Witchcraft and Witch-Hunting in India: A Socio-Legal Analysis

Introduction

Witchcraft, in its broadest sense, refers to the practice of magical skills, spells, and abilities believed to influence people or events through supernatural means. Globally, the concept of witchcraft has varied meanings. In Europe during the 15th to 18th centuries, witchcraft was associated with Satanism, heresy, and evil practices, leading to mass witch trials, executions, and a pervasive fear of female power. In contrast, African and some Asian societies viewed witchcraft as 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 individuals—especially women—accused of practicing witchcraft.

In India, witchcraft does not have a standardized or uniform definition. It is largely interpreted through the lens of local customs, religious beliefs, and superstition. Here, the term is often synonymous with ‘daayan’ (witch), ‘chudail’ (female spirit), or ‘tonahi’, typically used to describe women allegedly possessing supernatural powers that cause illness, death, infertility, or natural disasters. Unlike Western societies where formal witch trials were held, Indian witch-hunting is predominantly extrajudicial and deeply embedded in rural and tribal socio-cultural systems.

Historically, India has witnessed incidents of witch-hunting across various states including Jharkhand, Odisha, Chhattisgarh, Bihar, Rajasthan, and Assam. While the British colonial administration often dismissed witchcraft as primitive superstition, they rarely intervened unless it disrupted public order. Post-independence, India still lacks a national legal framework that directly addresses witch-hunting, despite a significant number of cases being reported every year. State-specific legislations have emerged in some regions, but implementation remains weak.

The roots of witch-hunting in India are multi-layered—social, economic, cultural, and patriarchal. The branding of women as witches is often motivated not merely by superstition but by deeper agendas such as property disputes, caste-based discrimination, personal enmity, and the subjugation of women. Widows, single women, elderly women, and women from marginalized communities—particularly Scheduled Castes and Scheduled Tribes—are at higher risk. In many cases, accusations of witchcraft are a smokescreen to justify acts of violence, dispossession, and social exclusion.

These acts are frequently sanctioned by local village panchayats or self-styled godmen (tantriks), and carried out by mobs with little fear of legal consequences. The victims face brutal punishments: they are beaten, paraded naked, sexually assaulted, tortured, or killed. Even when survivors escape death, they suffer lifelong trauma, social ostracization, and homelessness.

The problem is compounded by a lack of awareness, poor education, inadequate legal aid, and the failure of police and judiciary to respond effectively. This results in a grave violation of fundamental rights under Articles 14, 15, and 21 of the Indian Constitution. Thus, witch-hunting in India is not just a criminal act but a deeply rooted socio-legal crisis. It represents a failure of the state to protect its most vulnerable populations from superstition-fueled gender violence.

This paper seeks to explore this issue through a critical lens, assessing both the societal factors that perpetuate the practice and the legal mechanisms in place to combat it.

Socio-Cultural Background in India

In India, the practice of branding women as witches is not merely the result of superstition; it is a social weapon used to justify violence, exert control, and eliminate resistance—especially against women who do not conform to societal norms. Witch-hunting, predominantly occurring in tribal and rural areas, reflects the interplay of patriarchy, poverty, superstition, illiteracy, and power structures.

The term witch or daayan is often used to label women accused of causing illness, infertility, crop failure, or death. However, these accusations frequently mask deeper motives such as property disputes, jealousy, personal enmity, or gender-based targeting. Widows, elderly women, or those without male protectors are especially vulnerable, as they are seen as “easy targets.” Once branded, these women are subjected to brutal punishments, including beatings, being paraded naked, forced exile, and even lynching.

