In a writ petition filed by people driven out of village as they were suspected to be practising witchcraft, the Calcutta High Court has issued directions to the state government and authorities to follow the guidelines in order to ensure the eradication of ‘witch-hunting’ in the state.
The superstitious practice of witch hunting is alarmingly affecting the lives of several widow women in India. In this insane practice, a woman is termed as ‘dayan’ or ‘witch’ by an ‘ojaa’ or ‘beg’ or a ‘witch doctor’ which leads to inhuman treatment with the woman. She may be raped, beaten up, forced to roam naked in the village, eat human excrement, have sharp things inserted in private parts, tortured, and even coerced to give up her property rights. To a higher extent she may be burnt alive to death. This severely affects her, her children and family.
National crime Bureau reported 1700 women murders in 1991-2010; the reason being witch hunting.
The main reason of prevalence of witch hunting is greed for economic gains and sexuality which is often linked to patriarchal attributes. The greedy ojaas declare a woman as witch for a certain price. A widow may be declared witch because she refused to fulfill sexual desire of some other male after husband’s death or to relinquish claim over her dead husband’s property and land.
The victims do not get any special assistance and rehabilitation. The problem is usually faced by the women of lower section of the society. She is unable to reach for assistance and understand her rights and dignity. Even if the FIR is lodged there is no proper legal recourse and the witched woman faces social stigma and isolation.
Justice Joymalya Bagchi issued the following guidelines to the state government and authorities of West Bengal disposing the writ petition:
• A committee shall be formed with the help of experts from various fields by the state government which would explore the conditions of witch hunting in every district to West Bengal and submit a report in 3 months to the state government from the date of order.
• The State Government, as per the report by the committee must form special cells in the concerned districts. The government is also required to post intelligence and police officers in the cell. They will collect information and take measures to eradicate the evil practice.
• Criminal case must be registered by the special cell officers against the offender.
• District Legal assistance to be provided under Legal service authorities act, 1987. Legal, medical and psychological help to be provided to the vulnerable.
• Comprehensive Victim Compensation Scheme may be formulated under Section 357A of Code of Criminal Procedural for victims of witch hunting.
{Section 357 A of Cr.P.C states that the state government along with the central government must formulate schemes to compensate the victims and his dependents who suffered crime and loss and are subject to rehabilitation. On the recommendation of court, the District Legal Service Authority or the State Legal Service Authority may decide the amount of compensation to be rewarded.}