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Wednesday, 28 September 2011

Humiliation Vs Retaliation: ‘A Maoist Discourse’


SETTING

Much has been said about the growth and development of the Maoist upsurge till date. Our libraries do have a fair collection of works dealing with the ideological differences between the Maoists and the State, which keeps the issue burning. As a total neglect of the historical perspective is not recommended in analysing a social issue, I will be tempted to turn your attention to it at times. In the political scene, many of our national leaders including the current prime minister of India has called it has the single biggest internal threat to security and national integration. On the other side, people like Arundhati Roy has been heavily criticised by many of our country’s so-called nationalists for her sympathetic attitude towards Maoists. The Indian state, after years of abysmal neglect and now with its back against the wall, has said that Naxalites are terrorists and must be dealt with as such. Civil rights activists and concerned academics warn that such posturing would amount to a brutal repression of India’s forgotten subaltern voices. As I am not here primarily concerned with the history of the problem, the objective of this assignment will be to constitute a link between the Maoist menace and the concept of humiliation. I do admit that the kind of violence being unleashed by the Maoists cannot be justified in any humanitarian society. But let me ask you, rather myself: ‘What makes them to take up arms?’ Can it be ruled off as something purely ‘incidental’? If the answer is no, then what really constitutes their ‘ideology in real terms’? Here comes into play the context of humiliation. The State has quite often witnessed to be switching over to an escapist mode by blaming the government which preceded it or criticising some of the false conceived development strategy conceived at the initial stages of the post-independent era (like the undue thrust given for industrial expansion which in turn lead to capitalist exploitation of the minorities). Though these are all facts, underlying all these is a not-so-harmonious note of humiliation. The worst part of it all is the fact that even the measures adopted by the government to deal with the Maoist movement are over and above undemocratic. They do nothing but humiliating the already humiliated.




BACKGROUND

In literal terms Maoists means the followers of Mao Zedong, the most popular face of Chinese communist movement that overthrew the monarchy in China a few decades ago. Maoism’s political orientation emphasises the revolutionary struggle of the vast majority of people against the exploiting classes and their state structures. Ideologically speaking, Maoists in India have a similar motto to defy the democratically elected government and to establish a state based on communist principle, which according to them will ensure equality of masses. Founded on 21st September 2004 through the merger of the People’s War Group [an offshoot of the Communist Party of India (Marxist-Leninist)] and the Maoist Communist Centre of India, CPI (Maoists) is currently proscribed as a terrorist organisation by the Indian government for organising masses in furtherance of their ideology. Maoists are often referred to as Naxalites in reference to the Naxalbari insurrection conducted by radical Maoists in West Bengal in 1967.This reference makes it pertinent to trace back the origin of the Maoists back to the popular peasant movement in the state of West Bengal during the 1970s, which gradually turned into a violent struggle and spread to almost a third of our country’s geographical area. Maoist movement is often argued as a reactionary rebellion of capitalist exploitation and government apathy. After independence, India’s growth has not been able to alleviate the regional disparities but eventually worsened it. The capitalist oriented industrial economy coupled with the inaccessibility of the hostile topography and lack of political will has left the central part of India far behind its other parts. However many mining industries have tried to make use of its huge reserves of mineral resources. These mining activities have mostly encroached upon the social systems of the original inhabitants. Their lands have been forcefully taken over in exchange of some inadequate compensation. The lifeline of their economic and religious activity, the hilly forested areas, has been torn apart. In addition, various social and economic program of the government fail to reach them due to high level of red tapism, corruption and inefficiency. As a result, the deprived people turn to using force against the state citing the reason of years of injustice and inefficient grievance redress system. With the availability of arms and plenty of landmines mainly used for mining activities in the area, this struggle takes the form of a violent armed revolt. Some also argue it to be a foreign aided internal conflict to destabilize the country. Whatever may be the cause of this movement, it is definitely fuelled by the industrial repression and government inaction. In a situation when the state is busy at formulating the policies favouring the corporates at the cost of livelihood of the poor, there is absolutely no wonder in them taking up the arms. Though their reactions manifest in varied forms, the reason behind the rebellion is simple: the acts of humiliation to which they have been subjected to since long.

