Violence related to the accusation of “witchcraft” to women are prevalent mainly in plain region of the country. Addressing the violence against women in the name of witchcraft has been a bigger challenge for the government as well as the civil society since the blind faith is deep rooted in the minds of the people. Women are being victimized in the name of practicing “witchcraft” mostly in under developing counties.

Witches are supposed to have some kind of magical powers and they tend to give trouble to the local people. It is believed that magical power of the witches is responsible for the illness of the local people. Then the local people become overwrought and start to give mental and physical torture to the women who are pointed out as the witches.

Because of lack of proper laws and policies to address the issue of so called witchcraft, this practice of torture on women is becoming common and it is one of the worst tragedies of women are facing in the society of Nepal. Below mentioned are the manners of violence inflicted against women in charge of practicing “witchcraft”.
· Killing
· Expulsion from the community
· Assaults
· Feeding human excrete forcefully
· Pulling out teeth and cutting gums
· Pouring hot water
· Tearing clothes
· Hitting the hot spoon in different part of the body
· Force to touch red and hot iron rod
· Force to breathe in chillie smoke
· Force to put hands and legs in hot or ice water
· Insulting publicly
· Piercing in private organs

Cause of violence in charge of practicing witchcraft
The cause for charging witchcraft can be divided into two categories;

Direct causes:
· Sudden death of peoples where the superstition is deep rooted
· Sudden loss of property or death of domestic animals
· Elongated ailments among the in villagers
· Lose of crops or of domestic animal products
· Coincidence of some superfluous incidents
· Abortion or miscarriage

Indirect
· Personal clashes
· Religious diversity

Who are charged for practicing witchcraft

Women, especially widows, face attacks for practicing the so-called witchcraft when someone dies suddenly or falls ill for a long time or loses properties or faces bad fortunes. In the society, women, who are deformed or handicapped and devoted to religion, are accused of being witches.
Socially and economically backward women are also harassed in the name of witchcraft. Members of those, who come from the so-called “witch” family, are also suspected to be the witches.

Impact of violence on charge of practicing witchcraft

The violence perpetrated in the name of practicing “witchcraft” has adverse impacts not only on the lives of the concerned individuals but also on their family and society. The victims lose respect in the family and society. Some are not allowed to touch their grand children and others compelled to leave their homes and are reluctant to return to the village since the violence they suffered is still in their fresh memory. As the victims are ostracized from family and society, they become helpless and sometimes become the victim of torture which results in the damage of the survivor’s mental and physical health and social adaptation of different gravity and extensity, as well as with different prognosis for recovering.

Physical consequences

Perpetrators prefer to avoid visible body marks while assaulting. If the victim is examined close to the time of torture it is possible to observe physical signs. After a few weeks there is no enough physical evidence to establish a casual relationship. Immediately after torture survivors suffer from pain, haematomas, lesions, broken teeth, fractures, vaginal lesions, bleeding, etc. The lasting effects could be: malunion of fractured bones, chronic pain, organs’ or body systems’ dysfunction, impairment of mobility or walking, facial and body disfigurement.

Physical torture can be brutal and indiscriminate with severe physical damage. The most severely injured may also die during torture. The survivors present a variety of symptoms of different body systems some of which are the result of somatisation rather than physical trauma. Victims of witchcraft are at increased risk of infectious diseases, cancer, cerebrovascular damage, and heart problems. The response to systematic persecution, torture, other severe trauma of conflict and exile is determined by many factors. These vary from a person’s genetic vulnerabilities or resilience, to personal psychology and the social environment. Torture could damage the personality, destroy trust in fellow humans, and to terrorise the population,

Psychological consequences

Contrary to the physical effects, the psychological symptoms may be persistent. It may ever go along several months, years, or lifetime if untreated. Victims may still experience anxiety, panic, irritation, insomnia, nightmares, memory and lack of initiative, apathy, social withdrawal, helplessness, affective lameness, and flashbacks of the traumatic event. Symptoms of major depression, other mood disorders, obsessive-compulsive disorder, phobic disorders and psychosis may be developed more than expected in general population. There may also be changes in identity.

