Witch Hunting

What is Witch Hunting

Witch Hunting refers to the practice of branding (often women) as witches, usually on the basis of superstitions, community conflicts or socio-economic rivalries. It involves violence, social exclusion and in many cases death. It starts by accusing women or anyone of any harm occurring in the community or to the individual, such as the death of any person, child or animal, any disease in the village, natural disaster, or crop loss. Then declaring or branding the person as a witch as they possess some evil power, and exclude them socially and ends with mental and physical torture, ranging from social exclusion, name-calling, psychological torture, lynching, or putting to death in any way.

Official Definition of Witch Hunting

Witch Hunting as defined in legislations

The Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015

In Assam, the Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015 plays a crucial role in safeguarding people from Witch Hunting.

Section 2, sub clause (h) of the Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015 defines witch hunting as -

“identifying, calling, stigmatizing, defaming or accusing any person as witch by any other person by words, or by signs or by indications or conducts or actions or in any manner, thereby causing or abetting physical and/or mental harm or execution of a witch which may involve mass hysteria, lynching or any other activities.”

This Act is made in the State of Assam to provide more effective measures to prohibit witch hunting. It specifically contained the provisions to eliminate torture, harassment, killing of people by using that evil practices. It also provides punishment for offenders and rehabilitation for the victims. The punishment in this Act is stringent which may be extend to seven years and fine may be extended up to rupees 5, 00,000.

The Chhattisgarh Tonahi Pratadna Nivaran Act, 2005

In Chhattisgarh, the Chhattisgarh Tonahi Pratadna Nivaran Act, 2005 plays a crucial role in safeguarding people from Witch Hunting.

Section 2, sub clause (1) of the Chhattisgarh Tonahi Pratadna Nivaran Act, 2005 defines witch hunting with a different term called “Tonahi” as -

“person indicated by any person or persons that he will harm or possesses power to harm or thereby he intends to harm any other person or persons or society or animal or living things by black magic, evil eye or by any other means, whether known as Dayan, Tonaha or by any other names.”

This Act defined "Tonahi" as a person who has the capacity to injure or has been threatened with harm by black magic or the evil eye. Other names for "Tonahi" include "Tonaha" and "Daayan." Additionally, it defined "ojha" as a person who asserts to have the ability to manage, treat, and cure "tonahi" The Act stipulates a 5-year sentence for harassment, jhaadfook, totka, or the use of any tantra-mantra, among other offences. These cases will be of a cognizable and non-bailable character. The cases may be heard by a first-class judicial magistrate.

Prevention of Witch Practices Act, 1999

In Bihar, Prevention of Witch Practices Act, 1999 plays a crucial role in safeguarding people from Witch Hunting.

Section 2, sub clause (2) of the Prevention of Witch Practices Act, 1999 defines witch hunting with a different term called “Witch (Daain)” as-

“a woman who has been identified as a witch by some one else having the power of intention of harming any person through the art of black magic, evil eyes, or "Mantras" and it is deemed that she will harm alleged harm any way to other person/persons or the community at large, in any manner.”

The Act was created to address the issues of witch branding in Bihar. Identification of a witch (Daain) carries a sentence that can include up to 3 months in jail, a fine of Rs. 1000, or both. According to this law, anybody who performs any acts of "Jhadphook" or "Totka" in an effort to heal or cure a woman who has been labelled a "Witch" (Daain) while also torturing or suffering them bodily or mental pain is punishable.

The Odisha Prevention of Witch Hunting Act, 2013

In Odisha, The Odisha Prevention of Witch Hunting Act, 2013 plays a crucial role in safeguarding people from Witch Hunting.

Section 2, sub clause (d) of the Odisha Prevention of Witch Hunting Act, 2013 defines witch hunting as-

“any act of omission, commission or conduct on the part of any person,—

(i) identifying, accusing or defaming a woman as a witch, or

(ii) harassing, harming or injuring such a woman whether mentally or physically or damaging her property.

This law is designed to offer practical solutions to issues relating to witch branding, hunting, crafting, and other related issues. The definitions of witch, witchcraft, witch hunting, and witch doctor are included in this Act. The practice of witch crafting and witch hunting is forbidden under several laws. It outlines the penalties for branding and witch hunting in particular. The penalty for branding and witch hunts is three years in prison. There is provision of enhancement of punishment also for the subsequent offence. It also provides the provision for providing the cost of treatment and damages to the victim. This act is progressive towards curbing witch branding and to prevent women from harassment. Every offence under this Act shall be cognizable and non-bailable.

The Rajasthan Prevention of Witch Hunting Act, 2015

In Rajasthan, The Rajasthan Prevention of Witch Hunting Act, 2015 plays a crucial role in safeguarding people from Witch Hunting.