WHAT CONSTITUTES HUMILIATION?

It is duty bound with me to define what constitutes humiliation, if I have to take this discussion forward. From a layman point of view, one can be humiliated by words, gestures, actions and even by simple silence. The objects of humiliation can either be groups or individuals. The Nazi treatment of Jews can be aptly quoted as one of the acute instances of this act. Colonised countries were quite often mocked and ridiculed in many a humiliating manner by the colonizers in the past. One thing which has to be kept in mind is the fact that those acts may or may not involve physical assault. It was all the more evident in the concentration camps of the Nazi Germany. However, the modern tendency is towards more of a subtle kind. At times, it is even more harming than the physical ones as humiliation is most effective when it is so deep and pervasive that it is no longer recognised for what it is, but that does not gainsay its realities. Whatever be the nature or situation, there is one thing in common in all instances of humiliation: an assault on the self-respect.

Standing on a natural psychologist’s toe, I believe that every one of us have a certain view of ourselves and we do expect a minimum treatment that is due to us, the denial of which make us feel humiliated. However, the pain and the mental agony which individuals feel at those instances are not narrowly psychological in nature as the majority believes. The pain inflicted upon is moral in nature in the sense that it arises from the violation of what is due to him and diminishes him as a person.

However, an abstract definition is too short to explain the context of humiliation. So it is better to contextualise it from three different perspectives via historical, structural and institutional. From a historical viewpoint, one could easily identify that there was a gradual shift in the manner in which humiliation manifested itself out on the people and the society. But, the point is it is still prevailing either directly or otherwise. It is at this juncture we need to take the other two perspectives into consideration.

Structural Humiliation

It has to be admitted that humiliation cannot be wiped out from a society, where structures that necessitates inequality and subordination exists. Zamindari system could be cited as a typical example of this social structure. To elaborate upon this, let’s look at one of the accounts given by Chitralekha of Tata Institute of Social Sciences in her article titled “Committed, Opportunists and Drifters: Revisiting the Naxalite narrative in Jharkhand and Bihar”. She categorises the Naxalites into three motivational profiles as the title itself suggests. All of those categorised as ‘Committed’ had joined the party between the mid-1980s and the early 1990s. Mostly belonging to the Dalit or backward castes, their narratives carry overriding, vivid memories of Zamindari oppression, a deeply remembered personal experience of social and economic subjugation at the hands of landed, dominant castes in the village.

Anil, for instance, had joined in the first flush of the movement in Gaya in the early 1980s. ‘I was the zamindar’s own man, but he was vicious with others...since I came to my senses this is what I saw...if I am a poor man, you don’t allow me to reap my crops, misbehave with my family, with female members...’ He vividly remembers the day he took part in his first ‘action’ against the archetypal, wicked landlord—a thrilling, heady experience fraught with no unease whatsoever. ‘The landlord was overconfident no one will be able to harm him...because he had humiliated our women, we cut off his penis and put it in his own mouth’.

Pranav Vidyarthi of Jehanabad (Bihar) joined Party Unity after his ‘first murder’ of a Bhoomi Sena (upper caste army) man who had killed his relative. Vidyarthi had been intimately associated with the Naxalite struggle in order to acquire and redistribute gair mazurua (village commons) and ceiling surplus lands in and around his village. He was inAurangabad jail at the time of fieldwork; the years of bloodshed still held for him a core and local agenda, which he recounted fervently ‘gaon banavan jai Jahan sapno me julmi jamindar na rahe/Sabke bharpet mele khana, aur rahe ke thekana Koi koi ke kuboliya bolen har na rahe’ (let us make a village/where even in your dreams there is no cruel landlord/where everyone has enough to eat, and a roof over his head/where no man dare talk down to another man)’.


