Witch-Hunting in Bihar

“Witch hunts are always less about witches and more about hunting, especially hunting Women who defy norms.” — Silvia Federici,( feminist scholar and author of Caliban and the Witch)

1. Introduction: Witchcraft Accusations and Their Enduring Impact

Despite India’s constitutional commitment to human dignity, equality, and justice, the persistent occurrence of witch-hunting in several parts of the country reveals a grim reality: The survival of archaic, patriarchal, and superstitious practices even in the 21st century. Nowhere is this more evident than in the state of Bihar, where allegations of witchcraft continue to endanger the lives and liberties of vulnerable individuals, most often women from Scheduled Castes (SCs) and Scheduled Tribes (STs). While India has emerged as a global technological power, certain rural and tribal communities remain trapped in a world of fear, ignorance, and social exclusion.

In Bihar, accusations of witchcraft—commonly referred to using terms such as daain or chudail—are frequently levelled against elderly women, widows, or women with no male protection. These accusations are rarely the result of genuine belief in the supernatural. Instead, they are deeply intertwined with patriarchal motives, caste hierarchies, economic disputes, or the desire to grab land or suppress dissent. This weaponization of superstition becomes a socially sanctioned tool to marginalize, punish, and even eliminate individuals perceived as burdens or threats.

Recent cases, such as the Purnia massacre in July 2025 and the brutal murder of Bugia Devi Katihar, illustrate the violent manifestation of these beliefs. In both incidents, the victims were brutally assaulted, murdered, and denied access to justice by a system that is either complicit or apathetic. The survivors often face intense psychological trauma, societal ostracization, and inadequate support mechanisms.

While Bihar does have a state-specific law—the Prevention of Witch (Daain) Practices Act, 1999—it is poorly enforced and largely unknown among rural populations. Police investigations are often delayed, medical help is unavailable, and convictions remain rare. The practice continues due to the state’s failure to address root causes such as illiteracy, poverty, poor healthcare, and the unchecked influence of local ‘ojhas’ or witch doctors.

This article aims to examine the crisis of witch-hunting in Bihar through an interdisciplinary lens. It draws upon legal, sociological, and human rights perspectives to analyze the persistence of the practice. It not only surveys the historical and cultural foundations of witchcraft accusations but also evaluates the legal and institutional frameworks currently in place.

2. Historical Context and Cultural Persistence of Witch-Hunting in Bihar

The roots of witch-hunting in Bihar are embedded in centuries of superstition, social stratification, and deeply patriarchal norms. In traditional societies, unexplained misfortunes such as disease, death, crop failure, or infertility were often attributed to supernatural forces. Across rural India—and particularly in tribal belts of Bihar—these events continue to be interpreted through the lens of magic, witchcraft, and malevolent spirits. Accusations of witchcraft, rather than stemming from irrational fear alone, serve a practical socio-political purpose: they are instruments of social control, especially against women, Dalits, and the elderly.

Colonial records from the 19th and early 20th centuries show that witch-hunting was already prevalent in Bihar's regions like Gaya, Bhagalpur, and Purnia. The British, while introducing codified laws and courts, often left such practices unchecked unless they disrupted public order. Thus, local communities continued to operate on customary beliefs where 'daains' could be punished through community-sanctioned violence. Post-independence, the Indian state failed to intervene meaningfully in these deeply entrenched rural traditions, leaving behind a legal vacuum.

The cultural persistence of witchcraft belief in Bihar is evident in practices like the 'bhoot mela' or ghost fair, held annually in parts of the state. In such events, faith healers and tantriks claim to diagnose individuals "possessed" by spirits or bewitched by neighbors. These events reinforce community belief in supernatural causality, further legitimizing the branding of individuals—particularly women—as witches.

In many cases, the branding is a tool to dispossess women of land and property. For example, widows or women living alone become easy targets, especially if they have inherited land. A common tactic is to accuse such women of witchcraft after a local death or misfortune, followed by mob violence to drive them out. The accusation is usually confirmed by a village 'ojha' or traditional healer, who often acts in collusion with local elites.

Caste hierarchies play a pivotal role in sustaining these beliefs. Most witch-hunting victims in Bihar belong to Dalit or tribal communities, groups that already face systemic social discrimination. When targeted, these women rarely have access to police, legal aid, or social support. Their complaints are often dismissed or ignored, reinforcing the cycle of impunity.

