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Human Sacrifice and Witch Hunting in India: A Legal Perspective on the Struggle Against Ritual Murders and Superstition

Human sacrifice is the act of killing one or more humans as part of a ritual, which is usually intended to please or appease gods, a human ruler, public or jurisdictional demands for justice by capital punishment, an authoritative/priestly figure or spirits of dead ancestors or as a retainer sacrifice. Wherein a monarch's servants are killed in order for them to continue to serve their master in the next life. Human sacrifice is also known as ritual murder.

Modern secular laws treat human sacrifice as tantamount to murder. Most major religions in the modern day to murder.

Witch-hunts are still prevalent in India in the twenty-first century. Those who are labelled as witches are usually elderly or single women accused of manipulating supernatural forces with malicious intent. Witch branding occurs predominantly in rural, poorer areas of the country where there is often a higher concentration of tribal communities.

According to the NATIONAL CRIME RECORDS BUREAU of India, since 2000 more than 2,500 women have been killed after being branded as a witch. This number is estimated to be even higher, as many cases go unreported. Women accused of practicing witchcraft face various forms of physical and mental torture as well as execution. Severe violence is commonly use to punish accused witches and can include rape, beating, flogging and severing of limbs.

The state of Jharkhand has recorded the highest total number of murders where the motive was witchcraft, with 593 women being killed on the grounds of witchcraft between 2001 and 2021 according to the National Crime Records Bureau. The states of Assam, Bihar, Chhattisgarh, Madhya Pradesh and Odisha also have recorded many cases of witch branding.

Why Is Witch Hunting Still Thriving?

  • Superstitious beliefs - People believe that witches have magical powers which they use to attack humans, destroy crops, harm animals, influence others' bodies and minds, or gain control in ways beyond medical explanation.
  • Lack of knowledge - In remote, isolated areas with limited or no educational facilities, or among older illiterate people, women are often blamed for bad events when others cannot explain the cause.
  • Lack of resources and poverty - Women are targeted due to poverty, refusal to engage in sexual relations, and other vulnerabilities.
  • Other reasons include a gullible, conservative society, patriarchy, financial disputes, personal and social conflicts, jealousy, property disputes, lack of medical facilities, and ignorance.

Legislations on Witch Hunting

There are numerous laws in force at the international and national levels, as well as in various states, which provide stringent punishment to the perpetrators of witch hunting and related practices.

National Instruments

National Level Instruments

  1. Constitution of India - Article 14, 15(3), 15(4), 21, 51, 51A(h).
  2. Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
  3. Protection of Human Rights Act, 1993.
  4. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
  5. Indian Penal Code:
    • Section 302 - Murder
    • Section 299 - Culpable Homicide
    • Section 354 - Assault or Criminal Force to Woman with Intent to Outrage Her Modesty
    • Section 375 - Rape

State Level Instruments

  1. The Prevention of Witch (Daain) Practices Act, 1999 - Bihar.
  2. The Prevention of Witch (Daain) Practices Act, 2001 - Jharkhand.
  3. Chhattisgarh Tonahi Pratadna Nivaran Act, 2005.
  4. The Odisha Prevention of Witch Hunting Act, 2013.
  5. The Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.
  6. The Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017.
  7. The Rajasthan Prevention of Witch Hunting Act, 2015.
  8. The Assam Witch Hunting (Prohibition, Prevention, and Protection) Act, 2015.

Need for Central Legislation

Before state-level legislation on witch hunting, there were no strict laws in place, and accused were tried under Indian Penal Code Section 323, 354, and 509. The 2015 movie 'Kala Sacch' prompted a call for central legislation. Current laws focus on punishment mechanisms and do not address the need to eradicate superstitious beliefs. Reporting methods are limited, and victims often avoid reporting witch hunting due to fear or acceptance. Witch hunting violates civil rights and the Constitution, including the right to security, life, and a decent life. The Prevention of Witch Hunting Bill was introduced in 2016 but never passed.

Judicial Pronouncements

  • Tula Devi and Others v. State of Jharkhand - In this case, about 10 people armed with sticks entered the house of the complainant, abused, and assaulted her, calling her a witch for two years. Despite the evidence, the case was dismissed due to lack of eyewitnesses.
  • Madhu Munda v. State of Bihar - In this case, a mother was dragged out of her house and reported missing. She later escaped and provided testimony; however, the accused was acquitted due to unreliable witness testimony.
  • State of West Bengal v. Kali Singh and Others - The Calcutta High Court noted that merely punishing offenders does not address the root psychological cause of witch hunting and criticized the state's lack of education outreach.

Role of NGOs and Social Activists

  1. Narendra Dabholkar - A rationalist and founder of Maharashtra Andhashraddha Nirmoolan Samiti, Dabholkar campaigned against superstitions, including witch hunting. He was murdered in 2013, after which his Anti-Jadu Tona Bill was finally passed.
  2. Centre for Social Justice - An organization advocating for women's rights and marginalized groups, including Adivasi women in Gujarat affected by witch hunts.
  3. Birubala Rabha - A social activist known for pressuring the Assam government to enact strict anti-witch hunting laws.
  4. Indian Rationalist Association - Led by Edamaruku, this organization promotes scientific approaches to eradicate witch hunting practices.
  5. Partners for Law in Development - Founded in 1998, this organization works on women's rights issues, including the victims of witch hunts.
  6. Anandi - A non-profit dedicated to rehabilitating survivors of witch hunting practices.


Conclusion
The practice of witch-hunting is a blot on our present day society. Today right to privacy, reputation and internet have been declared as our fundamental rights. The country is walking on the path of advancement but still the basic right to a decent life is denied to people in many parts of our country. Criminalizing superstitious practices is just one dimension of the problem. The State needs to take effective measures to eradicate poverty, ensure better living standards, public health, educational facilities, infrastructural facilities in the isolated areas and villages.

Organization should be established to deal with such cases expeditiously and in a delicate manner as a matter of priority. An effective central legislation banning the practice of witch hunting with a strong enforcement mechanism is the need of the hour. It is only when evils like witch hunting are eradicated from the society that the complete enjoyment of civil liberties by people can become a reality.

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