Institutionalised Humiliation

In the case of institutionalised humiliation, social institutions embody disrespect for and systematically violate the self-respect of individuals or a group. In an unequal society, where some enjoy considerable power over the others, it is bound to happen. However, not all unequal societies involve it because much depends on the nature, extent and basis of inequality. From a theoretical stand point, one can cite societies based on slavery, untouchability, hierarchical status and caste system as typical examples of institutionalised humiliation. In such societies, every social institution including legal ones tend to proclaim the inferiority and marginality of the deprived. Legal institutions deny them basic rights and political institutions suppress their voices by some political gimmicks.  Unfortunately, the Indian state is one place, where institutionalised humiliation do exists in a way so subtle that it is hardly noticed. For instance, let’s take the example of Dr.Binayak Sen, the well-known human rights activist and medical practitioner who was sentenced to rigorous life imprisonment in charges of sedition and criminal conspiracy. The December 24, 2010 judgement of the Raipur Sessions Court convicted Dr.Binayak Sen, along with the co-accused Piyush Guha, a businessman, and Narayan Sanyal, a Maoist ideologue for their alleged Maoist connection amounting to spreading hatred against the State. According to the judgment, Narayan Sanyal is a member of the politburo of a banned organisation, the Communist Party of India (Maoist). Binayak Sen conspired with him to pass on his letters to his party comrades through Piyush Guha. On the basis of the evidence, which those following the case felt was of a doubtful nature, the judge concluded that all the three were involved in spreading hatred and disrespect and exciting disaffection against the government established by law in India, by circulating naxalite literature and publications promoting terrorist and naxalite activities. It has to be noted that the verdict came from a trial court, which is at the lowest rung of the three-stage judicial hierarchy. Though the higher judiciary annulled the verdict later following heavy outrage from the public, the trial court judgement was ample enough to humiliate the Maoists as the convicted was after all a human rights activist who had spoken for their issues before and the charges levelled against him was mere possession of Naxalite literature. The incident was kind of saying them indirectly that even a person like Binayak Sen won’t be allowed to speak for them in peaceful manner. The monstrous face of State oppression!

Government response to the Maoist movement has been that of double standard. On the one hand, it declares war against its own citizens but on the other it backtracks due to the protests by human right activists across the nation. For instance, an operation named “Operation Greenhunt” has been executed by the paramilitary forces like CRPF and CoBRA, despite the fact that it has met only marginal success. The state of Andhra Pradesh has built a specialised commando force named “Grey Hound” in order to tackle the Maoist menace. But are these internal wars a permanent solution for the issue? My answer will be an emphatic ‘No’. These forms of institutionalised humiliation do nothing more than provoking the marginalised to turn more towards armed and violent revolt. To make it clear, let me turn your attention towards Salwa Judum, a state sponsored military outfit instituted to fight against the Maoists. The usual practise is that Special police Officers (SPO) recruited for Salwa Judum learn guerilla warfare and join the paramilitary forces. It is a fact that the state and the central forces rely on the tribal youth, who are well acquainted with the jungle terrain in their hunt for Naxalites. But this has encouraged the SPOs to indulge in violence and looting. The SPOs were appointed under the Chhattisgarh Police Act, 2007. However, No details or limitations were provided on the number of SPOs who could be appointed, their qualifications, their training, or their duties. The blatant vagueness of the law stood, as the Court in sharp contrast to the Indian Police Act, 1861, which also provides for SPOs. Despite being a colonial law, beset with its own problems, the Indian Police Act nonetheless contains certain safeguards. It requires, for instance, the appointment of SPOs to receive approval from a magistrate. Youngsters, with poor training, were recruited by the State to engage in dangerous and deadly operations. They lacked both the legal and professional education necessary for their tasks. In about two dozen, hour-long periods of instruction, they were trained in all relevant criminal laws such as the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act. Another 12 hours were devoted to the Constitution and human rights.

