The issue of witchcraft accusations is a
challenge that particularly affects women and children. This article explores
the battle to safeguard rights within the framework of these deeply ingrained
beliefs. Additionally, it proposes constructive measures to rectify this
pressing issue.
Introduction
Every human child is born with a set of fundamental rights, a universally
acknowledged truth that finds expression in various forms across nearly every
country. Among these fundamental rights, the 'Right to Life' holds paramount
significance, enshrined under Article 3 of the Universal Declaration of Human
Rights. In India, it finds expression in Article 21 of the Constitution,
representing a cornerstone for every person. It is widely recognized that the
right to life serves as the foundation upon which all other rights rest.
Tragically, witchcraft represents one of the most heinous and horrifying means
by which this foundational right is infringed in the name of unfounded beliefs
and superstitious practices.
The widespread acceptance of witchcraft beliefs undermines the protection of
human rights by encouraging discrimination, violence, and even homicide. This
presents a challenge because it is often used to manipulate individuals and
communities. To tackle this issue an approach involving educational programs,
public awareness campaigns, and legal reforms becomes crucial.
Meaning of Witchcraft
Although the term "witchcraft" is broad and covers a wide range of practices and
ideologies, in general, it refers to the use of rituals and supernatural or
magical powers to manipulate, influence, or predict events and results. To
achieve a desired outcome, such as healing, divination, or harm to others, these
practices frequently include calling upon spirits, idols, or supernatural
powers. Witchcraft can be viewed as a sort of folk magic in some situations as
well as a spiritual or religious practice. It's important to note that
perceptions of witchcraft can vary widely across different cultures and
historical periods.
Historical Context
Witchcraft beliefs trace their roots back to ancient times when fears and
superstitions surrounded the unexplained phenomena of the world. These beliefs
were often fueled by a lack of scientific knowledge and a desire to find
explanations for misfortune and illness. Throughout history, witchcraft has been
associated with various practices, including spell casting, supernatural
abilities, and communing with dark forces. However, it is essential to separate
the myth and folklore from the reality faced by those accused of witchcraft in
the present day.
Adverse Effects of Witchcraft
Accusations of witchcraft can have numerous adverse effects on individuals,
families, and communities. These effects are often severe and wide-ranging, and
they can lead to significant harm and suffering
Psychological Trauma
Being accused of witchcraft can lead to severe psychological trauma, including
anxiety, depression, and post-traumatic stress disorder (PTSD). The stigma and
fear associated with these accusations can have lasting emotional consequences.
Physical Harm
Accused individuals may face physical violence, torture, or even death at the
hands of those who believe in the accusation. Public executions, lynching, and
other forms of violence have occurred in some instances.
Social Isolation
Accusations of witchcraft often result in social ostracism. Accused individuals
may be shunned by their own families and communities, leading to isolation and
loneliness.
Loss of Property and Livelihood
Accused individuals may lose their property, possessions, or sources of income
as a result of the accusation. This can lead to economic hardship and further
vulnerability.
Legal Consequences
In some regions, witchcraft accusations can lead to legal action and
imprisonment. Accused individuals may face unfair trials and unjust
imprisonment.
Family Disruption
Witchcraft accusations can tear families apart, with accusations sometimes
leading to divisions and conflicts among family members.
Violation of Human Rights
Accusations of witchcraft often involve severe human rights abuses, including
arbitrary detention, torture, and extrajudicial killings. These actions are a
gross violation of basic human rights and dignity.
Community Divisions
Witchcraft accusations can create divisions within communities, leading to
mistrust, fear, and hostility among neighbours and community members.
Stigmatization and Discrimination
Women and children are the ones who experience the most severe consequences and
suffer the most from witchcraft accusations due to their social vulnerability.
These vulnerable groups often become easy targets due to their social, economic,
or personal circumstances. Witchcraft accusations against women are often rooted
in gender inequality and misogyny, while children are targeted due to their
perceived vulnerability and susceptibility to manipulation.
The consequences of witchcraft accusations on women and children are
far-reaching. Accused individuals face social isolation, stigmatization, and
sometimes even violence. Women are particularly affected as they often bear the
brunt of these accusations, leading to a perpetuation of gender-based violence
and discrimination. Children, on the other hand, may be subjected to physical
and psychological abuse, forced labour, or even abandoned by their families.
Abusing women and children in the name of witchcraft is a serious violation of
their human rights. It violates their rights to life, liberty, and security, as
well as their freedom from torture and cruel, inhuman, or degrading treatment.