The historical and cultural entrenchment of witch-hunting in Bihar reveals that the issue goes beyond superstition. It is a structural form of violence that intersects with gender, caste, and economic deprivation. Any serious attempt to eradicate it must begin by acknowledging this complex socio-cultural reality and integrating it into law, education, and policy-making.

3. The Legal Framework and Its Shortcomings

While the Indian legal system prohibits murder, assault, and harassment under the Indian Penal Code (IPC), there is no comprehensive central legislation addressing the specific sociocultural context of witch-branding and witch-hunting. This legal gap is especially problematic in states like Bihar, where such crimes are still widespread and culturally normalized.

Bihar is among the few states that have enacted state-specific legislation to combat witchhunting. The Bihar Prevention of Witch (Daain) Practices Act, 1999, criminalizes branding women as witches and prescribes punishment for physical or mental torture. But the implementation of this law has been weak, inconsistent, and largely ineffective. There is no provision for special courts, victim rehabilitation, or awareness campaigns. Additionally, the police and judiciary often lack training or sensitivity in handling such cases, leading to delays and poor conviction rates.

The provisions under the IPC, such as Section 302 (murder), Section 307 (attempt to murder), Section 323 (voluntarily causing hurt), and Section 506 (criminal intimidation), are inadequate in capturing the cultural and gendered dimensions of witch-hunting. These laws treat the acts as isolated criminal offences without addressing the systemic motives of superstition, gender oppression, caste violence, and property dispossession.

The new criminal law reforms—Bharatiya Nyaya Sanhita (BNS), 2023—also fail to provide a distinct clause for witch-branding, missing an opportunity to codify this pressing issue at the national level. Without a uniform legal framework, enforcement agencies remain confused, victims lack adequate legal remedies, and state responses vary drastically.

Judicial intervention has also been limited. Although courts have occasionally condemned witch-hunting—as seen in the case of Madhu Munda v. State of Bihar—such judgments are exceptions, not the norm. The lack of judicial activism, compounded by poor access to legal aid for marginalized communities, means that most victims do not see justice served.

4. Gender, Caste, and Property: Underlying Motives in Witch-Hunting

Witch-hunting in Bihar cannot be understood merely as a consequence of superstition; it must be analyzed through the deeper lens of social structures, particularly gender, caste, and economic inequality. Most victims of witch-branding are women, and a disproportionate number belong to Scheduled Castes (SCs), Scheduled Tribes (STs), or Other Backward Classes (OBCs). Their marginalized status in society makes them particularly vulnerable to false accusations, social exclusion, and physical violence.

Property disputes remain one of the most insidious and underreported drivers of witchhunting. In rural areas, where land remains a primary source of livelihood and status, women who inherit or possess property are often targeted by male relatives or neighbors who wish to dispossess them. Branding a woman as a "witch" becomes a convenient pretext to force her out of the village or seize her land. In many such cases, the accuser is a relative with a vested interest in the woman’s displacement or demise.

Caste-based hierarchies further exacerbate the issue. Dalit and tribal women—already relegated to the margins of society—lack the social capital and political voice to defend themselves. The intersectionality of caste and gender compounds their vulnerability. Even when such women survive an attack, they are often unable to reintegrate into their communities, which view them as tainted or cursed.

Gender norms also play a central role in perpetuating witch-hunting. Women who are outspoken, childless, widowed, or who defy patriarchal expectations are disproportionately accused. Such accusations serve as a mechanism of social control, reinforcing traditional gender roles and punishing women who deviate from them. Witch-hunting becomes, therefore, not just a superstitious act, but a form of gender policing rooted in misogyny.

These dynamics often operate under the guise of communal belief systems. Accusations are legitimized by ojhas (witch doctors), and panchayats often issue informal judgments that are binding within the village, regardless of their legality. This fusion of patriarchy, casteism, and superstition creates a powerful matrix of oppression that leaves victims without recourse.

Thus, to combat witch-hunting effectively, any intervention must address not only the criminality of the act but also the underlying social structures that enable it. Laws alone will not suffice; what is needed is a comprehensive, intersectional approach that challenges the caste and gender inequalities embedded within rural Bihar's socio-cultural fabric.

5. Institutional Response and Governance Gaps in Bihar

Despite the existence of laws and human rights frameworks intended to safeguard vulnerable populations, the institutional response to witch-hunting in Bihar remains deeply inadequate. One of the central challenges lies in the apathy and inefficiency of state agencies, including the police, district administration, and healthcare systems. These institutional failures create an environment where superstition thrives, and justice remains elusive for victims.