Section 2, sub clause (d) of the Odisha Prevention of Witch Hunting Act, 2013 defines witch hunting as-

“any act or conduct on the part of any person,-

(i) identifying, accusing or defaming a woman as a witch;

(ii) harassing, harming or injuring such a woman whether mentally or physically or by damaging her property.”

The purpose of this legislation is to "provide effective measures" to combat the problem of witch branding and hunts as well as to stop the practice of witchcraft. Although the statute has been in effect for more than six years, few convictions have been obtained so far. The act's Section 3 forbids the branding and hunting of witches and lays forth penalties that can last up to five years as well as a fine that must be at least 50000. In order to "provide effective measures" to address the issue of witch branding and hunts as well as to put an end to the practice of witchcraft, this legislation was created. Despite the statute's more than six-year existence, few convictions have thus far been achieved. The act's Section 3 prohibits the branding and hunting of witches and stipulates fines of at least or rupees 50,000 as well as punishments that can last up to five years.

Legal provisions relating to Witch Hunting

The Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori practices and black magic Act, 2013

Founder and anti-superstition campaigner Narendra Dabholkar drafted it in 2003. The law makes it illegal to engage in black magic, sacrifices of human beings, the use of magical cures for illnesses, and other practices that might be considered exploitative. This Act contains effective measures to outlaw the identification of witches (Daain), damages for inflicting injury on a person by branding him a Daain, aiding in the identification and branding of witches, and the healing of witches (Daain) or the use of jhaadfook or totka. Additionally, those involved in these actions might be punished.10 The statute specifies that certain types of violations are cognizable and not subject to bail. The fines range from rupees 1,000 to 2,000, which is quite little and not enough deterrent to stop these horrible actions. The punishments offered for the charges are insufficient.

The Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017

The introduction of this act was prompted by an increase in the incidences of common people being exploited in society due to inhumane, evil, sinister practices, black magic, and evil spirits, as well as by a need to address public perceptions regarding the need to prevent and eradicate the practice of inhumane, evil, and sinister practices, as well as black magic, in the State.

A violation of this act's provisions includes the commission of any inhuman, evil, or magical acts, as well as the advertisement, practice, or promotion of such acts by any person, whether directly or indirectly through another person. A violation of this act's provisions is punishable by a term of imprisonment of at least one year and up to seven years, as well as a fine of up to 50,000 rupees.

The vigilance officer designated by the act is responsible for identifying and stopping any contravention or violation of the provisions, gathering information for the effective prosecution of those who do so, reporting such incidents to the local police station, and performing any other duties that may occasionally be delegated to him by the State government.

The Constitution of India

The act of "witch-hunting," which disproportionately affects women, is prejudice based on gender. According to Part III of the Constitution, witch hunting is a serious infringement of women's human rights. This has the effect of prosecuting prolonged harassment of a woman, violence, social exclusion, and loss of rights in the same manner as a regular assault. Numerous rights and protections for women are outlined in our Constitution, which also grants them the right to emancipation. It is forbidden to discriminate against women in any way. It has ensured that women have the freedom to live their lives in dignity. The Indian Constitution's Articles 14, 15, 3, 4, 21, 51, 51 A(h), and 16 discuss equality before the law and the prohibition of sex-based discrimination. In India, women have equal access to improved opportunities in all areas of life. Government has the authority to enact laws pertaining to the protection of women and children under Article 15(3).

Drugs and Magic Remedies Act (Objectionable Advertisements) Act, 1954

This specific Act was created to regulate the promotion of medications in specific circumstances, outlaw the promotion of treatments that are purported to have magical properties, and to address various issues. This act's Section 5 forbids the promotion of magical cures for treating specific illnesses and ailments. The legislation forbids the publication of any advertisements for magic remedies that directly or indirectly assert their effectiveness for any of the goals listed in section 3 of the act. For violating this law, a six-month sentence is called for; for a second offence, the sentence may be increased to a year, along with a fine.

Protection of Human Rights Act, 1993

Women's human rights are violated if violence of any type is used against them. This specialized statute was created by Indian law to effectively defend human rights in that country. The act aimed to establish human rights commissions at the central and state levels to investigate violations and offer remedies. The Commission has the ability to summon the parties in civil court. The boards have the authority to take whatever action necessary to preserve national human rights. The panel may advise the government to advance human rights and reduce violent incidents in order to achieve this goal.

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

This act is made to protect the rights of SC’s and ST has and provided some serious punishments for the contravention of the act. The court has the authority to order a person to leave the area if they are suspected of committing an infraction under Chapter II of this Act, in response to a complaint. This statute provides a useful method to protect SC and ST members against witch hunts and other forms of violence.

