Odisha law commission recommends sweeping amendments to anti-witch hunting Act

The Odisha law commission has proposed a tougher, more enforceable, and a victim-centred anti-witch hunting Act to tackle the brutal practice that continues to claim lives across tribal and rural belts

Bhubaneswar: The Odisha Law Commission has recommended sweeping amendments to the Odisha Witch Hunting (Prohibition, Prevention and Protection) Act, 2013, proposing a tougher, more enforceable, and a victim-centred law to tackle the brutal practice that continues to claim lives across tribal and rural belts.

Witchcraft-related murders remain a grave concern in Odisha. (Representational image)

The proposed legislation — to be called the Odisha Witch Hunting (Prohibition, Prevention and Protection) Amendment Act, 2025 — seeks to plug glaring loopholes in the existing law by prescribing stricter punishments, mandating victim rehabilitation and compensation, and establishing district-level task forces to monitor implementation and awareness campaigns.

The Law Commission’s recommendation to the state government in September this year follows a detailed review of the 2013 Act and the findings of a report titled “Study on Prevention of Witch Hunting in Odisha”, published by the Odisha State Commission for Women in collaboration with ActionAid Association (India) in December 2021. The report had noted that the existing law was seldom invoked in police cases, with most prosecutions registered under general IPC provisions. HT has reviewed the recommendations of the Law Commission.

According to the Commission headed by former high court judge justice(retd) Biswanath Rath, this failure was symptomatic of a deeper malaise — poor awareness, administrative neglect, and a lack of institutional support for victims who often face forced displacement, social boycott, and economic ruin.

Witchcraft-related murders remain a grave concern in Odisha characterised by mob violence, brutal attacks and superstition-driven accusations against individuals believed to be practising witchcraft. It is highly prevalent in 12 of Odisha’s 30 districts, especially Mayurbhanj, Keonjhar, Sundargarh, Malkangiri, Gajapati and Ganjam. According to the National Crime Records Bureau (NCRB), Odisha recorded 315 witchcraft-related murders between 2008 and 2023, second only to Jharkhand where 429 people were killed.

“The time has come for a comprehensive revision,” the Commission said in its recommendation, arguing that the current framework “focuses merely on punitive measures, without addressing the irrational beliefs and superstition that sustain this practice.”

Under the proposed amendment, the Act will define “witch,” “witch-doctor,” and “witch-hunting” with greater clarity — aligning them with the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced the Indian Penal Code.

A “witch” is defined as any person branded or believed to possess evil powers capable of causing harm. The “witch doctor” is described as anyone claiming supernatural powers — such as a gunia or tantrik — who performs rituals purportedly to control or cure witches. The Act expands “witch-hunting” to cover both physical and psychological harm, social defamation, and property damage.

Importantly, the amendment introduces the term “abettor or identifier” — anyone who stigmatises, accuses, or instigates witch-branding through words, signs, or conduct — thus widening the scope of culpability beyond direct perpetrators.

The proposed law introduces severe penalties for acts leading to death, torture, sexual violence, or suicide resulting from witch-branding.

Causing Death: Accusations leading to death will be punished under Section 103 of the Bharatiya Nyaya Sanhita, equivalent to life imprisonment or capital punishment.

Driving to Suicide: Those who intimidate or stigmatise a victim to the point of suicide will face imprisonment from 7 years to life, along with fines ranging from ₹1 lakh to ₹5 lakh.

Outraging Modesty: Parading victims naked or assaulting them will attract 5 to 10 years’ imprisonment and similar fines.

Torture and Humiliation: Acts such as beating, branding, mutilation, or forcing victims to eat inedible substances will be punishable with 5 to 10 years in jail and fines up to ₹1 lakh.

Community Involvement: Villagers found collectively complicit can be fined between ₹50,000 and ₹1 lakh each; non-payment will attract an additional year of imprisonment.

Public Servant Negligence: Any officer who fails to register or investigate a witch-hunting case will be treated as an abettor and punished under the same provisions.

The draft also introduces penalties for causing disappearance of evidence, displacing victims from property, damaging reputation, or blaming individuals for natural disasters such as drought or death of cattle — all of which are common triggers in witch-hunting incidents.

One of the most progressive features of the proposed Act is the statutory compensation and rehabilitation framework.

Under Section 23, fines collected as punishment will be paid directly to the victims. This compensation will be independent of any other relief or rehabilitation grant from the government.

Further, the State Government is mandated to create dedicated funds and designated personnel within the State Commission for Women to monitor enforcement. It must also provide medical, counselling, and livelihood rehabilitation services for victims — marking a shift from punitive justice to restorative justice.

The amendment also prescribes confidentiality during victim and witness testimony to protect survivors from retaliation.

To ensure implementation at the grassroots level, Section 27 proposes a District-Level Task Force comprising officials, NGOs, and women’s organisations.

Each task force will: Identify witch-hunting-prone areas; Prepare annual action plans and budgets; Report periodically to the State Government; and Coordinate awareness campaigns in collaboration with local panchayats and police.

The District Magistrate will be responsible for designating personnel to monitor prevention and awareness activities.

At the State level, the government must: Train police, administrative, and judicial officers; Fund awareness drives with community and faith leaders; Organise women’s groups to boost self-confidence and economic independence in vulnerable areas; and improve education and health facilities in regions prone to superstition-related crimes.

The Commission also noted that the central government’s 2022 draft Bill on witch-branding and witch-hunting remains under consideration in Parliament.

The 2022 Women’s Commission report had found that the 2013 Act was never invoked in most registered cases — instead, police relied on IPC provisions like assault, murder, or abetment to suicide. In some cases, victims were not even given copies of their FIRs.

The Law Commission therefore emphasised aligning the new Act with Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) to modernise legal references and improve enforceability.

It also proposed a three-tier monitoring system — local, district, and state — to ensure that cases are registered under the correct statute and that victims receive justice and support.