Police in rural Bihar are often either unaware of the special legislation governing witchhunting or reluctant to apply it due to political pressure or personal bias. In many reported cases, victims or their families have alleged that police officers refused to register First Information Reports (FIRs), conducted shoddy investigations, or even colluded with the accused. The absence of gender-sensitive and caste-aware policing has severely eroded public trust, especially among Dalit and tribal communities.

Judicial delays are another critical problem. There is a glaring lack of special courts or fast-track mechanisms to deal with witch-hunting cases. Victims, many of whom are illiterate and impoverished, often have no legal representation and are unable to navigate the complex judicial process. Without timely justice, perpetrators are emboldened, and survivors remain trapped in cycles of fear and marginalization.

Healthcare institutions, too, fail in providing prompt and adequate medical and psychological assistance to victims of witch-hunting. In many cases, women who survive physical assaults or social ostracization are left without access to trauma counseling or rehabilitation facilities. There is no state-funded victim compensation scheme tailored specifically for survivors of witch branding, despite the severe psychological and social consequences they endure.

District administrations have also shown a lack of initiative in conducting awareness campaigns or community-level interventions. Panchayati Raj Institutions (PRIs), which are supposed to act as the grassroots arm of governance, are often complicit in witch-branding or remain silent bystanders. Without administrative accountability or clear protocols, these bodies fail to serve as protectors of vulnerable citizens.

The National and State Human Rights Commissions, while occasionally taking suo motu cognizance of major incidents, have limited enforcement power. Their recommendations are often ignored by state machinery, and follow-up actions are rarely documented or publicized.

6. Human Rights, Constitutional Protections, and the Role of Civil Society

Witch-hunting in Bihar is not merely a manifestation of social superstition—it constitutes a direct violation of the fundamental human rights guaranteed under the Indian Constitution and recognized under international legal frameworks. At its core, this practice strikes at the heart of dignity, equality, and the right to life, rendering it not only a criminal injustice but also a constitutional crisis. Victims—predominantly women from marginalized castes and communities—are routinely stripped of their rights, ostracized, brutalized, and in many cases, murdered with impunity. The state’s inability to prevent or respond effectively to these violations marks a failure of both governance and justice delivery.

The Indian Constitution enshrines several fundamental rights that are routinely breached in witch-hunting cases. Article 14 guarantees equality before the law and equal protection under the law. However, women branded as witches often find themselves denied equal protection, with police and judicial systems either ignoring their pleas or treating them with apathy.

Article 15 prohibits discrimination on grounds of sex, caste, or religion—yet victims of witch-branding are almost invariably targeted for belonging to Scheduled Castes, Scheduled Tribes Tribes, or other vulnerable categories. Most importantly, Article 21 guarantees the right to life and personal liberty, which includes the right to live with dignity. In witch-hunting cases, this right is egregiously violated, often culminating in death, torture, or permanent social exclusion.

Internationally, India is a signatory to several human rights treaties that demand accountability and protection in such matters. These include the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the International Covenant on Civil and Political Rights (ICCPR), and the Universal Declaration of Human Rights (UDHR). Under these instruments, India must prevent gender-based violence, protect vulnerable populations, and provide access to justice. Continued incidents of witchhunting place India in breach of these international obligations, calling for stronger monitoring and intervention by national and global bodies.

In this landscape of state failure, civil society organizations (CSOs), human rights groups, and non-governmental organizations (NGOs) have played a critical role. In Bihar, NGOs such as Jan Jagran Shakti Sangathan and AIDWA (All India Democratic Women’s Association) have worked to raise awareness, document violations, and support victims. These organizations often serve as the only source of legal aid, psychological counseling, and community rehabilitation for survivors. Through public interest litigation (PILs), rights-based campaigns, and grassroots mobilization, civil society has pushed for accountability where the state has faltered.

The involvement of media and human rights commissions, such as the National Human Rights Commission (NHRC) and the National Commission for Women (NCW), has added much-needed visibility to the issue. While these institutions lack enforcement powers, their Reports and recommendations have influenced policy debates and pressured the state governments to act, albeit slowly and inconsistently.

Still, the impact of civil society is limited by a lack of resources, political pushback, and threats to activists working in remote areas. Community resistance, deeply embedded patriarchal structures, and fear of social reprisal often hinder awareness campaigns and legal outreach. Without systemic support and institutional collaboration, civil society efforts remain fragmented and insufficient.

