunting, where they play the blame-game on women if anything bad happens, crops in the village areas fails to harvest or other family disputes relating to property, they are tried as witches and sometimes killed. Women who are purely religious who regularly visit to Temple and serve the Lord utmost, often get misinterpreted by other people and are given the brand name as witch, inhuman treatment or expelled from the society, even their share of land are grabbed. Nowadays, women who stand out the most, mainly who are atheist, having different sets of view, perspectives and way of living are abused as witches by people on social media platforms. Witch-hunting is generally of two types:

1. Calculated Attacks- It consists of well-planned strategies and plotting of various ideas of killing people in the name witch particularly with intention to achieve some mischievous object that can include invasion of others’ property, abusing of women or satisfying male-ego.
2. Surprise Attacks- It is way more monstrous than calculated attack because it is done without the knowledge of the victims, they are on spot tried or sometimes killed even.

LEGISLATION GOVERNING WITCH HUNT PRACTICES:

American actor Madchen Amick has stated, “The whole of witches was that women were speaking up for themselves and fighting for their rights. The whole concept of witchcraft came into play to hold down women and women’s empowerment”[11]. In India witch hunting practices occur every other day taking away the lives of guilt-free people, in order to prohibit all kinds of nuisance and brutal acts, different laws were brought into action both in international, national and at most of the states.

International level:[12]

1. Article- 1, 3, 5, 12, 13, 17(2) and 19 of Universal Declaration of human Rights, protects from any discrimination and upheld equality before law. It ensures liberty and freedom to every human being.
2. Article 6(1), 7, 9(1), 10, 17, 18(2) of International Covenant on Civil and Political right, India has in connection with ICCPR since 1979, grants equality for both men and women to access in the political and civil spheres. It also restricts other people from abridging anyone’s rights, even it strictly checks upon ill-treatment towards human being.
3. Article 2(e), 2(f), 3, 5(a), 14(f), 15(4) of Convention on the Elimination of All forms of Discrimination against Women, it tries to eliminate all forms of discrimination and other forms of inequality against women and girls by promoting their right to freedom and liberty.
4. Article 2, 3, 4, 7, 8, 9, 11 of Declaration on the protection of All persons from being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, it grants protection against all types of tormented situations and ensures total freedom to live to their lives.

National-laws to protect woman:

1. Article 14, 15(3), 15(4), 21, 51, 51A of Indian Constitution basically violates witch-hunting, it also furthermore added are- Protection of Human Rights Act, 1993, Scheduled cates and Scheduled Tribes (prevention of atrocities) Act, 1989.
2. Witch-trials and killing mass people by branding them as ‘Chudail’ or ‘Dayan’ are being punished under Indian Penal Code, Section 302 (Murdering), Section 299(amounting to Culpable homicide), Section 354 (Assault or outraging woman’s modesty), Section 375 (rape).

This offence is generally non-bailable, cognizable and non-compoundable, which punishes for up to seven years. If a person takes life on its own under any compulsion then the imprisonment goes for life time along with fine of rupees 5 lakhs.

3. Promoting ads relating anything to superstition medicines or solution are being prohibited strictly by the Drugs and Magic Remedies Act, 1954.
4. Victims of witch-hunt are protected under the Protection of Human Rights Act, 1993.

State-laws on witch-hunt:[13]

1. Bihar- The Prevention of Witch (Dayan) Practices Act, 1999, grants life to the women community to live it full by protection against any abuse and provides them legal-aid.
2. Jharkhand- The Prevention of Witch (Dayan) Practices Act, 2001
3. Chhatisgarh- Chhatisgarh Tonahi Pratadna Nivaran Act, 2005
4. Odisha- The Odisha Prevention of Witch Hunting Act, 2013
5. Maharashtra- The Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori practices and black magic Act, 2013
6. Karnataka- The Karnataka Prevention and Eradication of Inhuman Evil practices and black magic Act, 2017
7. Rajasthan- The Rajasthan Prevention of Witch Hunting Act, 2015, which basically provides safeguards to the women from being called as witch.
8. Assam- The Assam Witch Hunting (Prohibition, Prevention and Protection Act) 2015. Prior to this in 2001, Assam police came up with Prahari strategy only to protect massacre of women on ground of practicing witchcraft.

Judicial decisions given by the Courts:

1. Tula Devi and others v. State of Jharkhand[14], in this case the Prevention of Witch (Dayan) Act, 1999 was withdrawn due to lack of evidences and the victim failed on her part to prove that she has tortured and labelled as a witch, but the defendants were booked under IPC.
2. Secondly in the case of Madhu Munda v. State of Bihar[15], similar thing happened, the appellant was not able to provide evidence against the barbarous act, so the case got dismissed.
3. State of West Bengal v. Kali Singh and Others[16] case the Calcutta High Court stated that implementation of various laws would not provide any helping hand to wipe off the witch hunt assault rather educating every citizen and purifying their mindset is the foremost thing needed to inculcate so that such dreadful practices can be removed at its grassroot-level.