Involved with the torture experience there are many emotionally charged processes chiefly concerned with loss. The survivors of torture may have lost body parts, a normal body functions, or overall physical health. They are also likely to have lost work, status, family and credibility. There is also the loss of normal life development, including education, marriage, accumulation of wealth and status. The survivors perceive themselves as socially isolated and living in a hostile society, including their own cultural group, with no one to rely on.

Social Consequences

The victim of violence like “witches” usually confronts the following difficulties after his liberation:
· Social stigmatisation of themselves and their families and relatives;
· Employment problems;
· Elimination of property;
· Being avoided by others, because of fear of repression.
This social reality as well as the psychological symptoms and changes usually lead to marital and family disruption, social isolation and loneliness.

Challenges to eliminate the practice

The key challenging factor is illiteracy, lack of education certainly holds back the thinking of people. Superstitions, political interference and lack of clear legal provisions and lack of commitment of the government mechanisms are the major factors that have contributed to the problem. The superstitious practices of various kinds have dehumanized the people at large and their community, they have taken the lives of many innocent and ignorant individuals.

Lack of professional commitment of the educated sections of the society, government’s policy and programme and susceptibility are other reasons behind the existence of the blind belief on witchcraft in the society. Backward social structure and less access to health facilities are other factors to promote violence against women on charge of being witch.

Other promoting factors are lack of clear policies and programmes, lack of concern on such incidents, lack of necessary remedy. Male dominated society may be another cause for continuing this practice in our society.

Protection measures to address violence against women
National Mechanisms:

Constitution of the Kingdom of Nepal, 1990

This Constitution is the fundamental law of Nepal and all laws inconsistent with it shall, to the extent of such inconsistency, be void and it shall be the duty of every person to uphold the provisions of this Constitution.

Article 11 of the constitution says all citizens shall be equal before the law. No person shall be denied the equal protection of law and no discrimination shall be made among citizens on grounds of religion, race, sex, caste, tribe, or ideological conviction or any of these.

Article 12 guaranteed freedom of opinion and expression; freedom to assemble peaceably and without arms; freedom to form unions and associations; freedom to move throughout the Kingdom and reside in any part thereof; and freedom to practice any profession, or to carry on any occupation, industry, or trade which are basic human rights of the individuals and no person shall be deprived of his personal liberty save in accordance with law, and no law shall be made which provides for capital punishment.

According to article 21 No citizen shall be exiled and except as provided by law, the privacy of the person, house, property, document, correspondence or information of anyone is inviolable.

Directive principles under part 4 of the constitution says the chief objective of the State is to promote conditions of welfare on the basis of the principles of an open society, by establishing a just system in all aspects of national life, including social, economic and political life, while at the same time protecting the lives, property and liberty of the people.

Public (offences and penalties) Act, 1970

The act was brought to control some public crimes and provide for punishment in respect thereto in order to maintain peace and tranquility in different areas of the Kingdom of Nepal and insure the welfare, morality and good conduct of the people in general. The act prohibits committing certain public offences such as molest and insult women at public places, behaving indecorously at public places. Article 4 of the act says cases mentioned in this act shall be filed within seven days after the occurrence of the offense and the perpetrators may impose a fine of not more than 10,000 rupees according to the extent of the offense and realize compensation amounting the loss or damage from the offender for the aggrieved party or can order detention for not more than 35 days.

Criminal Code, 2001

Chapter 24 of civil code makes a number of provisions related to the offences relating to social discrimination and insulting behavior which are as follows:

No. 216 of the code says expect otherwise provided by law, any person having power to apply public authority, in the application of such authority or of general laws, if discriminated against any citizen on grounds of religion, race, sex, caste, tribe or ideological conviction shall be punished with an imprisonment for a term up to one year or a fine or with both.