8. Comparative Legal Frameworks: Lessons from Other Jurisdictions

To tackle the menace of witch-hunting effectively, India—particularly states like Bihar—can draw valuable lessons from other countries that have confronted similar problems. Although witch branding is often rooted in region-specific socio-cultural dynamics, the underlying issues of gender-based violence, superstition, and institutional apathy resonate across global contexts. By examining comparative legal frameworks and responses from nations like Ghana, Tanzania, Papua New Guinea, and Nepal, we can better understand how India’s fragmented and state-led approach falls short and what can be done to remedy this gap.

Ghana has witnessed widespread witch branding, particularly in its northern regions, where women have been accused of causing misfortune, disease, or death. However, the country has taken significant steps to address this. In 2020, Ghana passed legislation banning the practice of branding anyone as a witch, and authorities moved to shut down “witch camps”—isolated settlements where accused women were banished. The law also prescribes penalties for those found guilty of accusing others of witchcraft or subjecting them to violence.

Tanzania, one of the few countries with specific laws against witchcraft practices, passed the Witchcraft Act as early as 1928, but in the last two decades, the government has intensified prosecutions and community-based awareness programs. Witch-hunters and traditional healers who incite violence are being prosecuted, and in several cases, sentences have ranged from life imprisonment to capital punishment. Importantly, Tanzania has recognized witch-hunting as a gendered human rights issue, not just a cultural concern.

Papua New Guinea also faced widespread violence stemming from sorcery accusations. In 2013, the Sorcery Act of 1971 was repealed, and new laws were enacted to criminalize sorcery accusation–related violence (SARV). The Criminal Code Amendment Act of 2013 imposes strict penalties for those engaging in violence related to sorcery accusations, acknowledging that such acts disproportionately affect women and violate international human rights standards.

Closer home, Nepal criminalized witch-hunting through the Witchcraft Allegation (Crime and Punishment) Act, 2015. The law provides strict imprisonment and compensation for victims and places the burden of proof on the accuser. It also mandates state-funded Rehabilitation and legal aid for the survivors, a model that could be adapted for Bihar and other Indian states.

What sets these countries apart is not just the presence of anti-witchcraft laws, but the political will to implement them, the integration of rehabilitation mechanisms, and the emphasis on educating communities to eradicate superstition. India's response has largely been reactive, fragmented, and under-enforced, with state-specific laws like Bihar’s 1999 Act failing to offer a comprehensive or rights-based framework.

Therefore, India must move towards enacting central legislation that mirrors international best practices. This legislation should:

Criminalize witch-branding and related violence with explicit and severe penalties;
Include provisions for victim protection, rehabilitation, and compensation.
Mandate public education campaigns aimed at eradicating superstition and promoting a scientific temper. The a
Establish specialized training for police, judiciary, and healthcare professionals.

India’s National Human Rights Commission (NHRC) has repeatedly raised concerns over the prevalence of witch-hunting in Bihar and other states. However, its role is largely advisory, and its recommendations are seldom followed with urgency or seriousness by state authorities.

The intersectionality of gender, caste, and socio-economic marginalization in witchhunting cases reveals a systemic pattern of exclusion and violence. The victims are often voiceless, powerless, and invisible in both the public and legal discourse. Legal remedies alone are insufficient unless accompanied by proactive state intervention, social awareness, and mechanisms for restorative justice.

10. Recommendations and the Way Forward: Towards a Rights-Based, Multi-Pronged Strategy

To address the enduring crisis of witch-hunting in Bihar, a multi-dimensional and rights-based strategy is essential—one that combines legal reform, institutional accountability, social transformation, and community engagement. The following recommendations aim to dismantle the socio-legal structures that sustain this brutal practice and ensure protection, dignity, and justice for the victims.

1. Enact a Comprehensive Central Legislation

While Bihar has the Prevention of Witch (Daain) Practices Act, 1999, the absence of a central law leads to fragmented and inconsistent responses across states. A uniform national legislation should be introduced to:

Explicitly criminalize witch-branding and related acts of violence.
Provide clear definitions of terms like "witch-branding," "ojha," and "community-based exorcism."
Establish special fast-track courts and dedicated investigative units.
Include provisions for victim rehabilitation, including compensation, counseling, and relocation assistance.

