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The term "witchcraft" or "black magic" is frequently accompanied by recollections of violence, torture, and even mutilation in the minds of all Indian citizens. According to the Times of India, a National Crime Records Bureau report indicated that more than 1,700 women were murdered for witchcraft between 1991 and 2010. However, the true figures can get much higher. Swindlers can exploit individuals in the name of faith because of the social sensitivity to the subject of black magic. As a result, crimes related to these practices are on the rise, and the lack of unified law allows perpetrators to wander freely and commit these crimes.
The Prevention of Witch-Hunting Bill, 2016 defines "witch" as any woman who gets branded as such by a person or persons in the belief that she has the power to harm anyone or that she allegedly has such intention, or who has the belief that she has bad eyes or evil eyes, or that she can do black magic, or that she can harm people or society at large in any way through Mantras. [Section 2(h)]
Section 2(i) of the bill defines "witchcraft" as a person's alleged ability to harm another by:
occult or supernatural means referring to the usage of Tabij or any other water or water mixture in a secret manner as if it were sacred; or,
any other item or thing, such as a spell, spirits, or magical ability, with the intent to cause pain, damage, or sickness to another person or property.
The Indian Penal Code penalizes any individual who voluntarily causes hurt to another person. Section 323 provides imprisonment for up to one year and/or a fine of up to 1,000 rupees. This section often gets imposed to prosecute the people practicing witchcraft.
These provisions, however, are remedies rather than preventative measures. There are some Indian states where witchcraft laws have been enacted, making it illegal to engage in "the rituals and prayers" that cause great harm and death. One of the most detailed and thorough provisions regarding witchcraft has been implemented in Maharashtra called Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.
The crimes which have been included in this Act are:
Hurting any individual under the pretext of exorcism.
Display a miracle and earning money through deceitful methods.
Accuse a person to be cursed or an incarnation of satan.
Using mantra tantra to treat wounds like dog bites or snake bites.
Creating an impression of possession
In the case of Ishwari Lal Yadav v. the State of Chhattisgarh, the Hon'ble Supreme Court held that a tantric who offered a human sacrifice deserves the death sentence. In a nutshell, the laws related to witchcraft lacks uniformity. States have different laws which make it difficult to classify witchcraft as completely legal or illegal. Central legislation needs to get implemented that ultimately provides uniformity to the practice of witchcraft in India.
For a more detailed understanding, refer to the" Ishwari Lal Yadav vs State Of Chhattisgarh" case study by clicking the case below.