Odisha Rights Body Calls for Criminalizing Use of 'Dahani' Term in Witch-Hunting Cases
The Odisha Human Rights Commission (OHRC) has made a significant observation that using the term 'dahani' (witch) should be treated as a criminal offence. This recommendation came during the hearing of a 2018 witch-hunting case from Sundargarh district, highlighting the state's ongoing struggle against this harmful practice.
Petition Seeks Justice for Victims
Human rights activist Biswapriya Kanungo filed the petition seeking justice for victims of the Sundargarh incident. He received the OHRC order on Saturday, bringing renewed attention to the case that has exposed systemic failures in protecting vulnerable individuals.
Gaps in Existing Legal Framework
During its hearing, the commission conducted a thorough review of:
- The Odisha Prevention of Witch-hunting Act, 2013
- The composite action plan notified in 2017
The OHRC found several critical gaps in both enforcement and prevention of witchcraft-related violence, despite these legal instruments being in place for years. The commission noted with concern that there has been no significant change in the situation despite the existence of both the law and action plan, with such incidents continuing to recur across different parts of Odisha.
Key Deficiencies Identified
The rights body identified specific shortcomings in the current legal approach:
- No safeguards against social boycott of victims
- No protection against forced displacement from communities
- Inadequate focus on preventive measures
- Limited provisions for victim rehabilitation
Commission's Recommendations
The OHRC has called for comprehensive reforms to address these deficiencies:
Legislative Changes: The commission emphasized the need for a gender-neutral law with greater focus on prevention and rehabilitation. It specifically asked the home department to declare the use of the word 'dahani' in any form as an offence.
Interdepartmental Coordination: OHRC directed the home department and women and child development department to work jointly to examine the current situation and take necessary steps for amending the existing statute.
Action Plan Revision: The commission directed that the action plan be suitably amended by incorporating both short-term and long-term measures, including fixing accountability on persons responsible for lapses or omissions.
Implementation Strategy
To ensure effective enforcement, OHRC suggested several practical measures:
- Constitution of a special team to identify witch-hunting-affected gram panchayats and vulnerable areas
- Ensuring effective law enforcement in identified hotspots
- Providing remedial measures to victims under government welfare schemes
- Conducting awareness drives in local dialects about the Act's provisions
The commission recommended that Chief Secretary Anu Garg instruct district collectors and various departments to carry out these awareness campaigns, emphasizing the importance of reaching communities in their own languages.
Focus on Restorative Justice
The rights body stressed the urgent need to fill existing gaps by placing special emphasis on preventive measures and restorative justice. This approach recognizes that legal punishment alone is insufficient and that comprehensive support systems must be established for both prevention and recovery.
The OHRC's observations come at a crucial time when witch-hunting incidents continue to plague certain regions of Odisha, highlighting the persistent challenge of eradicating this deeply rooted social evil despite legislative efforts over the past decade.