State-Specific Insights

• Jharkhand: Perhaps the most affected state, Jharkhand has recorded hundreds of witch-hunting cases in the last two decades. In a 2013 case in Ranchi, five women were dragged out of their homes at night, branded witches, and murdered by villagers following the death of a child from fever. Investigations later revealed the act was fueled by local ojhas (witch doctors) and long-standing property disputes.
• Chhattisgarh: In many Adivasi regions, the belief in witchcraft is deeply entrenched. Local panchayats often authorize exorcism rituals or physical punishments. In Bastar district, women have been tied to trees, beaten, and forced to drink urine under the guise of removing spirits.
• Odisha: The Prevention of Witch-Hunting Act, 2013 was introduced after a string of murders and social boycotts in tribal areas. In a tragic case in Ganjam district, a woman and her daughter were beheaded after being declared witches responsible for local deaths.
• Assam and West Bengal: In tribal belts and tea garden areas, the community often relies on bez (local healers), who identify ‘witches’ when illnesses or misfortunes strike. Victims are mostly poor women from SC/ST backgrounds, and violence is often collective and ritualistic.
• Gujarat: In remote villages, especially among Bhil and Garasia tribes, women are branded as witches during disputes over land or inheritance. In 2020, a case emerged where five women were tortured over several days before the police intervened.

These acts are rarely spontaneous. They are often endorsed by local self-governing bodies, including tribal panchayats, where judgments are based on ojha or tantrik declarations rather than scientific evidence. These institutions often override the formal legal system, and due to low literacy, poor access to courts, and lack of awareness of legal rights, many victims do not report the crimes or pursue justice.

Ultimately, witch-hunting is both a gendered and structural form of violence. It thrives where state presence is minimal, and where societal norms still give legitimacy to patriarchal and superstitious systems of control. Combating this requires more than laws—it demands grassroots awareness, legal empowerment, and the dismantling of entrenched social hierarchies.

Legal Provisions and Analysis (Updated with New Law Focus)

1. Indian Penal Code (IPC)

   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) 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.

2. State-Specific Legislation (Focusing on Newest & Strongest Laws)

   In the absence of central legislation, some Indian states have proactively introduced targeted laws. The most progressive and recent among them is the Odisha Prevention of Witch-Hunting Act, 2013, which serves as a model framework.

   Odisha: Prevention of Witch-Hunting Act, 2013

   • Scope: Criminalizes branding a person as a witch and acts of abetment, exorcism, and instigation.
   • Penalties: Punishment ranges from 3 years to life imprisonment depending on the gravity of the offence.
   • Victim Protection: Provides for rehabilitation, compensation, medical aid, and shelter.
   • Authority Role: District Magistrates are empowered to prevent witch-branding, initiate awareness programs, and monitor implementation.
   • Special Courts: Fast-track courts are encouraged for speedy trials.

   This law recognizes witch-hunting as a gendered and social issue—not merely a criminal act—and creates structural mechanisms for both prosecution and prevention.
   Case Law: Madhu Munda v. State of Bihar (2009 (1) BLJR 964)

In the landmark case of Madhu Munda v. State of Bihar, reported in 2009 (1) BLJR 964 by the Jharkhand High Court, the court dealt with a horrific incident arising out of superstition and social discrimination. The accused, Madhu Munda, had branded a woman in his village as a “daayan” (witch), a term heavily loaded with stigma in certain rural and tribal parts of India. Acting on this branding, he incited other villagers to physically assault the woman. Tragically, the woman later succumbed to the injuries she sustained during the brutal assault.

The branding was not just an expression of blind belief in the supernatural but also a manifestation of deep-rooted patriarchal control, social illiteracy, and the intent to settle personal vendettas under the guise of tradition.

The primary legal issue before the court was whether such an act of witch-branding and the resultant violence could be prosecuted effectively under the Indian Penal Code, despite the absence of a specific statutory provision targeting witch-hunting. The High Court upheld the conviction of the accused under Section 302 (murder) and Section 506 (criminal intimidation) of the IPC. It categorically held that superstition or customary beliefs could never be justified as a defence for a criminal act, especially one as grievous as murder.

The court observed that witch-hunting was a gross violation of human rights, especially of women from vulnerable communities. It noted the urgent need for legal deterrents, stringent punishment, and above all, widespread social awareness and education to eradicate such inhuman practices from society. This judgment stands as a strong judicial condemnation of the practice of witch-branding and highlights the judiciary’s role in upholding constitutional values against regressive social practices.