The only instance of relief is that the recent judgment of the Supreme Court of India in Dr. Nandini Sundar and others Vs State of Chhattisgarh and Union Government indicates that the country’s judicial system is alive, and a citizen can hope for justice from it. In the decision rendered on 5 July 2011, the Supreme Court declared the Chhattisgarh government sponsored Salwa Judum to be unconstitutional. The Court prohibited deploying members of tribal communities as Special Police Officers (SPOs) in any counter-insurgency operation by the state against the Naxals or Maoists, or against any extremist leftist groups operating in the state and/or region. But despite all these efforts for reconciliation, the humiliation inflicted upon the tribal poor still remains as a dark chapter in the history of democratic India. It is vividly portrayed in one of the accounts by Ajoy Ashirwad Mahaprashata titled ‘Terror Force’. It goes like this:

Dornapal has the second largest Salwa Judum camp in the district after Jagargunda. In the mornings it is abuzz with unusual sounds. Gunshots from the Central Reserve Police Force (CRPF) camp rend the air, the “special police officers” (SPOs) recruited for Salwa Judum practise guerilla warfare, and State police personnel, in their unkempt uniforms, hold a drill. The young SPOs, dwarfed by the guns slung on their shoulders, move around with a self-assurance that is uncommon among the Gondi tribal people of the south Bastar region. While people go about their daily business, the SPOs walk around with their guns as if they are in charge of the security of the village. However, the line between providing security and monitoring is thin in Dornapal. The SPOs point their guns at people even at the slightest sign of defiance.


The sense of fear is the highest in the Konta block, which has the largest number of SPOs. At Dornapal and Jagargunda, people living in camps set up for them as a shelter from Maoist ire, give a grim picture of the evenings. This is the time of day when the SPOs, drunk on power and alcohol, harass them. Tikesh Kosa, who lives in Jagargunda camp, said: “In the mornings, there is fear of the evenings. The drunken SPOs come to our houses, abuse our women, eat our food, and sometimes destroy our belongings without any provocation. In fact, the SPOs want to return to their homes, in areas affected by Maoist activity, and their show of strength, we feel, is a ruse to overcome insecurities and the fear of death.”

A few major incidents of human rights violation in the recent past are worth noting if the impact of creating a force such as Salwa Judum is to be understood. In March, three villages near Chintalnar in Dantewada were allegedly ransacked and burnt by Central forces, assisted by SPOs and Koya commandos (SPOs with some experience, who were inducted into the State Police). These villages are Tarmetla, where 207 homes were burnt; Morpalli, where 35 homes were looted first and then burnt, two women were sexually abused, and one person was killed; and Timapuram, where 75 houses were set on fire. Along with the houses, harvested paddy, which was stored in granaries, was also burnt. All these incidents pertain to nothing but atrocious acts of humiliation. If this is the kind of environment that prevails in the so-called Naxalite affected areas, who is to be blamed for if the posterity also follows the path of violence and bloodshed? Is it just the ‘Koya Commandos’ or the State in general?
     
CONCLUSION

Unless and until the Indian state stops humiliating the Maoists, the issue is not going to be resolved. Though the verdict indicating Salwa Judum as unconstitutional could be seen as a major leap forward in the process of reconciliation, it is not everything! On a long run, the government must ensure that the poor tribals are not being deprived of the basic amenities of life and equal opportunities. While formulating the policies involving the corporate, the proper rehabilitation of the poor must not lost sight of. Further, the state should not try to suppress the subaltern voices through unconstitutional or ‘distorted constitutional’ methods. To suggest a short term strategy to deal with the issue would be strengthening the existing police and paramilitary forces and giving them the proper guidance and orientation in their operations. At the same time, stringent legislation must be put in practise to ensure that those institutions does not indulge in any kind of acts that amounts to humiliating the marginalised sections like the tribal poor. To cut the long story short, the State should stop engaging in war with its own children!   

References 

Ø Humiliation: Claims And Context’     Gopal Guru

Ø ‘Committed, Opportunists and Drifters:
 Revisiting the Naxalite narrative        
       in Jharkhand and Bihar’            Chitralekha                                                                        

Ø ‘Maoists In Andhra Pradesh’             Shantha Sinha

Ø  The Hindu

Ø  Frontline [Volume 28 - Issue 02 :: Jan. 15-28,
            2011]