Laws and Policies Prohibiting Witchcraft Accusations in India
Recognizing the gravity of human rights violations associated with witchcraft
accusations, several countries have implemented laws and policies to prohibit
such practices. India is no exception, with several states having laws in place
to address this issue. These legal measures aim to protect individuals from
witchcraft-related violence and ensure justice for victims.
Prohibiting witchcraft accusations requires comprehensive legislation that not
only criminalizes the act but also addresses the root causes of these beliefs.
This includes providing legal protection for victims, promoting education and
awareness around the issue, and implementing mechanisms to investigate and
prosecute those responsible for human rights violations related to witchcraft.
Some laws made by several states of India to prohibited witchcraft accusations:
- The Prevention of Witch (Daain) Practices Act came into force in October 1999 (Bihar)
- The Prevention of Witch (Daain) Practices Act, 2001 (Jharkhand)
- The Chhattisgarh Tonhi Pratadna Nivaran Act, 2005, aims to prevent witch-hunting
- Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013
- The Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017
India Constitution restrains the Practice of Witchcraft Accusation
Article 51A(e) of the Indian Constitution stipulates that every Indian citizen
should promote harmony and the spirit of common brotherhood amongst all the
people of India, and should also renounce practices derogatory to the dignity of
women. Whereas Article 51A (h) of the Indian Constitution makes it a fundamental
duty for Indian citizens to develop a scientific temper, humanism and the spirit
of inquiry and reform.
Addressing the Challenges in Implementing Laws Prohibiting Witchcraft
Accusations in India
Witchcraft accusations, with deep historical roots in cultural beliefs, produce
devastating consequences such as social exclusion, discrimination, violence, and
murder. The belief in witchcraft becomes a tool for controlling and manipulating
vulnerable individuals.
Lack of Legal Frameworks
National laws often fail to define witchcraft-related offenses or provide
adequate protection for victims. The absence of legal clarity allows
perpetrators to go unpunished and perpetuates a culture of impunity. It is
imperative to develop and implement comprehensive legislation that criminalizes
witchcraft accusations and ensures the protection of victims.
Deep-rooted Beliefs
Witchcraft accusations often stem from deep-rooted cultural and superstitious
beliefs. Changing these perceptions requires long-term education and awareness
campaigns.
Lack of Reporting
Many victims of witchcraft accusations remain silent due to fear of retribution
or societal stigma. This leads to underreporting of cases, making it difficult
for authorities to intervene.
Inadequate Legal Response
In some cases, the legal system may fail to provide justice to victims.
Corruption, slow judicial processes, and weak enforcement of laws can impede
progress.
Case Studies Highlighting Human Rights Violations Related to Witchcraft
To truly understand the impact of witchcraft accusations on human rights, it is
essential to examine case studies from different regions. These real-life
examples shed light on the challenges faced by individuals and communities
affected by witchcraft beliefs.
The Kerala Witch-hunt Case
Two women were allegedly sacrificed as part of a black magic ritual in Kerala
and three, including a couple, have been arrested in the case. The accused
allegedly carried out the gory "ritual" to bring prosperity to their lives and
settle financial issues. The victims were cut into pieces, their body parts
cooked and eaten by the accused, the police said. Blood was splattered on the
walls and the floor as part of the black magic ritual.
The Jharkhand Witch-Hunt
In 2016, a shocking incident occurred in Jharkhand. Seven women were brutally
beaten and forced to consume human excreta after being accused of practicing
witchcraft. This incident highlights the pervasive nature of witchcraft
accusations and the brutality that often accompanies them.
The Chhattisgarh Sorcery Murder
In 2020, a woman was brutally murdered in Chhattisgarh's Sarguja district after
being accused of practicing sorcery. Her murder served as a stark reminder of
the continuing threat that witchcraft accusations pose to individuals,
especially women, in the region.
The Assam Witch Accusation Case
An Adivasi woman was allegedly burnt alive by a group of individuals who
suspected her of practicing witchcraft in northern Assam's Sonitpur district.
The woman is survived by her husband and three children.
Awareness Campaigns against Witchcraft Accusation
Creating awareness and advocating for change is crucial in the fight against
witchcraft-related human rights violations. Various organizations and activists
have initiated campaigns to challenge these harmful beliefs and promote social
justice and equality.
To combat the deeply ingrained beliefs in witchcraft and the resulting human
rights violations, various campaigns and initiatives have emerged. These
campaigns play a crucial role in raising awareness, changing mindsets, and
promoting social justice and equality.
