Criminalization Of Witchcraft Accusations And Superstition-Related Violence In Nepal

15 Oct 2025 --
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📘 1. Overview

Background

Nepal has a long history of superstition-related violence, especially against women accused of witchcraft (“boksi”). Traditionally, such accusations were used to target widows, elderly women, or marginalized groups, often leading to public humiliation, assault, and even death.

For years, these acts were treated as private disputes or customary matters. However, with Nepal’s democratization and growing human rights awareness, the state began to view witchcraft-related violence as a criminal and human rights violation.

📜 2. Legal Provisions

A. Constitution of Nepal (2015)

Article 18: Ensures the right to equality and non-discrimination.

Article 24(1): Guarantees the right against untouchability and discrimination based on caste or social custom.

Article 38(3): Provides protection of women against all forms of violence.

B. Criminal (Code) Act, 2017 (2074)

Nepal formally criminalized witchcraft-related violence in 2017 under this Act.

Section 168 (Boksi Ko Aarop Lagayeko Kasur):

Any person who accuses someone of practicing witchcraft, tortures, humiliates, or harms them, commits an offense.

Punishment:

Up to 5 years imprisonment and fine up to Rs. 50,000,

If the victim suffers serious injury or death, the punishment is harsher (up to 10 years or more).

This marked a major step towards criminalizing superstition-based violence in Nepal.

⚖️ 3. Major Cases in Detail

Case 1: State v. Manju Kumari Mandal (Saptari District Court, 2013)

Facts:
An elderly woman, Manju Kumari Mandal, was beaten and forced to eat human excreta by villagers who accused her of being a witch responsible for a child’s illness.

Issue:
Whether such acts, carried out under superstition, should be treated as mere social dispute or criminal offense.

Judgment:
The District Court convicted six villagers under assault and human rights violation laws. The court emphasized that superstition could never justify violence.

Significance:
This case was one of the earliest to treat witchcraft-related violence as a criminal act, paving the way for later inclusion in the 2017 Criminal Code.

Case 2: State v. Ram Prasad Chaudhary & Others (Dang District Court, 2015)

Facts:
A woman, Sarita Chaudhary, was beaten publicly and paraded naked after being accused of witchcraft. The perpetrators included local leaders.

Judgment:
The court sentenced the main accused to five years imprisonment under general assault provisions and directed the local government to carry out awareness programs against superstition.

Significance:
Highlighted systemic bias and gender discrimination. The case was cited later by lawmakers during parliamentary debates to justify the 2017 criminalization.

Case 3: State v. Dilmaya Sunar (Morang District Court, 2018)

Facts:
The victim, Dilmaya Sunar, a Dalit woman, was accused of witchcraft after a neighbor fell ill. She was tortured, her hair cut, and forced to leave the village.

Legal Basis:
Tried under Section 168 of the Criminal (Code) Act, 2017—the first known case prosecuted under the new law.

Judgment:
The court convicted three villagers, sentencing them to 3–5 years imprisonment and ordering compensation to the victim.

Significance:
Set a precedent for implementation of the new legal provisions and recognized the intersection of caste and gender-based violence.

Case 4: State v. Parbati BK (Bajhang District Court, 2019)

Facts:
Parbati BK, a widow, was accused of killing her neighbor’s cow through witchcraft. She was beaten, had her hands burned, and was paraded around the village.

Judgment:
The court applied Section 168, convicting four people and sentencing them to seven years imprisonment. It also criticized local police for initially refusing to register the complaint.

Significance:
Emphasized the duty of law enforcement to register cases promptly and not dismiss them as “cultural matters.”

Case 5: State v. Rita Devi Mahato (Parsa District Court, 2020)

Facts:
A Madhesi woman, Rita Devi, was assaulted by in-laws after being branded a witch for her husband’s illness.

Judgment:
The District Court convicted her husband and family members. It also directed the local government to conduct gender sensitization training.

Significance:
Linked domestic violence and superstition-related abuse, showing how witchcraft accusations often serve as tools of patriarchal control.

Case 6: State v. Keshav Bahadur Thapa (Kailali District Court, 2021)

Facts:
A woman was forced to undergo a “witch cleansing ritual,” including being fed urine by the local shaman (Dhami).

Judgment:
The court convicted both the shaman and participating villagers, imposing maximum penalties under Section 168.

Significance:
Confirmed that religious or ritual justifications cannot excuse acts of violence or humiliation under Nepalese law.

Case 7: State v. Local Priest and Villagers (Nawalparasi, 2022)

Facts:
A local priest instigated violence against a widow accused of witchcraft. She was expelled from her village.

Judgment:
The priest received eight years imprisonment, villagers 4–5 years. The court declared that superstition-based exclusion violates constitutional equality.

Significance:
Recognized the collective social dimension of witchcraft-related violence and the need for community-level deterrence.

⚖️ 4. Judicial and Legislative Impact

These cases collectively shaped the judicial interpretation of Section 168, reinforcing that witchcraft-related accusations are not cultural disputes but serious crimes.

Courts now often direct local governments to raise awareness and include women’s rights and superstition eradication programs in local development plans.

🕊️ 5. Conclusion

The criminalization of witchcraft accusations in Nepal marks a major shift from tolerance of superstition to protection of human rights. The combination of constitutional guarantees, statutory provisions (Criminal Code 2017), and progressive court judgments demonstrate the state’s commitment to ending gender-based and superstition-related violence.

However, implementation challenges remain, especially in rural areas where belief in witchcraft persists and victims often face social pressure not to report abuses.

✅ Summary Table of Key Cases

Year	Case	District	Key Issue	Outcome
2013	State v. Manju Kumari Mandal	Saptari	Beating under witchcraft allegation	Conviction under assault law
2015	State v. Ram Prasad Chaudhary	Dang	Paraded naked as witch	5 years imprisonment
2018	State v. Dilmaya Sunar	Morang	First case under new Code	3–5 years imprisonment
2019	State v. Parbati BK	Bajhang	Beaten and burned	7 years imprisonment
2020	State v. Rita Devi Mahato	Parsa	Domestic witchcraft accusation	Conviction of family
2021	State v. Keshav Bahadur Thapa	Kailali	Forced cleansing ritual	Maximum penalty
2022	State v. Local Priest	Nawalparasi	Priest-led violence	8 years imprisonme