Bharatiya Nyaya Sanhita

India currently lacks a dedicated central legislation that specifically criminalizes witch-branding or witch-hunting. However, in the absence of such a statute, several sections of the Indian Penal Code, 1860 (IPC) (Now Bharatiya Nyaya Sanhita, 2023) are commonly used to prosecute the acts arising out of witch-hunting:

Section 302 IPC → Section 101 BNS

Punishment for Murder

Applies when witch-hunting leads to the death of the victim. Punishable with death or life imprisonment, and fine.

Section 307 IPC → Section 109 BNS

Attempt to Commit Murder

Invoked when the victim survives a deadly attack during witch-branding or witch-hunting. Punishable with up to life imprisonment and fine.

Section 323 IPC → Section 115(2) BNS

Voluntarily Causing Hurt

Applicable when there is physical assault but without grievous injury. Punishment includes imprisonment up to 1 year or fine up to ₹10,000, or both.

Section 506 IPC → Section 351 BNS

Criminal Intimidation

Covers threats, coercion, or instigation aimed at silencing victims or driving them out of the community. Punishable with imprisonment up to 2 years, fine, or both; higher punishment if the threat is of death or grievous hurt.

However, these provisions address only the outcome (violence) and not the cause (witch-branding, accusation, and exorcism rituals). The IPC does not criminalize superstitious practices, branding, or the use of witchcraft accusations to settle personal or property disputes, thus leaving a significant legal gap.

Witch Hunting as defined in international instruments

1948 Universal Declaration of Human Rights (UDHR)

Enshrined within the 1948 Universal Declaration of Human Rights (UDHR) lies the powerful shield of international law, guarding against all forms of discrimination and fostering the essence of equality before the law. It boldly affirms the inviolable right to life and liberty, reverberating in resonance with every human soul.

International Covenant on Civil and Political Rights (ICCPR)

In 1979, India embraced the profound principles of the International Covenant on Civil and Political Rights (ICCPR), ensuring equal civil and political rights for both men and women, leaving no room for deprivation of fundamental rights. This international alliance is a beacon of hope, relentlessly promoting gender equality by eradicating any semblance of disparity. Article 7 of the ICCPR serves as a vigilant sentinel, adamantly prohibiting cruel, inhuman, or degrading treatment. The Government of India, hand in hand with the Federal Government, embraces the sacred duty of enforcing these provisions, standing resolute in the pursuit of justice.

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

India’s embrace of the 1993 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) epitomizes a fervent commitment to eradicate discrimination and societal cruelty towards women. A noble pledge to create a world where every woman’s worth is cherished and celebrated. Article 5(a) of the significant Convention resonates with urgency, urging States to foster transformative change in the social and cultural fabric governing the behavior of men and women. It serves as a profound call to action, beckoning the reaffirmation of measures designed not only to protect women but also to empower them in the full exercise of their rights.

Witch Hunting as defined in official documents

The Prevention and Prohibition of Witch-Branding and Witch-Hunting and other Harmful Practices Bill, 2022

Section 2, sub clause (g) of the Prevention and Prohibition of Witch-Branding and Witch-Hunting and other Harmful Practices Bill, 2022 defines Witch Hunting or Witch Branding as identifying, calling, stigmatizing, defaming or accusing any woman as witch by any other person by words, or by signs or by indications or conducts or actions or practices or in any other manner, thereby causing or abetting physical or mental harm or execution of a person or persons which may involve mass frenzy, physical, emotional, sexual, economic and property related violence, lynching or any other activities

The Prevention of Black Magic, Witch Hunting and Superstitious Practices Bill, 2024

Section 2, sub clause (k) of the Prevention of Black Magic, Witch-hunting and Superstitious Practices Bill, 2024 defines witch-hunting as accusations and acts of persecution, including physical or mental abuse, against an individual, especially women, on the grounds of alleged witchcraft or supernatural abilities.

Witch Hunting as defined in case laws

Tula Devi and Ors. v. State of Jharkhand

Around 10 people armed with sticks stormed the complainant’s house in this case, threatened and attacked her. For the past two years, they used to address her as a dayan and pressured her to leave the village. Her husband tried to save her, but they attacked him as well. This provoked mental anguish in the woman. There was also a partition suit and the woman was accused of being a witch to put pressure on them. The Judicial Magistrate took cognizance of the offense against the petitioners after due inquiry under Sections 147, 323, 341 of the Indian Penal Code (IPC), and under Sections 3/5 of the Prevention of Witch (Daain) Practices Act, 1999. The Jharkhand High Court (Single Bench) Dismissed the main petition filed under Section 482 Cr.P.C. The Court found that the cognizance taken under Section 5 of the Act was erroneous, illegal, and not maintainable because there is no such provision in the Prevention of Witch (Daain) Practice Act, 1999. The Court reasoned that to sustain an allegation under this Act, the complainant must prove that the actions meet the statutory definition of "Daain". The Act defines "Daain" as a woman identified as a witch who possesses the power or intention of harming any person through black magic, evil eyes, or Mantras, or who causes harm to persons or the community.

