Superstition-Linked Crimes And Witchcraft-Related Violence: Criminal Law Challenges In Nepal
1. Hetauda Child Sacrifice Case (2012)
Facts:
A woman, Mahadevi Yadav, murdered her 3-year-old nephew, claiming she needed to perform rituals to gain supernatural powers. She beheaded the child and disposed of the body in a river, leaving an altar in her home for ritual purposes.
Legal Outcome:
The court sentenced her to life imprisonment for murder. The accomplice (a self-proclaimed spiritual guru) was also convicted in absentia.
Significance:
This case illustrates the extreme end of superstition-driven crime, where belief in witchcraft or ritual powers leads to murder. It demonstrates the need for stringent criminal law response and societal awareness.
2. Ramechhap Mob Beating (2022)
Facts:
A woman, Bibi Majhi, in Ramechhap District, was accused of being a witch. Villagers attacked her and her elderly mother, believing they caused misfortune in the community. The villagers claimed supernatural reasons for her supposed “witchcraft.”
Legal Outcome:
Authorities arrested 22 villagers, including women participants. The investigation focused on collective responsibility for the assault and potential homicide charges.
Significance:
Shows how witchcraft accusations often involve community sanction, creating a collective responsibility problem. It highlights the difficulty of prosecuting mob violence linked to superstition.
3. Kailali Torture Case (2018)
Facts:
A woman named Radha Chaudhary was tortured for six hours by a local shaman and accomplices for allegedly practicing witchcraft. She was subjected to physical violence and humiliation.
Legal Outcome:
The primary accused received five years’ imprisonment and a fine; accomplices received lesser sentences ranging from six months to one year, depending on involvement.
Significance:
This case demonstrates that courts can apply the witchcraft accusation law, punishing physical and psychological abuse, though sentences often vary widely among co-accused.
4. Okhaldhunga Elderly Woman Burning (2019)
Facts:
A 64-year-old woman was burned by two accused in Molung Rural Municipality, accused of being a witch. She suffered severe injuries, and the incident stemmed from long-standing superstition in the village.
Legal Outcome:
The accused were sentenced to five years’ imprisonment and ordered to pay fines and partial victim compensation. The local government also contributed to compensation.
Significance:
Highlights the application of statutory protection for victims, including compensation, but also underscores the prevalence of severe violence tied to superstition.
5. Dolakha Forced Displacement Case (2019)
Facts:
A family in Dolakha District was accused of witchcraft by local villagers and forced to leave their village. They faced harassment, beatings, and social ostracism, which caused displacement.
Legal Outcome:
No formal criminal prosecution occurred, showing gaps in law enforcement. The case underscores human rights violations in superstition-linked social exclusion.
Significance:
Demonstrates non-fatal but severe forms of superstition-related crimes: social exclusion, humiliation, and forced migration. Highlights the need for preventive measures, not just prosecution.
6. Rupandehi Ostracism Case (2017)
Facts:
A Dalit woman was accused of witchcraft in her village, publicly paraded, humiliated, and barred from participating in community events. Villagers claimed she caused illness and misfortune.
Legal Outcome:
Although criminal action was eventually initiated, enforcement was slow. The case prompted a Supreme Court notice on the need to protect women from witchcraft-related social violence.
Significance:
Illustrates the intersection of superstition, gender discrimination, and caste. Highlights the importance of constitutional protections (right to dignity, equality) in addressing superstition-linked crimes.
7. Supreme Court Writ Petition on Witchcraft (2001)
Facts:
A writ petition was filed challenging widespread inhuman treatment of women accused of witchcraft: public humiliation, physical abuse, and social ostracism.
Legal Outcome:
The Supreme Court held that accusations based on superstition violate constitutional rights, directing the government to create effective mechanisms to prevent such abuses.
Significance:
This case set a legal precedent, recognizing superstition-driven violence as a rights violation and mandating state intervention, signaling judicial acknowledgment of the problem.
Key Observations Across Cases
Victims are mostly women, elderly, or socially marginalized.
Superstition-linked violence ranges from humiliation and ostracism to murder.
Legal gaps exist: delayed prosecution, under-reporting, and inconsistent sentencing.
Enforcement of statutory compensation is sporadic but growing.
Courts increasingly recognize constitutional rights violations arising from witchcraft accusations.
These seven cases provide a broad, detailed picture of superstition-linked crimes and witchcraft-related violence in Nepal, illustrating criminal law challenges, societal causes, and judicial responses.
RELATED Blog
comments