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Tuesday, 27 September 2011

Dark Side of India


As recent as few weeks back, I read about an inhumane incident where, in a village, a group of people burnt alive a middle-aged man on the grounds that he was practicing sorcery that caused sickness to a lot of people in the village. Can in 21st century in modern India any person have a mentality where instead of finding the medical cause behind the sickness, one may hold a man responsible? Does it sound rational? Though I have been lucky to not having witnessed any such incident, but knowing the fact that such incidents too exist in modern India was shocking and triggered several questions in my mind. Questions like, what are the factors that have kept alive this age-old practice, even after 63 years of independence why such inhumane practices exist, what has government done to prevent it, why has India despite being claimed to be ‘modern’ has superstition as an integral part of Indian society and many more.
Is it not ridiculous? Living in the 21st century where on one hand we talk about claims like ‘India Shining’, ‘India-Emerging as a Super Power’ etc, and on the other hand we practice witchcraft with roots deep within our religious and cultural values. When we hear such incidents, we do nothing but just criticize the event. Let me ask you, is that sufficient? Will mere criticism, solve the deep- rooted problem of witchcraft? Witchcraft is an age-old phenomenon not only in India but world-wide. An important point to notice here is that despite the fact that it was omnipresent, it has weaken and many places have lost its grounds post ‘Enlightenment’. What have held it back in India needs attention. Every year hundreds cases related to witch craft happen, but they all vanish as very few come in the notice of police and also media.
Let us focus firstly on the history of witchcraft in India. This will help us in understanding how true Hardiman is in asserting that
“…the notion of witchcraft in India is socially embedded and universally believed in as a matter of common sense.”

Evolution of witchcraft


The evolution of witchcraft as a medicinal tool is very much in alignment with the famous law of three stages by Auguste Comte (1798-1857). According to Comte, the historical development of human mind and knowledge is progressive and passes through three different stages i.e. Theological -à Metaphysicalà Scientific. According to this law, individual thinkers in all the branches of knowledge necessarily begin by accounting for phenomena theologically, by explaining the mundane occurrences as willed by unfathomable gods. According to Comte, this is the necessary starting point for all the knowledge because without some theoretical guide, one could not begin to make systematic observations and it is these theological theories, which arise spontaneously in the primitive man.
The early human had little knowledge of science, but were aware of the natural blessings and havocs of one kind or another. For example, fish and fruits were blessings whereas disease was considered curse. Naturally they believed that illness is a curse of an evil spirit, which can be termed as ‘devil’. The treatment naturally was to satiate the evil spirit. This was the origin of witchcraft. So, the witchcraft was considered to be the first stage of medical science. It lasted for the longest time and still exists. [1]
The word ‘witch’ is derived from the old English word ‘wicca’ meaning a female magician or sorceress. Witch and witchcraft are generally applied to both the sexes and their magical activities. Among many societies’ accidents, sickness, death and other untoward events have been thought to be caused by witches that had magical powers, which they used for evil purposes.
Witchcraft is the supernatural action of witches. Witches are commonly said to use their power to attack the fertility of humans, their domestic animals, or crops, to fly through nights, to engage in cannibalism and incestuous acts, to assume animal form or have animal companions, and to be often quite unconscious of their night time activities during day light.
Witchcraft can be seen as belief in supernatural power that is inborn in some people that enable them to work evil. Witches can harm simply by thinking evil thought or by evil sight. Witches are viewed negatively. They are universally considered as anti-social to human society. The witches are seen as weird person who embodies all feared and negative aspects of a culture.
Witchcraft is rooted in traditional customary ideas whereby societies’ categorize and order universe around them. As such they not only are intertwined with every aspect of societies, thought and language but also provide coherent and systematic means to influence the world in which man lives.
The belief in witchcraft is widely prevalent in the tribal belts.