No.217 of the code says whosoever, in the selling, buying or distribution of any object or service which are provided for the general public, sells, buys or distributes such object or service only to person from any specific race caste or tribe or rejects sell, buy or distribute to any person from any specific race, caste or tribe or insults any person from any specific race, caste or tribe by doing unequal treatment, shall be punished with an imprisonment for a term up to one year or a fine with both.

No.218 of the code says nobody should fraudulently or forcefully compel others to do or cause to do any thing, which disturb or would disturb the social custom of another person. He, who commits or cause to commit such an act, shall be punished with an imprisonment for a term up to one year or with a fine of up to ten thousand rupees or with both.

No.219 states; whosoever, discriminates any other person on the ground of caste or social tribe as untouchable, or prohibit access to public place or deprives from the use of any public utilities or services, shall be punished with an imprisonment for a term up to one year or with a fine of up to ten thousand rupees or with both.

No 220 states : whosoever, torture physically or mentally another person or commits cruel, inhuman or insulting treatment to such person, on the basis of gravity of such torture or treatment shall be punished with an imprisonment for a term up to three years or a fine or with both.

No. 221 states whosoever accuses any person as witch or banishes such person from the village or boycotts socially or commits any inhuman or insulting treatment, shall be punished with an imprisonment for a term up to one year or with a fine of up to ten thousand rupees or with both.

Like wise chapter 27 of the code deals with the offences relating to defamation, which strictly prohibits defamation,

No 237 of code says whosoever by writing, or by words, or by conduct or by symbol, or by visible representation, or by any means directly or indirectly makes or publishes any imputation concerning any person intending to harm or knowing or having reason to believe that such imputation will harm the personal character, the conduct, the morality or the reputation of such person, or causes it to be believed that the body of that person in a state generally considered as disgraceful shall be deemed to defame that person. Any person who commits defamation against another person should be punished.

Besides above mentioned legal provisions Section of Assault of Civil Code 1962 and Act related to Insulting also strictly prohibits such practices.

International Mechanisms:

International legal framework for the protection of human rights of women is very broad. A number of international treaties contain provisions that protect the human rights of all human beings, irrespective of their gender. These include the human rights treaties adopted by the United Nations as well as the Universal Declaration of Human Rights, 1948.

Universal declaration of Human Rights, 1948

Universal declaration of Human Rights recognized the inherent dignity and of the equal and inalienable rights of all is the foundation of freedom, justice and peace in the world. Article 1 of the declaration guarantees a right to equality and says all human beings are born free and equal in dignity and rights. Article 2 guarantees a right to non-discrimination: everyone is entitled to all rights and freedoms set forth in the declaration, without any kind of discrimination such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Everyone has the right to life, liberty and security of person (article 3).

Article 5 of the declaration prohibits Torture or cruel, inhuman or degrading treatment or punishment.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of the declaration (Article 7).

Article 8 of the declaration ensures everyone, the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. Everyone is entitled in full equality to affair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him (Article 10).

Article 12 of the declaration states no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attack upon his honour and reputation. Everyone has right to the protection of the law against such interference or attacks.

International Covenant on Civil and Political Rights (ICCPR), 1966

The preamble of ICCPR States that the foundation of freedom, justice and peace in the world is the inherent dignity and of the equal and inalienable rights of all members of the human family.

Article 2 of the covenant contains the basic understandings to respect and ensure the rights in the covenant to adopt the necessary measures to give effect to all those rights and to ensure that an effective remedy exists and is enforced in the event of violation.

Article 7 of the covenant protects individual’s Freedom from Torture: No one shall be subjected to torture or cruel inhumane or degrading treatment or punishment without his free consent to medical or scientific treatment. This article is non-derogable in any circumstances. The purpose of article 7 is to protect the integrity and dignity of the individual.

