THE PREVENTION OF WITCH (DAIN) PRACTICES ACT 2001 (borrowed from the NCW report on Violence against Women in Jharkhand)
The object of this Act is to provide for effective measures to prevent the witch practices, branding of women as witch and their oppressions, mostly prevalent in the tribal areas and elsewhere in Jharkhand, and to eradicate women’s torture, humiliation and killing by the society and any other matter connected herewith. The act has assumed importance off late due to the rise of killing of women under the pretext of Witchcraft. The Penal Sections of the Act are Section 3,4,5 &6, which are as follows: Identification of Witch (Daain) Whoever identifies any person as witch (Daain) and does any act towards such identification either by words, actions or manner shall be punished with imprisonment for a term which may extend 3 months or with fine of Rs. 1,000 or with both. Damages for causing harm Any person who causes any kind of physical or mental torture to any women by identifying that her as a Witch (Daain) whether deliberately otherwise shall be punished with imprisonment for a term which may extend to 6 months or fine of Rs. 2,000 or with both. Abetment in the identification of Witch (Daain) Any person who intentionally or inadvertently abets, conspires, aids, instigated any other person or persons of the society whether in identification of any woman as a Witch (Daain) with an intention to cause by anyone to that to harm shall be punished with imprisonment for a term which extend to 3 months or with fine of Rs. 1,000 or with both. Witch (Daain) curing Whoever does any act of so healing allegedly or purportedly and of curing any women said to be Witch (Daain) by doing any act of “JhardPhook” or “totka” and thereby causing any kind of physical or mental harm and torture to that
person identified as Witch (Daain) in any manner shall be punished with imprisonment for a term which may extend 1 year or with fine of Rs.2.000 or with both. The sentences prescribed and the paltry amount of fine has proved to be ineffective in dealing with this social menace. Such taboos and dogmas are required to be dealt with firmly by making the penal Provisions stringent. Sections 3,4,5 &6 should be amended to enhance the period of sentenceto a minimum of three years. No anticipatory bail (Section 438 Cr P.C.) should be provided in this Act to the accused. Awareness generation is going on regarding legal rights of women and action is being taken to create awareness about the adverse consequences of women due to the prevalent Dain Pratha in the predominantly tribal state of Jharkhand Ojhas,Sokhas,Bhagats and other influential people brand a female member of a particular family’s a dain who is said to be responsible for the illness, calamities and deaths in the community. The real motive of the killers is to grab the property or to settle personal scores with the victims. They brand the female member as dain so that they are able to muster support of the co villagers in torturing and killing the victims. The innocent villagers believe that the woman is responsible for the illness, death, drought and despair that overwhelm their lives. As the factors that lead to the evil practice of Dain pratha have been reviewed, it was found that the best strategy that the Government can adopt is (i) Strict enforcement of the “Dain Pratha Pratishedh Adhiniyam, 2001”for effective prevention of dain practices, identification of women as a dain and to eliminate the women’s torture, humiliation and killing by the society for any other concerned matter. (ii) Sensitization of Police and Welfare Department Personal, and NGOs working for prevention of dain related atrocities. (iii) To distract the people’s attention from such evil practices and apply their energy for more constructive purposes.
Seeing the increase in witch hunt cases the administration under the leadership of sri Amit Khare Deputy Commissioner, West Singhbhum started a campaign against superstition and Dain Pratha in every block from October 1995.The campaign was known as “anti superstition campaign”.Jila Mahila Samiti worked side by side with the Govt. in organizing padyatras and public meeting against Dain hunt. The combined effort of the administration, voluntary organizations, schools and the wellwishers had a positive effect in containing dain hunt in West Singhbhum. Ever since this campaign Jila Mahila Samiti members mainly a group of local women have taken it upon themselves to fight against dain hunt in the district. The other districts may also take up such exercises so that this social evil is prevented. Organizing Women’s groups at village level and drawing up creative plans in consultation with such groups to enhance their selfconfidence and economic independence. Women oriented schemes like Swayamsidha and Swashakti, which are being implemented in the state, have an inbuilt component to make the women aware of their legal and social rights and to empower them so that they become financially independent. One step that can be taken may be to set up special cell at state and district levels for follow up of awareness generation regarding legal rights of women and monitoring of dain evidences/cases lodged regarding dain violence. A feature quite relevant to the context of Jharkhand is the “Dain “ (Witch) concept under which the woman is declared as Dain and imparted severe forms of punishment by the community. This practice has acquired a new connotation wherein the men and family members outcaste a woman from the family and capture her property or remarry as\ the case maybe. Even during the public hearing organized by NCW 6 such cases\were brought and relief was sought. During the interactions with the women during the NCW visit a major area highlighted with reference to violence against women was regarding the prevailing WITCH tradition
in Jharkhand wherein a particular woman is declared a witch and oppressed. Several case histories have been documented and newspaper cuttings have been collected for compilation. Data related to the prisons and the condition of women in it is being documented. “2001 was declared by the Indian government as the Year of Empowerment of Women. Majority of the government policies are confined to paper alone”. Amnesty International has called on the government to consider implementation of the Policies and comprehensive recommendations, which would help make the rights of women a reality in India.”