Witchcraft in India


Culturally Indian society has been patriarchal in nature. Local women, who fulfilled the role of healer and counselor, were feared when they become too powerful for the male leadership to control. As women gained power in their community, excuses were found to ‘bring them down to their place’.
“Superstition is only an excuse. Often a woman is branded a witch so that one can throw her out of the village and grab her land, or to settle scores, family rivalry, or because powerful man wants to punish her for spurning their sexual advances. Sometimes it is used to punish women who question the social norms”, said Pooja Sighal Purwar, an official to the Jharkhand Social Welfare Department.[2]
Witchcraft in India is still an inseparable part of the rural culture. Severe violence against women who are accused of being witches is occurring at an alarming rate in the village regions of Chhattisgarh, Madhya Pradesh, Bihar, West Bengal and Assam. Witchcraft has transformed from superstition to savagery.
According to Shib Shankar Chatterjee, -“Witch-hunt or witch-slaughter is now one of the most brutal deeds ever committed by rational people since the dawn of civilization.”[3]
Several reasons play dominant role behind this inhuman torture and killing. Poverty, illiteracy, superstition, lack of medical aids, and fear for all the reasons are some of the reasons that act directly or indirectly to give birth to such a belief in witchery. The most heartrending cause is the voracious attitude of the relatives to gulp his or her property.
Jyotsna Chatterjee, an activist of New Delhi based women’s Non Governmental Organization (NGO), joint women’s program claimed, “The patriarchal society is reluctant to give women their property rights and the widows are regularly killed after being called witches.”
These incidents take place in those villages, where scheduled caste (SC), scheduled tribe (ST), other backward class (OBC), most other backward class (MOBC) and such other people live, which lack infrastructure facilities like good medical system, sanitation system, road-communication system, electrification system, education system, drinking water system, etc.
“This is a dangerous trend. Shortage of doctors, nurses and the primary health centre or public health centre (PHC) in remote or rural areas compelled the ojha or baiga and also the quack, who on failure to cure serious diseases, put the blame on witchcraft and number of witch,”- explained Ms. Pomila Rani Brahma, a prominent women Bodo leader and Member of Legislative Assembly (MLA) of Kokrajhar (East) constituency under Kokrajhar district of north-east Indian state, Assam.
By accusing anyone as witch, people actually try to find out a scapegoat to put blame for perplexing the situation in life. It is also a means to relax tension and anxiety. Hence, one of the main functions of witchcraft is to provide explanations for people’s suffering.
Around 1500 B.C., the practice of witchcraft finds mention in the Veda. Many rural women in India are branded witches and executed psychology and physically. Earlier this practice was among the tribes and dalit communities, but the frightening fact is that it has been widened to several other caste, creed, color, community and religion.  Witchcraft in the eastern states – Bihar and Jharkhand, has social, religious and political patronage.
I would like to mention here, about an event that was organized by a politician in Patna, Bihar. It is an excellent example to show that how politics is playing a vital role in nurturing the roots of the superstitious thoughts in the mind of common people.
On September 22, 2003 at a function in Patna, Sanjay Paswan, Union Minister of state for human resource development, felicitated 51 witch doctors, shamans and sorcerers. The Bihar unit of International Association of People’s Lawyers had asked the police to stop the function on the grounds that it amounted to a gross violation of Bihar’s Prevention of Witch Practices Act, 1999. Social activists and researchers have accused Paswan of encouraging superstition for the purpose of gaining votes in election.[4]
To relieve anxiety on this count, Paswan issued a statement: “I strongly believe that whatever they (witch doctors) practice is pure science.” Does this statement of his not put you in a quandary. For science is a terrible thing, without a shred of proof.
Let us analyze this incident, where a politician, a minister who is a representative of people, is titillating than challenging the ruling regime of silent exploitation. He dares not to perturb the age-old social prejudice, but is trying to use this as a tool to earn himself publicity for the votes.
In 1938, Rabindra Nath Tagore wrote: “We who often glorify our tendency to ignore reason, installing in its place blind faith, valuing it as spiritual, are even paying for its cost with obscuration of our mind and destiny…this irrational force of  credulity in our people…might have had a quick result [of building] a superstructure, while sapping the foundation. ”
I would like to bring your attention to one interesting incident that happened in Gujarat. Ahwa is a place in Gujarat where lives a tribe called ‘Dangs’. There various cases of witchcraft were reported and the victims were generally old, lonely or depressed women.
The district health authorities did a survey in that area and found that 45-48 percentage of the district’s population were effected with the malnutrition. It had resulted into mental illnesses caused by the deficiency of iodine and iron. In case of depression, the families of the afflicted would quickly approach a witchcraft practitioner. To showcase his powers and knowledge, the witchcraft practitioner would declare any in-secured woman as a witch. Thus, in order to get rid from the evil spirit, the villagers would support and perform the heinous job of punishing the witch in public.[5]
There are hundreds of such incidents happening every year, in those villages, where the innocent and illiterate villagers blindly believe what the witch doctor says. The curiosity to know what is the reason behind is generally dead in these villagers.