Madhu Munda v. State of Bihar

Some individuals dragged a mother out of her house. It was confirmed that she was missing. A FIR was filed and she was found eight days later. She said that she had been pushed into a ditch where she had fallen unconscious. She went to her brother’s house after she regained consciousness. The Jharkhand High Court, presided over by Justice Hari Shankar Prasad, rendered the final decision on April 24, 2003, and the appeal was Allowed. The High Court held that the judgment dated July 3, 1996, and the order of conviction dated July 5, 1996, were set aside. Since the appellants were on bail, they were discharged from the liability of bail bonds.

State of West Bengal v. Kali Singh and Ors.

The Calcutta high court observed that in cases of witch-hunting, judicial execution does not help eliminate the evil practice. The practice and belief are embedded in the psyche of men. The court gave the death penalty to seven men convicted of killing three women rumoured to be witches. The court also held the state irresponsible in fulfilling its obligation to provide education in every corner of the nation.

Appearance of Witch Hunting in Database

National Crime Records Bureau (NCRB)

The National Crimes Records Bureau publishes an yearly publication called Crime in India. The only available data on witch-hunt violence under NCRB relates to witch-craft motivated murders. For instance, as per the NCRB reports, the witch-craft motivated murders in Jharkhand were at 22 in 2023, 14 in Madhya Pradesh and 19 in Chhattisgarh.

Research that engages with Witch Hunting

Witch Branding in India, A Study of Indigenous and Rural Societies

This study aims to provide an evidence-based analysis of the persecution and hunting of women as witches in indigenous and rural societies in India. It uses a feminist perspective to examine gender systems, factors in witches being persecuted and hunted, and the existing policies against witch practice in eight districts in five states in India. The research objectives include:

• Taking stock of the persecution and hunting of witches in select states infamous for violence against witches.
• Exploring how to maximize our efforts to end witch-persecution and hunting.
• Contributing substantive inputs for the enactment of a national law and making amendments to existing state laws which are reportedly weak in enforceable measures.

The study also suggests some policy measures for strengthening state and civil society efforts at ending the practice of witch-persecution and hunting. Based on the objectives, the research framework includes:

• Studying women’s vulnerabilities due to being branded as witches.
• Analysing the features of witch-accusations and their impact using a feminist lens.
• Capturing people’s views, cultural practices, and social norms and beliefs systems related to witch-persecution and hunting.
• Assessing the implementation of laws against witch-persecution and hunting and assessing the effectiveness of these laws.
• Reviewing the existing schemes and programmes for accused persons and suggesting possible strategies for ensuring dignified lives for the victims and survivors.

'Witch-hunting’ in India? Do We Need Special Laws?

This paper discusses the findings of a socio-legal study on witch-hunting conducted by the Partners for Law in Development in Jharkhand, Bihar and Chhattisgarh. It highlights the results of the study in order to offer a critical perspective on the increasing reliance on special laws to address the problem of witch-hunting. The socio-legal evidence from the states which already have such special laws on witch-hunting shows their inefficacy in dealing with witch-hunting and related forms of violence. Criminalization of witch-hunting through special laws is an inadequate response to the problem which has much in common with other forms of violence. There is a need to focus on accountability and reform of the agencies that activate the criminal justice system and to plug the vacuum in relation to reparative justice.

Breaking the Spell: A Socio-Legal Inquiry into Witch-Hunting in India

This thesis examines witch-hunting in India as a gendered and intersectional form of violence rooted in structural inequalities of caste, class, and patriarchy. It challenges dominant narratives that dismiss witch-hunting as superstition, instead framing it as systemic violence that disproportionately targets women from Scheduled Castes and Scheduled Tribes. The study adopts a critical legal and feminist methodology, drawing on intersectionality theory to analyze how overlapping identities shape women's vulnerability to witchcraft accusations. Focusing on anti-witch-hunting laws at the national and the state level, the research evaluates the gender sensitivity and effectiveness of state responses. It also engages with India's obligations under international human rights law, particularly the Convention on the Elimination of All Forms of Discrimination Against Women, highlighting significant gaps in legal protection and the absence of intersectional approaches. Through doctrinal analysis and case studies, the thesis reveals institutional failures and the socio-legal dynamics sustaining witch-hunting, Finally, it proposes legal and policy reforms grounded in an intersectional human rights framework to better address the specific harms faced by marginalized women and promote more inclusive and effective protections against this form of violence.