Article 10 guarantees the human treatment of persons; The humane treatment of persons deprived of their liberty, which shall be treated with humanity and with respect for the inherent dignity of the human person and it further state that accused persons shall be subject to separate treatment appropriate to their status as unconvinced persons, and accused juvenile person’s shall be separated from adults and brought as speedily as possible for adjudication.

Right to Fair Trail (Article 14), One of the cordial rules of fair trail is public hearing, which is guaranteed by this article and provides everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law, not to be compelled to testify against him or to confess guilt. The procedure of Juvenile persons case shall be taken in account of their age and the disability of promoting their rehabilitation.

Arbitrary Interference (Article 17): No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation and everyone has right to the protection of the law against such interference or attacks.

Article 26 guarantees equal protection before the law: All persons are equal before the law and are entitled without any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979

The Treaty for the Rights of Women is the most comprehensive international agreement on the basic human rights of women; it is an important tool for all those who seek to end abuses of women and girls. CEDAW has often been described as an 'international bill of rights' for women. It is based on the belief that basic human rights include the true equality of men and women. "...Any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field." (Article 1)

Article 2 of CEDAW urges all countries to work towards eradicating discrimination against women by introducing new laws or policy, changing existing discriminatory laws and providing sanctions for discrimination where it occurs.

Article 3 of CEDAW requires countries to actively promote women's full development and advancement, so that they can enjoy human rights and fundamental freedoms on the same basis as men.

Article 14 of CEDAW gives special attention to the women living in remote areas which urge all countries to ensure that the particular needs of rural women are met in relation to access to services, training and employment opportunities, and social equity schemes.

Convention against Torture and Other Cruel, Inhumane degrading treatment or Punishment, 1984

Article 1 provides the definition of torture which means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

Article 2 Obliges State parties to take effective measures to prevent torture and stipulates that torture cannot be justified under any circumstances.

Article 4 obliges states to define acts of torture including attempted torture and participation in torture as crimes in their national legislation.

Article 16 obliges states to prevent public officials from committing or acquiescing in other acts of cruel, inhuman or degrading treatment.

Way forward

“Witchcraft” and violence against women on charge of being a witch is a grave human rights violation and matter of concern to the civilized people. It is one of the main problems for women in a developing countries like Nepal where males are dominant. “Witchcraft” is taken as an undesirable and harmful phenomenon for the society, it still exists in some part of Nepal. Sometimes innocent people are blamed to be witches and they are treated very badly by the whole society.
The government and the civil society have a vital role to play to wipe out the blind belief of “witchcraft” and work towards rehabilitating the victims. They must come forward with policies and programmes to save the innocent women from being victimised. The political parties and NGOs should initiated serious campaigns against the blind beliefs that have been pushing the society backward.
Violation against women in the name of “witchcraft” is a type of exploitation against women. So such injustice against women is punishable by existing laws. It is probably because of the conflict, more and more incidents of witchcraft are being reported into the media unlike the past practices.
To count such a major bid, a group of lawyers have filed a writ petition in the Supreme Court challenging such practice of violation related to witchcraft. The constitution provides for that "...special provisions may be made by law for the protection and advancement of the interest of women....". On the ground of such constitutional provisions the government may introduce specific law to address the social evils like “witchcraft”. On this writ petition Supreme Court has issued order in the name of HMG cabinet secretariat and ministry for law, justice and parliamentary affairs to immediately formulate law to put an end to the crime accusing women for witchcraft. In the decision Supreme Court has ordered to organize awareness campaigns to eliminate the conservative superstitions by increasing social awareness.
Complaint should be filed against the perpetrators as earliest as possible and the actions for compensation to the victims should be taken by the local organizations. New policies and programmes to address the issues related to witchcraft is the utmost to eliminate such violence.
Specific law is required to eradicate such inhumane practice prevailing in our society. The sooner such law is made and enforced, the better for the sake of justice and harmony in the society.

References:
Sharma, Chhatra mani, Witchcraft in Nepal: A tragedy to Women
Witchcraft a form of violence against women and review of related legal provision, National Human Rights Commission