Rajasthan government has introduced a bill to prevent witch-hunting and practice of witch-craft in the State.
The Rajasthan Prevention of Witch-Hunting Bill, 2015, tabled in the Assembly, provides for life imprisonment if witch-hunting causes death, and imprisonment up to five years and fine for practising witch-hunting and witch-craft and other similar practises. At least 60 per cent of the fine will be given to the victim for treatment and rehabilitation.
Importantly, the proposed law imposes collective fine on the inhabitants of place where such an offence is committed. The net proceeds of such fine shall be utilised for the rehabilitation and resettlement of the victim. It is also proposed that the State government may make one or more schemes for the rehabilitation and resettlement of the victim and to conduct awareness programme on superstitions and other related matters as it may deem proper.
At present, there is no penal provision in law to prohibit or punish the accused of witch-hunting and other similar practices in Rajasthan. The proposed legislation aims at prohibition and prevention of witch-hunting and other similar practices. Thus, the Bill helps in tackling the evil consequences and curbing crimes related or resulting from the practice of witch-hunting. The Bill prohibits any derogatory acts to human dignity such as forcing her to drink or eat any inedible substance or any obnoxious substance or parade her naked or with scanty cloths or with painted face or body. Further, displacing her from her house and other property has also been made a punishable offence under the proposed Act. The penal provisions of the proposed legislation includes witch-hunting, branding a woman as witch and other similar practices causing harm or injury to any person and who performs any practice as witch doctor.
According to the Bill, the term “witch” means a woman, locally known as “Dayan”, “Dakan”, “Dakin” who has been identified by any person or persons believing her to be in possession of, or as having, any evil power for causing any harm to any person or property; and “witch craft” has been described in the Bill as use of supernatural or magical power with evil intention to call up spirit or cast spell or discover the whereabouts of stolen goods and includes such other similar practices which are known as “Tona-Totaka”, “Tantra-Mantra”, “Jadu-Tona”, “Jhad-Phunk” or the like. Similarly, “witch doctor” means a person who is locally known as “Gunia”, “Ojha”, “Tantrik” or otherwise and claims that he has supernatural or magical power to control or cure a witch or performs any ritual purportedly to free a woman from evil spirit; while “witch-hunting” according to the Bill means any act or conduct on the part of any person, identifying, accusing or defaming a woman as a witch or harassing, harming or injuring such woman whether mentally or physically or by damaging her property.
“If, after an inquiry, the State government is satisfied that the inhabitants of an area are concerned in, or abetting, the commission of, any offence punishable under this Act, or harbouring persons concerned in the commission of such offence or failing to render all the assistance in their power to discover or apprehend the offender or offenders or suppressing material evidence of the commission of such offence, the State government may, impose a collective fine on such inhabitants and apportion such fine amongst the inhabitants who are liable collectively to pay it, provided that the fine apportioned to an inhabitant shall not be realised until the petition, is decided by law,” according to the Bill.