What is the role of modernity in so called ‘Modern India’?


So far I have focused on the history of witchcraft in India, its perception in modern India and tried to understand few fundamental reasons active for the survival of the practice of witchcraft even today. One may clearly understand by now that one of the most important reasons for this practice to exist in the Indian society is the lack of any radical change. By radical change I mean a revolution that would challenge our spirit-based cosmology and epistemology of our Indological texts. The sarcasm is that despite having deep-rooted irrational superstitions, we consider that India is modernized.
Thomas Friedman, the New York Times columnist and author of the best seller, ‘The World is Flat’ , agrees that India, with its talented yet low-cost brains power is on its way to becoming the ‘innovation hub’ of the global economy.
India has definitely welcomed the Enlightenment, but only at a superficial level. Indian society never accepted it the way it was in the western societies. That is one of the reason that radical changes happened in the west and revolutionary progress in science could help and kill the age-old superstitions based witchcraft practices in those countries.
‘What is Enlightenment?’ – I would like to answer it in the words of Immanuel Kant one among the most enlightened person.  Kant says “Enlightenment is man’s release from his self-incurred immaturity [which is] his inability to make use of his understanding without direction from another…Sapere aude! - have courage to use your own reason!” That is the motto of the Enlightenment.[6]
Unless Kant’s call of ‘Sapere aude!’ is understood by India in its true spirit, modernity in India will remain incomplete. To achieve modernity, India has to challenge the cultural aspects of the supernatural and mystical world-view derived from the idealistic strands of Hinduism, on the scientific methodology. Post independence, India has produced a massive workforce of scientists, doctors and engineers; no doubt, several among them are world class.
Science in India dares not to question the age-old social prejudice. India’s science is very accommodating and tries to keep separately the experiments in laboratories from the spiritual explanations of the society.  While science can thrive in otherwise irrational societies, but Indian society is paying a huge price for this gap.
Considering education as the ultimate weapon against the superstitions that reside in even our everyday practice is also not true. I can quote umpteen examples from our day today practices that are just based on superstitions. These are very much believed in and practiced by even educated people. Such actions give shelter to deep-rooted superstitions and encourage its existence in the society. A simple example would be that of putting kala tika (Kajal) to protect oneself from evil sights, and to name the people who practice it, I do not have to go very far off. They are my very near and dear ones. Are not they educated?. The answer is yes they are very much educated. One may argue here, what is the harm in putting a kala tika, but I would say that by believing in the slightest acts of superstitions and following it, raises doubts against our entire education system and its capability to bring in rationality in our approach and thus finally eradicating superstition from its root. The fight against superstition is not one man’s responsibility; it lies on the shoulders of each and every person in the society, whether educated or uneducated. The educated one has to be an aspiration for the uneducated to follow. Then only the awareness against superstition, will spread to the every nook and corner of the society. We will achieve modernity in true sense by our cohesive efforts only.