Gaps in the Legal Framework

Despite recurring incidents of witch-branding and associated violence across several Indian states, the absence of a comprehensive national legislation remains one of the most glaring legal voids. Most of the cases are prosecuted under general provisions of the Indian Penal Code (IPC), such as Sections 302, 307, or 323, which do not adequately capture the specific socio-cultural context of witch-hunting.

As a result, police officers and trial courts often fail to recognize the deeper issues of superstition, gender-based violence, and caste oppression involved in such cases. Moreover, even in states that have enacted special legislation—such as Jharkhand, Bihar, Odisha, and Chhattisgarh—the implementation is inconsistent and often superficial.

Law enforcement officials are ill-equipped or insensitive to the unique challenges faced by victims, many of whom are Dalit or tribal women, further complicating their access to justice. Delays in filing FIRs, failure to arrest accused persons, and weak prosecution contribute to poor conviction rates.

In rural areas, reliance on traditional justice systems like khap or tribal panchayats often leads to unofficial sanctions of violence, with women being branded as “daayans” or “chudails” based on suspicion and hearsay. These informal systems undermine constitutional rights and perpetuate impunity.

Human Rights and Constitutional Dimensions

Witch-hunting is not merely a social evil—it is a severe violation of fundamental human rights. Victims, often vulnerable women, are stripped of their dignity, bodily autonomy, and the right to life, directly contravening Article 21 of the Indian Constitution. The practice also violates:

• Article 14 (Right to Equality before Law)
• Article 15 (Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth)

These abuses reflect deep-rooted structural discrimination, especially against widows, Dalits, and tribal women, who become soft targets in property disputes or family feuds.

The National Human Rights Commission (NHRC) and National Commission for Women (NCW) have occasionally intervened in high-profile cases, issuing notices and recommending compensation. However, the lack of binding powers and enforcement capacity limits their impact.

NGOs and activists play a vital role in rehabilitation, legal support, and awareness generation, but their reach remains limited in remote tribal regions where these incidents are most prevalent.

Comparative Law Perspective

A comparative analysis reveals that witch-hunting is not unique to India, with similar trends observed in countries like Tanzania, Ghana, and Papua New Guinea. These nations, too, face challenges rooted in cultural beliefs and patriarchal systems, but some have enacted stronger laws and community-based interventions.

For example:

• Ghana criminalized witch-branding and shut down so-called “witch camps,” providing rehabilitation to women displaced due to accusations.
• Tanzania has prosecuted hundreds under its Witchcraft Act and introduced awareness campaigns to tackle the problem at the grassroots.

The United Nations Human Rights Council has recognized witch-hunting as a serious global human rights issue and urged member states to treat it as such. India’s fragmented approach could benefit from these global models by:

• Harmonizing central and state laws
• Developing uniform policy frameworks
• Treating witch-hunting as a violation of international human rights norms under instruments like CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women)

Reference Statutory
References

• Indian Penal Code, 1860 (now Bharatiya Nyaya Sanhita, 2023)
• Constitution of India, Articles 14, 15, and 21
• Jharkhand Witchcraft (Prevention of Atrocities) Act, 2001
• Bihar Prevention of Witch (Daain) Practices Act, 1999
• Chhattisgarh Tonahi Pratadna Nivaran Act, 2005
• Odisha Prevention of Witch-Hunting Act, 2013
• Rajasthan Prevention of Witch-Hunting Bill, 2015 (Draft only)

Judicial Pronouncements

• Madhu Munda v. State of Bihar, 2009 (1) BLJR 964 (Jharkhand HC)
• State of Jharkhand v. Jageshwar Mahato, Cr. Appeal No. 727 of 2004
• National Human Rights Commission interventions in Assam Witch-Hunting Cases
• Suo motu orders by Chhattisgarh High Court in witch-hunting atrocities

Reports and Articles

• NHRC Report on Witch-Hunting in India, 2002
• (Available via NHRC official publications – nhrc.nic.in)