Muffled Voices: Victims of Witch Hunting in India Dr.Deepshikha Agarwal Associate Professor GGS IP University Delhi, India [email protected] Agenda 1. Brief Background 2. Objectives of Present Study & Prevalence 3. Cultural Universals 4. Basic Concepts 5. Features of ‘Witches’ Targets and Perpetrators 6. Stages of witch hunting 7. Community response and role of state agencies 8. Problems in eradicating the menace 9. Interface with law 10. Difficulty in establishing charges 11. What needs to be done for the victims ? Muffled Voices: Victims of Witch Hunting in India,gDr.Deepshikha Agarwal 7/20/201 5 2 Disclaimer Though Witches do not exist in any form but since witch hunting is a prevalent practice in different parts of the world, I have covered it as part of my research study. I do not approve of Witch Hunting. Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 3 1. Brief Background Witch Hunting is a pan-global phenomenon. Salem witch hunting in medieval Europe ! It has been the most perplexing problem of contemporary societies that has raised great fervour in the media. Largely associated with indigenous communities, though instances are found in modern societies as well McMartin preschool case of 1980s ! Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 4 Victims of witch hunting Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 5 Dalit women being publicly humiliated Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 6 Rural India Targets Women in Witch Hunts 2500 'Witches' Murdered in 15 Years, Others Exiled Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 7 A witch being treated by witch doctor Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 8 2. Objectives of Present Study To analyse the problem in a holistic perspective Consequences of being branded as a witch Response of society to the process of witch hunting ! Reasons for prevalence of the menace Legal dimension Reasons for state’s inability to curb it Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 9 Prevalence of Witch Hunting In contemporary societies of Sub-Saharan Africa, India and Papua New Guinea. In India, the cases are reported from - Jharkhand, Bihar, Haryana, West Bengal, Madhya Pradesh, Maharashtra, Gujrat, Orissa, Chhattisgarh, Assam, Rajasthan and Uttar Pradesh Present Study covers tribes such as Murias of Chhattisgarh, Bhils and Rabaris of Rajasthan, and Bhoksas of Uttaranchal Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 10 Features of tribal areas in India/ concomitants of witch hunting Low literacy rate- superstitions prevalent Economic instability/ insecurity Poor health and communication facilities. Diseases are widespread, often taking form of epidemic. Ethno healing system revolves around supernatural beliefs & practices- witchcraft sought as cause of the disease/ epidemic/ personal tragedy & natural disasters. Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 11 3. Cultural Universals Outbreak of witch hunting shows common features across the world both in temporal and spatial terms Earlier, the practice of witchcraft involved legal trials. It is a punishable offence in Saudi Arabia. Usually prevalent in form of outbreaks during periods of socio-economic & religious transitions Builds general insecurity amongst people- ‘moral panic’ and ‘mass hysteria’ Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 12 4. Basic concepts Witch hunting may be referred to as the search for witches or evidence of witchcraft Here, the hunt for wrongdoers is abused, and a defendant can be convicted merely on some false accusation Witchcraft is associated with use of black magic/ supernatural power for inflicting harm to people or their property, bringing misfortune, causing disease or for awakening love/passion in somebody Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 13 Witches are the persons who are viewed to possess supernatural power or evil eye, which can only bring bad omen for society. Believed to have negative connotation/ energy, which they use for their own betterment and for enhancing their power Witches are always fearful and destructive Case of Ipsita Roy Chaudhary- self professed witch Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 14 5. Features of Witches Ronald Hutton gave some characteristics Witches use non-physical means to cause misfortune or injury to others Harm is usually done to neighbors or kin rather than strangers Strong social disapproval follows due to its association with secrecy and malice/ spite. Society can resist witches through persuasion, non-physical means (counter- magic) or through deterrence including corporal punishment, exile, fines or execution Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 15 Who can be branded as a witch? Though anybody can be branded as a witch, there is a clear cut tendency to genderize the issue. By and large women are targeted as witches and bear the brunt of social humiliation and stigma. PLD- 46 out of the 48 cases collected by them were women as targets, Analysis of police records and reported judgments also reveal that about 36 primary targets of witch hunting are women. Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 16 Men are largely secondary victims, who may have suffered collateral violence. Men can be primary targets/ victims also but Children are also victims Entire family may be targeted This presentation specifically looks at the women as victims of witch hunting. Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 17 Why women are targeted? Mainly women are easy targets of witch hunting because they are relatively more vulnerable. Are easy scapegoats for any form of misfortune, To keep them in sub-servient or dominated position Are targeted when they turn down sexual advances of higher caste males, or when they supersede local males in power hierarchy Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 18 Who can be targeted? Usually Poor old, widowed, unprotected, infertile, ugly looking, low-caste or are socially ostracized women, Attributes given by local people have red eyes, feet aligned backwards, are jealous/ envious and do not socially mix up with people Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 19 Partners for Law in Development With exception of high caste groups, witch hunting cuts across the caste hierarchy and across the religious groups (victims being from Muslim or Christian community), Not only single women, even married women are targeted Not only very old women, women in the age-group of 40 to 60 are soft targets The victims mostly belong to the economically weaker sections, owning small land area and livestock; Level of formal education very low Muffled Voices: Victims of Witch Hunting in India, Dr.Deepshikha Agarwal 7/20/201 5 20 Who are the perpetrators? Related to the victim through descent or alliance ties Can be men or women In most of the cases there is not much difference between the social or economic status of the victim and the perpetrator. Nurse grudges against the victims May have competitive relations Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 21 6. Stages of Witch Hunting The process of designating somebody as responsible for practicing witchcraft is amorphous and manipulable. Many myths/ stories floated about who are witches and how do they look. People fear, openly pointing to someone as witch. Targets are selected such that they will be easily fit in the preconceived notions of the people Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 22 Occurrence of some personal tragedy, disease/ epidemic or some natural calamity, for which it is difficult to give an explanation Accusations levied against individuals who are already disliked by one or more persons Such accusations are floated experimentally if the audience seems receptive Circulate as gossip, flow through social fissures until enough allies in the projected persecution coalesce together Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 23 Someone/ section of society approaches the local ojha/ religious practitioner to know who has caused the malice The practitioner uses divination method to know the name of the culprit Stage of naming and identification of the culprit Establishing charges Punishment/ purging attempts Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 24 7. Aftermaths of witch hunting Physical- beaten, head tonsured, face blackened, disrobed and paraded naked in village, lynched, burnt to death Social- name calling, isolation, public humiliation, ostracism/ forced displacement Economic- taking away property (land, animal stock), loss of source of livelihood Psychological- mental torture, depression Secondary victimization Education of children hampered Undermining of overall life chances for victim and family Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 25 7. Community response Immediate family members and close kins may extend support Sometimes they don’t support under fear of themselves getting victimized Neighbors either involved or remain indifferent; usually play a negative role from victim’s perspective Community also plays role of instigator or passive spectators or indifference Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 26 Role of state agencies May give support, but there is general apathy Police does not register FIR out of fear of police personnel themselves inviting the wrath of witch doctor Victims themselves don’t approach the police; threat of meeting dire consequences, Half of the FIRs are closed due to tardy investigation Where investigations do occur, perpetrators are given stringent punishment; Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 27 NGOs functional in the area Rural Litigation and Entitlement Kendra (RLEK) Partner for Law and Development Human Rights Defense International- HRDI (organization committed to Human Rights Concerns of Indian Diaspora) Assam mahila Samata Society (Mahila Samakhya) Assam Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 28 8. Problems in eradicating the menace Has certain functions in society in anthropological terms Problem related to establishing criminal charges against the perpetrators; Association with supernatural factor, black magic; Involvement of entire village or large section of village or involvement of powerful people. Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 29 The laws are very soft and do not provide adequate compensation or rehabilitation to the victims. Most of the cases are not reported to the police and very few come to the court. In most of the cases that come to the court, the culprits are acquitted because of lack of evidence and witnesses and there is no appeal against the acquittal. Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 30 9. Interface with Laws in India No law at national level Chhattisgarh’s Tonahi Pratadna Nivaran Act, 2005 Bihar’s Prevention of Witch (Daain) Practices Act, 1999 Jharkhand’s The Witchcraft Prevention Act, 2001 Odisha’s Prevention of Witch Hunting Act, 2013 Maharashtra’s Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013 Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 31 The Rajasthan government has introduced a draft bill to tackle the social evil of witch hunts. Assam’s Prevention of and Protection from Witch Hunting Bill, 2015 Human Rights Defence International (HRDI)’s Prevention and Prohibition of Witch Hunting Bill, 2013. Statuspending. (www.hrdi.in) Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 32 Special laws are perceived as obstacles in successful prosecution of the suspects They only address insults, threats, physical and psychological harassment; Where these laws are enacted, states hardly takes recourse to them Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 33 Under the special laws name calling and identification of the witch is a cognizable and non-bail able offence, thus calling for action the perpetrators; Under IPC, name calling is treated in a trivial manner; To prosecute the perpetrators under the special laws, the police require credible evidence- which is very difficult. Different versions of the case and there are complex motives at play. Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 34 Easier to deal with under IPC. Section 323 of IPC prescribes one year’s imprisonment and a INR 1,000 fine to anyone who causes harm voluntarily. Punishment for brutalizing a woman could be the same as that for slapping a person. There are other sections of IPC like 302 (murder) which are invoked in witch hunt cases that lead to a woman’s death. Supreme Court of India has called for an effective enforcement of state laws against witch hunts Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 35 With Criminal Law (Amendment) Act 2013, things have somewhat changed. Disrobing a woman is viewed here as serious offence; has criminalized sexual harassment. It has also introduced right to compensation and medical treatment for the victims of acid attack and rape Needs to be extended to victims of sexual and gender based violence Public acts of forced consumption of excreta, tonsuring the head, disrobing and parading the victim naked are not covered Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 36 10. Difficulty in establishing charges Weak laws and poor implementation. Non-reporting of cases- FIRs lodged only in case of physical violence Witnesses do not come forward as they themselves believe in the sorcery- they are themselves part of the group that levies allegations. People fear the practitioners/ shamans who act as the witch finder. Little compensation disbursement, specially under Chhattisgarh law Preventive action not taken by the police Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 37 Witch killing and torturing is a human rights issue. International Human Rights Law is silent on this issue. Usually the isolated killings/ tortures are private affairs and state has no role to play in this. However, when such incidence increases and govt. is not able to control it, the state becomes responsible for it. Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 38 Under Human Rights Law, state cannot violate right to life- rather it must ensure the right to life; Due diligence of the matter is required Appropriate action to deter/ prevent/ investigate/ prosecute and punish the perpetrators. Report of the Committee on Elimination of All Forms of Discrimination Against Women 2007. Witch hunting seen as an extreme form of violence against women Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 39 11. What needs to be done for the victims Design means of appropriate redressal and recovery for the victims. Education, knowledge and awareness can help in eradicating superstitions from the society. Such practices are prevalent mostly in the remote villages where there is very less socio- economic development and basic education is absent. It is really important to educate people that such practices are inhuman and one would be penalized for such acts. They should be made aware that by indulging or participating in such acts, they are infringing on someone’s right to life guaranteed by the Constitution and going against the law. Medical aid and rehabilitation should be provided for these unfortunate women who have been tortured in the name of belief and practice. Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 40 References Contemporary Practices of Witch- Hunting: A Report on Social Trends and Interface with Law; Report prepared by Partners for Law in Development , 2014 Elwin, Verrier, “The Muria and Their Ghotul”; Vanya Prakashan, Oxford University Press, Delhi; 1991. Kelkar, Govind and Dev Nathan “Gender and Tribe: Women, land and Forests in Jharkhand”; Kali for Women, 1991 Leiban, Richard W., “The Dangerous Ingkantos: Illness and Social Control in a Philippine Community”; American Anthropolgist;1962(64): 306312. Rebecca Vermon, “Witch Hunting: Not Just in History Books”; The Cornell Daily Sun, Feb 2010 Muffled Voices: Victims of Witch Hunting in India,Dr.Deepshikha Agarwal 7/20/201 5 41 Ronald Hutton “Anthropological and Historical Approaches to Witchcraft: Potential for a New Collaboration”; Historical Journal (2004), 413- quoted in Killing of Witches, report of Special Rapporteur on extrajudicial executions to the Human Rights council (A/HRC/11/2, May27 2009 Roy, P. “Sanctioned Violence: Development and Persecution of Women as Witches in South Bihar”; Development in Practice; 1998 Vol.2 (2): 136-147 Shiva, M. “Diagnosing ‘Dyans’ and ‘Demons’”; Health for the Millions; 1999, May: Vol.25 93):38-39 Wolff, B.B., “Some Behavioral Mechanisms of Human Pain”; III Symposium IX : Pharmacology of Pain. III International Pharmacological Congress; Pergamon Press, London; 1967. 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