These campaigns aim to debunk myths surrounding witchcraft, highlight its impact
on human rights, and foster dialogue within communities. By engaging with
traditional leaders, religious institutions, and community members, these
advocacy efforts strive to change deeply ingrained beliefs and promote a more
inclusive and tolerant society.
Campaigns against Witchcraft in India
Several organizations and campaigns are actively working to combat
witchcraft-related abuses in India:
Jan Swasthya Sahyog (JSS)
JSS, based in Chhattisgarh, has been instrumental in addressing health and
social issues in tribal communities, including those related to witchcraft. They
conduct awareness programs and provide support to victims.
The Witchcraft Elimination Awareness Trust (WEAT)
WEAT operates in states like Odisha and Jharkhand, conducting awareness
campaigns and advocating for legal measures to protect individuals accused of
witchcraft.
UNICEF India
UNICEF supports initiatives aimed at ending violence against children, including
those related to witchcraft accusations. They work on sensitizing communities
and providing resources for child protection.
Government Initiatives
The Chhattisgarh government has initiated programs to educate communities about
the consequences of witch-hunting. These programs emphasize the importance of
reporting incidents and seeking legal recourse.
NGO Involvement
Non-governmental organizations (NGOs) such as Bachpan Bachao Andolan and
ActionAid India have been active in supporting victims and advocating for their
rights.
The Role of Social Justice and Equality
Social justice and equality are at the core of addressing witchcraft-related
abuses. These principles advocate for fair treatment, protection, and equal
rights for all, regardless of gender, caste, or economic status. To protect
human rights in the face of witchcraft accusations, it is essential to promote
social justice and equality by:
Challenging Gender Stereotypes
Efforts must be made to challenge traditional gender roles and stereotypes that
often underpin witchcraft accusations. Empowering women and promoting their
active participation in society can help counteract these harmful beliefs.
Access to Education
Education plays a crucial role in dispelling superstitions and misconceptions.
Providing quality education to all, especially in rural areas, can contribute to
a more informed and enlightened society.
Legal Aid and Support
Ensuring that individuals accused of witchcraft have access to legal aid and
support is essential. Legal mechanisms should be strengthened to protect their
rights and punish those who make baseless accusations.
Supporting Survivors of Witchcraft Accusations through Legal and
Psychological Assistance
Survivors of witchcraft accusations often require comprehensive support to
rebuild their lives. Legal and psychological assistance plays a vital role in
helping these individuals overcome the trauma and regain their dignity and
rights.
Legal aid organizations can provide survivors with legal representation and
guidance throughout the legal process. This ensures that victims have access to
justice and can hold their perpetrators accountable. Additionally, psychological
support services are essential in helping survivors heal from the emotional and
psychological trauma inflicted by witchcraft accusations.
Conclusion
The belief in witchcraft and its associated human rights violations continue to
haunt societies worldwide, including India. Several governments have passed laws
and regulations banning witchcraft charges in response to the seriousness of
these human rights violations. However, to fully address this issue,
comprehensive legal frameworks are required, ones that not only criminalize such
practices but also provide strong protection for victims, promote education and
awareness, and facilitate investigations and prosecutions of offenders.
Ultimately, protecting human rights in the face of witchcraft requires a
collective effort from communities, civil society organizations, and government
agencies. Only through sustained awareness, education, and advocacy can we hope
to eradicate this harmful belief and ensure the safety and dignity of all
individuals, regardless of accusations rooted in superstition and fear.
A comprehensive approach must extend beyond legal measures to advance social
justice and equality. Empowering marginalized groups, especially women and
children, is imperative in disrupting the cycle of discrimination and violence.
Access to quality education, economic opportunities, and robust social support
systems is vital in fostering an environment where witchcraft accusations are
unequivocally condemned.
End Notes:
-
https://www.indiatoday.in/india/story/two-women-killed-chopped-into-pieces-as-part-of-human-sacrifice-in-kerala-10-points-2284498-2022-10-12
- https://thewire.in/women/assam-tribal-woman-killed-witchcraft
- www.wikipedia.org
Written By: Syed Mohd Osama Azam, an LL.B. second-year student at Barkatullah University, Bhopal.
Also Read:
Award Winning Article Is Written By: Mr.Syed Mohd Osama Azam, an LL.B. second-year student at Barkatullah University, Bhopal.
Authentication No: FB403783750786-6-0224 |
Please Drop Your Comments