Académique Documents
Professionnel Documents
Culture Documents
(DAIN) PRACTICES ACT 2001
(borrowed from the NCW report on Violence against Women in Jharkhand)
The object of this Act is to provide for effective measures to prevent the witch practices,
and elsewhere in Jharkhand, and to eradicate women’s torture, humiliation and killing by
the society and any other matter connected herewith.
The act has assumed importance off late due to the rise of killing of women under the
pretext of Witchcraft. The Penal Sections of the Act are Section 3,4,5 &6, which are as
follows:
does any act towards such identification either by words, actions or manner shall be
punished with imprisonment for a term which may extend 3 months or with fine of Rs.
1,000 or with both.
Damages for causing harm Any person who causes any kind of physical or mental
otherwise shall be punished with imprisonment for a term which may extend to 6 months
or fine of Rs. 2,000 or with both. Abetment in the identification of Witch (Daain) Any
person who intentionally or inadvertently abets, conspires, aids, instigated any other
(Daain) with an intention to cause by anyone to that to harm shall be punished with
imprisonment for a term which extend to 3 months or with fine of Rs. 1,000 or with both.
Witch (Daain) curing Whoever does any act of so healing allegedly or purportedly and
for a term which may extend 1 year or with fine of Rs.2.000 or with both.
The sentences prescribed and the paltry amount of fine has proved to be ineffective in
dealing with this social menace. Such taboos and dogmas are required to be dealt with
firmly by making the penal Provisions stringent. Sections 3,4,5 &6 should be amended to
enhance the period of sentenceto a minimum of three years. No anticipatory bail (Section
438 Cr P.C.) should be provided in this Act to the accused.
Awareness generation is going on regarding legal rights of women and action is being
taken to create awareness about the adverse consequences of women due to the prevalent
Dain Pratha in the predominantly tribal state of Jharkhand Ojhas,Sokhas,Bhagats and
other influential people brand a female member of a particular family’s a dain who is said
to be responsible for the illness, calamities and deaths in the community. The real motive
of the killers is to grab the property or to settle personal scores with the victims. They
villagers in torturing and killing the victims. The innocent villagers believe that the
woman is responsible for the illness, death, drought and despair that overwhelm their
lives.
As the factors that lead to the evil practice of Dain pratha have been reviewed, it was
found that the best strategy that the Government can adopt is
(i) Strict enforcement of the “Dain Pratha Pratishedh Adhiniyam, 2001”for effective
women’s torture, humiliation and killing by the society for any other concerned matter.
(ii) Sensitization of Police and Welfare Department Personal, and NGOs working for
prevention of dain related atrocities.
(iii) To distract the people’s attention from such evil practices and apply their energy for
more constructive purposes.
Seeing the increase in witch hunt cases the administration under the leadership of sri
superstition and Dain Pratha in every block from October 1995.The campaign was known
as “anti superstition campaign”.Jila Mahila Samiti worked side by side with the Govt. in
organizing padyatras and public meeting against Dain hunt. The combined effort of the
administration, voluntary organizations, schools and the wellwishers had a positive effect
in containing dain hunt in West Singhbhum. Ever since this campaign Jila Mahila Samiti
members mainly a group of local women have taken it upon themselves to fight against
dain hunt in the district. The other districts may also take up such exercises so that this
social evil is prevented. Organizing Women’s groups at village level and drawing up
creative plans in consultation with such groups to enhance their selfconfidence and
economic independence.
Women oriented schemes like Swayamsidha and Swashakti, which are being
implemented in the state, have an inbuilt component to make the women aware of their
legal and social rights and to empower them so that they become financially independent.
One step that can be taken may be to set up special cell at state and district levels for
follow up of awareness generation regarding legal rights of women and monitoring of
dain evidences/cases lodged regarding dain violence.
A feature quite relevant to the context of Jharkhand is the “Dain “ (Witch) concept under
which the woman is declared as Dain and imparted severe forms of punishment by the
community. This practice has acquired a new connotation wherein the men and family
members outcaste a woman from the family and capture her property or remarry as\ the
case maybe. Even during the public hearing organized by NCW 6 such cases\were
brought and relief was sought.
During the interactions with the women during the NCW visit a major area highlighted
with reference to violence against women was regarding the prevailing WITCH tradition
in Jharkhand wherein a particular woman is declared a witch and oppressed. Several case
histories have been documented and newspaper cuttings have been collected for
compilation. Data related to the prisons and the condition of women in it is being
documented. “2001 was declared by the Indian government as the Year of Empowerment
of Women. Majority of the government policies are confined to paper alone”. Amnesty
International has called on the government to consider implementation of the Policies and
comprehensive recommendations, which would help make the rights of women a reality
in India.”