The coming winter session in the Bihar Assembly is expected to see the introduction of a unique bill that makes "identification and oppression of a person said to be a dain " a cognisable offence. The proposed "Identification of Dain (Witch) Prevention Act, 1995" stipulates imprisonment as well as monetary fines for those aiding and abetting witchcraft related crimes.
According to the bill, any person who "identifies, abets, instigates or facilitates the identification" of a woman as "having any power ofharming any person through black magic, bad eyes or mantras" will be punishable with a prison sentence of up to six months, or Rs 2,000 or both. Further, "any person who causes any physical or mental harm to anyone identifying that person as dain " shall also be guilty in the eyes of the law. The bill also makes " jhad-phook or totka " (exorcism) performed to "cure dains" a punishable offence.
"There are no laws against social persecution and collective harassment of alleged dains as of now. Prosecution is possible only after someone is killed and even then, culpability is difficult to establish becausesthese are cases of mob violence," observes J.S. Jaiswal of the Jamshedpur-based Free Legal Aid Committee, a human rights group that has helped draft the bill. Jaiswal's observations are borne out by the fact that trial is still awaited in at least 50 witchcraft related cases in various courts of the state. And, most of the undertrials may get away because they have been charged for minor offences under different provisions of the Indian Penal Code.
But efforts are on. A nine-member presidium was set up at Jhargam in West Bengal on November 11 to coordinate a campaign against witchhunting throughout the tribal areas of West Bengal, Bihar and Orissa.
"Such awareness drives coupled with the new law will send the message that harassing 'witches' is wrong and the sarkar will be quick to penalise on the spot," says Kiran Chawla of Adarsh Seva Sanstha, an NGO working among migratory tribals in the Singbhum district.
And, hopefully, a loss of Rs 2,000 might put an end to the loss of innocent lives.
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