Road towards a better change:

If we move our eyes towards the Central forced laws then none of such things can be traced, so its high time that there should be specific or particular law should be there on witch-hunt and witchcraft. The movie well-known as ‘Kala Sacch’ was made on real- based witch-hunt story only to convey to the Central Government to enact laws immediately, in this movie a woman named Seeta Devi was allegedly labelled as a witch and tormented to great heights, even her husband was crippled by the village people. The Prevention of Witch Hunting Bill was proposed by the Lok Sabha in 2016 by Shri Raghav Lakhanpal[17] but to its utter distress, it never got passed by the Parliament. To exterminate witch related activities, Pan-India laws has to be enacted as the current passed laws does not suffice to the evil scenario, many offenders are able to escape from such crimes and roaming freely in a continuous mission to target sinless woman in the name of witches.  India has moved towards the light of hope in eliminating such unfeasible mystical performances by signing the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) on 1993[18], and Section 5(a) of the convention advises every state to take stricter steps in removing such illegal practices and ensures a way better livelihood for women.

CONCLUSION:

Women were exploited since ages irrespective of many enacted laws. The problem that lies is not in the laws but the main loophole existing in the minds of the people, which can only be rectified or modified through basic impart of education and people should also make efforts to change themselves with the changing environment. Among such harassments and degradation, witch-hunting is the most petrifying activity carried by mostly the villagers living in the outskirts of the cities. These practices have been brought to light by many NGOs and welfare societies who with full dedication giving their heart and soul to end this evil thing but still it remains in some topnotch corners of the vast country. Right to privacy, right to freedom and liberty, protecting women and young girls from abuse and sexual exploitation and penalizing the witch-hunters are the laws in force but all these are solution to one sided problem, it does not completely eradicates to its foundation to a better well formed state , Central stricter organized laws should come into force then only there is a ray of hope to remove it. In order to achieve civil society furnished with right live with dignity where every woman could enjoy to their fullest affirmative action is the most possible to undertake and eradicate the evil superstitious rituals.

[1] Donald J. Bretherton, “An invitation to murder? A re-interpretation of exodus 22:18 ‘You shall not suffer a witch to live,’” 116 Expository Times 145–52 (2005).

[2] “Witchcraft in INDIA: An Alarming Reality – Rostrum’s Law Review,”available at: https://journal.rostrumlegal.com/witchcraft-in-india-an-alarming-reality/ (last visited August 26, 2021).

[3] Ibid1.

[4] “Where the Word ‘Witch’ Came From,”available at: http://www.todayifoundout.com/index.php/2010/10/where-the-word-witch-came-from/ (last visited August 26, 2021).

[5] “Witches: Real Origins, Hunts & Trials – HISTORY,”available at: https://www.history.com/topics/folklore/history-of-witches (last visited August 26, 2021).

[6] “Malleus maleficarum | work by Kraemer and Sprenger | Britannica,”available at: https://www.britannica.com/topic/Malleus-maleficarum (last visited August 26, 2021).

[7] “Witches: Real Origins, Hunts & Trials – HISTORY,”available at: https://www.history.com/topics/folklore/history-of-witches (last visited August 26, 2021).

[8] “Atrocious Witch Hunting Attacks in India: Need for Central legislation,”available at: https://blog.ipleaders.in/witch-hunting-attacks-in-india/#History_of_Witch_Hunting (last visited August 27, 2021).s

[9] Shamsher Alam and Aditya Raj, “THE ACADEMIC JOURNEY OF WITCHCRAFT STUDIES.”

[10] “Indian Witchcraft and Primitive Forms of Belief,” 118 Nature 1926 118:2964 255–7 (1926).

[11] Madchem Amick, ‘Concept of witches’, https://www.brainyquote.com/quotes/madchen_amick_816779

[12] “Atrocious Witch Hunting Attacks in India: Need for Central legislation,”available at: https://blog.ipleaders.in/witch-hunting-attacks-in-india/#History_of_Witch_Hunting (last visited August 27, 2021).

[13] “Witch Hunting – a social problem in India – JournalsOfIndia,”available at: https://journalsofindia.com/witch-hunting-a-social-problem-in-india/ (last visited August 28, 2021).

[14] 2006 (3) JCR 222 Jhr

[15] 2003 (3) JCR 156 Jhr

[16] “Witch Hunting – a social problem in India – JournalsOfIndia,”available at: https://journalsofindia.com/witch-hunting-a-social-problem-in-india/ (last visited August 28, 2021).

[17] “THE PREVENTION OF WITCH-HUNTING BILL, 2016 By SHRI RAGHAV LAKHANPAL, M.P. ARRANGEMENT OF CLAUSES – PDF Free Download,”available at: http://docplayer.net/55031871-The-prevention-of-witch-hunting-bill-2016-by-shri-raghav-lakhanpal-m-p-arrangement-of-clauses.html (last visited August 28, 2021).

[18] “Convention on the Elimination of All Forms of Discrimination against Women,”available at: https://www.un.org/womenwatch/daw/cedaw/ (last visited August 28, 2021).