The Odisha Prevention of Witch-Hunting Act, 2013

The Odisha Gazette

EXTRAORDINARY PUBLISHED BY AUTHORITY No. 434 Dated. 25 February, 2014

DEPARTMENT OF LAW The 25th February, 2014 NOTIFICATION

No. 2096 I-Legis-20/2013/L- The following Act of the Odisha Legislative Assembly having been assented to by the Governor on the 15th February, 2014 is hereby published for general information :–

ODISHA ACT 3 OF 2014

AN ACT TO PROVIDE FOR EFFECTIVE MEASURES TO TACKLE THE MENACE OF WITCH HUNTING AND TO PREVENT THE PRACTICES OF WITCH CRAFT IN THE STATE OF ODISHA AND FOR MATTERS CONNECTED THEREWITH AND INCIDENTAL THERETO.

Short title, extent and commencement-

Definitions

BE it enacted by the Legislature of the State of Odisha in the Sixtyfourth Year of the Republic of India as follows: -

1.(1) This Act may be called the Odisha Prevention of Witch-hunting

Act, 2013.

1. (2) It extends to the whole of the State of Odisha.
2. (3) It shall come into force on such date as the State Government may, by notification,appoint.

2. In this Act, unless the context otherwise requires, — (a) “Witch” means a woman, locally known as “Dahani’, “Dayan” or otherwise, who has been identified by any person or persons believing her to be in possession of, or is having, any evil power for causing any harm to any person or his property; (b) “Witch craft” means 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 locally known as ‘Guni’, ‘Jhada phunka’, ‘Cot Bidya’, ‘Bata Bidya’, ‘Kula Bidya’, ‘Nakha Darpana’ or by any other name; (c)“Witch-doctor” means a person who claims to be a Gunia, Tantrik, Kalisi or by any other name called and claims or is believed to be having supernatural or magical power to control or to cure a witch or by performing rituals to free a woman from evil spirit or bless a woman with a child or performs any ritual on behalf of any person with an intention to harm a person; (d) “Witch- hunting” means any act of omission, commission or conduct on the part of any person,— (i) identifying, accusing or defaming a woman as a witch, or (ii) harassing, harming or injuring such woman whether mentally or physically or damaging her property.

3. No person shall commit witch-hunting or exercise or practise witch craft with intent to cause harm or injury to another person.

(1) Whoever, except in the cases provided for in sub-section (2), commits witch-hunting, or abets, or provokes for witch hunting, shall be punishable with imprisonment for a term which may extend to three years or with fine but which shall not be less than one thousand rupees or with both. (2) Whoever forces any woman, branding her as witch, to drink or eat any inedible substance or any other obnoxious substance or parade her with painted face or body or commits any similar acts which is derogatory to human dignity or displaced from her house, shall be punishable with imprisonment for a term which shall not be less than one year but may extend to five years and with fine.

Whoever practises witch craft or other similar practices with intent to cause harm or injury to any person shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years or with fine which shall not be less than five thousand rupees or with both.

Whoever performs any practice as witch doctor knowingly that such practices shall cause harm or injury to the person upon whom such practices is being performed, shall be punished with imprisonment for a term which shall not be less than one year but may extend to three years or with fine which shall not be less than five thousand rupees or with both.

Whoever, having already been convicted of an offence punishable under this Act, is convicted for the second offence or any offence subsequent to second offence, shall be punishable with imprisonment for a term which shall not be less than three years but may extend to seven years and with fine which shall not be less than ten thousand rupees.

The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.

(1) Where a sentence of fine is imposed under sections 4,5,6 and 7 the Court shall, in fixing the amount of fine, take into consideration the physical and mental damage caused to the victim including any cost of treatment and also damage, if any, caused to the property. (2) When a Court imposes sentence of fine, the court shall while pass-ing judgment, order the whole or part of the fine recovered to be awarded as compensation to the victim.

Every offence under this Act shall be cognizable and non-bailable.

The State Government may make one or more schemes to conduct awareness programme on blind belief and educate people about the absurd concept of evil spirit, witch craft and for such other matters as the State Government may deem proper.