2. Strengthen Implementation of Existing State Laws

The Bihar Prevention of Witch (Daain) Practices Act must be revised to:

Introduce time-bound investigations and trials.
Mandate awareness programs in schools and Panchayati Raj Institutions.
Set up a State-level Monitoring Committee with representatives from civil society, women’s organizations, and human rights defenders to oversee enforcement.
Create a victim assistance fund and safe shelter homes in high-risk districts.

3. Institutional Reforms: Police, Judiciary, and Healthcare

Institutional apathy is one of the biggest barriers to justice for victims. Reform must include:

Mandatory training for police officers, judicial officers, and medical professionals on handling witch-hunting cases with gender and caste sensitivity.
Community policing models in tribal and backward districts are designed to build trust and ensure quick response.
Legal aid cells in vulnerable regions with trained paralegals from within the community.

4. Community Awareness and Behavioral Change

Since witch-hunting is deeply embedded in superstition and patriarchal norms, legal solutions must be coupled with behavioral interventions. This includes:

Partnering with NGOs and religious/cultural leaders to debunk myths around witchcraft.
 Launching mass media campaigns using radio, TV, and social media in regional languages.
 Incorporating human rights and scientific temper in school curricula, especially in tribal districts.
 Organizing gender sensitization workshops for village-level panchayats, teachers, and local leaders.

5. Empowerment of Women and Vulnerable Groups

Witch-hunting disproportionately affects widows, single women, Dalits, and Adivasis. Therefore, protection must begin with empowerment:

 Increase access to education, vocational training, and employment for rural women.
 Strengthen women’s Self-Help Groups (SHGs) and ensure their representation in Gram Sabhas.
 Provide secure land and housing titles to single women and widows to reduce vulnerability to property-related accusations.

6. Data Collection and Research

Currently, there is no centralized database on witch-hunting incidents in Bihar or India. The National Crime Records Bureau (NCRB) must:

 Create a dedicated category for witch-hunting under crimes against women.
 Mandate annual reports by states on registered cases, convictions, and victim support mechanisms.
 Encourage academic research on the socio-economic patterns of witch-hunting to inform policy.

Conclusion

Witch-hunting in Bihar is a multi-layered social pathology, not merely a set of isolated criminal acts. It arises from a toxic combination of superstition, patriarchy, caste discrimination, and state failure. Addressing it requires more than laws—it calls for a transformative approach that reshapes community beliefs, empowers the marginalized, and ensures that the law serves the vulnerable.

The road ahead is long, but the urgency is clear. A state that fails to protect its most vulnerable—especially poor, rural, Dalit, and tribal women—from such brutality, fails its constitutional and moral mandate. Through a unified legal and social movement, Bihar and India must decisively break with this medieval past and build a future rooted in justice, equality, and human dignity.

. . .

References:

The Constitution of India, 1950 — Articles 14, 15, and 21. (Guarantees the right to equality, non-discrimination, and protection of life and personal liberty.)
The Bihar Prevention of Witch (Daain) Practices Act, 1999. (State legislation criminalizing witch-branding and witch-hunting.)
Indian Penal Code, 1860 (now substituted by the Bharatiya Nyaya Sanhita, 2023). (Sections 302, 307, 323, 506 for murder, attempt to murder, hurt, and criminal intimidation.)
Madhu Munda v. State of Bihar, 2009 (1) BLJR 964 (Jharkhand High Court). (A landmark case upholding a conviction for witch-hunting-related murder.)
National Human Rights Commission (NHRC), India – Press Release, July 2025. (Suo motu cognizance of the Purnia witch-hunting case.)
National Crime Records Bureau (NCRB), “Crime in India” Report, 2023. (Annual statistical data on crimes, including witch-hunting, under crimes against women.)
Vidhi Centre for Legal Policy, “Witch-Hunting in India: Legal and Policy Challenges”, 2022. (A policy paper analyzing legal gaps and recommending legislative reform.)
Partners for Law in Development (PLD), “Gendered Injustice: Witch-Hunting and Legal Responses”, 2021. (Explores the gender dimensions and legal inadequacies in combating witchcraft.)
UN Human Rights Council, Report on Harmful Practices Related to Accusations of Witchcraft and Ritual Attacks, A/HRC/48/62, 2021. (Recognizes witch-hunting as a global human rights violation and urges member states to act.)
Sharma, S. & Das, P., “Witch-Hunting in India: A Study of Socio-Cultural and Legal Dimensions”, Indian Journal of Gender Studies, Vol. 26, No. 3, 2020. (Peer-reviewed article detailing historical, sociological, and legal perspectives.)

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