Legal Laws against witchcraft in India


Unfortunately, we find absolutely nothing in our constitution to prevent such superstition. The fact that as late as 1999, 52 years after independence, an act was passed to outlaw the practice of witchcraft in Bihar is eloquent enough. But still, the remarkable fact is that Bihar was the first state in India to have a law for the prevention of witch (dayan) practices. This was followed by Jharkhand’s Anti-witchcraft Act in 2001 along with Chattisgarh and Rajasthan who introduced similar acts in the year 2005 and 2006 respectively.
Recently on March 21, 2010, the Indian Supreme Court in New Delhi refused to hear a petition called “The Witchcraft Act” that asked for local regional cases involved with witchcraft allegations, to be allowed to enter the highest courtrooms within their regions.[7] Witchcraft cases, if at all they can make it to court are currently kept only in the lower court system without option for any higher court appeal. Even today India’s judiciary system is handicapped in handling cases involving superstition and witchcraft.
The ineffectiveness of courtroom justice concerning cases of women who have been severely injured, damaged or killed by allegations of witchcraft does more than issues of superstition. It involves International Human Rights Law.
“The state of Jharkhand is deviating from the International law obligations requiring India to address and prevent the problem of witch-hunting, which has resulted in the deaths of hundreds of women.” – Cornell Law School International Human Rights Clinic, petition to the High Court of Judicature, Ranchi, Jharkhand state, India – Jan’2010.
Four states in India have approved protective anti-witchcraft laws, but they are still ineffective. It does not address all the aspects of witchcraft.  The attitude of the police towards these cases is either very disappointing or negligent. According to villagers, police simply encourage the parties involved to settle matters privately, without any formal legal action. “In the absence of strict relevant laws, the police often book the culprits for rioting or domestic violence,” said in-charge Superintendent of Police R M Desai.
The most important aspect that goes without any proper addressing by the law is the protection of these women, who are accused of being witches. They often do not get any legal or police assistance. Shame, isolation and poverty feed the wheel of no protection, no rights and no dignity for women who are usually on the bottom layer of Indian society and already without any proper legal recourse. Legislation in Chhattisgarh is now making the charges of witchcraft a non-bailable offense, but along with comes an unbalanced and unfair treatment of the women who are suffering the most. It includes a protective prison term for the alleged “witch” of up to five years. This flawed attempt is adding more harm than good to women accused of witchcraft. It is assumed that by putting the victim in prison, she is safe from her attackers.
All such attempts only show how ineffective the law in Modern India is even in 21st century, 63 years after independence. It looks we were better off, when colonized. In the context of Indian history, when one looks at the events of 1857 s/he will only be aware of the so called first fight for independence against British. Perhaps, little less is known about the first mass witch-hunts among the tribal communities of Sighbhum and Santhal Paraganas of the Chhotanagpur in 1857. In the colonized India, the practice of witchcraft was strictly banned by the British for its obvious barbarity.
In his study on the Bhils of western India, Hardiman asserts that colonial administrators failed to acknowledge the degree to which the notion of witchcraft was socially embedded and universally believed in it as a matter of common sense. Ricketts in his report on the district of Singhbhum noted that the Mankis and Mundas were reluctant to report cases related to witch-hunting, because to the community it was no crime. According to Hardiman, “The practice was driven underground rather than suppressed…local-holders of power took action against witches because they were convinced that they had a duty to preserve their society from malign supernatural force.” Skaria points out that “the general sympathy for witch-killers led to attempts by ordinary Bhils, their chiefs, and even the local Rajput powerholders, to conceal killings from the British.”[8]
This incident of 1857 signifies that the thinking of Indian society even today is the same as it was almost 150 years back. It also points out that mere implementation of laws will not help in eradicating the witchcraft practice, but it requires much more to be done. What is that much more? It requires us to see within our own history and search for the root cause of it than just looking at it superficially.
Conclusion

Superficial modernity will lead India no-where. Unless India accepts ‘Enlightenment’ in its own terms, Indian society can never witness a radical change as experienced by western societies and which is responsible for the development of these societies. If India does not react now, superstition will deteriorate us from with in. India may have the layers of modernity on its body but the soul with in will be missing. Even today, in 21st century for India, Kant’s motto “Sapere aude!” remains as alien as it was in his own time. This alienation needs to be removed.


[1]From Witchcraft to Allopathy”, Daya R Varma, EPW August 19,2006
[2] “From Superstition to Savagery”, The Washington Post, Rama Lakshmi, 8 August 2005
[3]Dark spell of witch hunting”, Shib Shankar Chatterjee, http://newsblaze.com/story/20091108150914shan.nb/topstory.html
[4] “Recognition to Witchcraft”, Ranjit Sau, EPW, December 27, 2003
[5]Witchcraft rules areas of darkness in the Dangs”, Anupam Chakravartty, Indian Express, June 15, 2011
[6] “How modern are we”, Meera Nanda, EPW, February 11, 2006
[7] “India: Protective laws fall short for women charged with witchcraft”, Shuriah Niazi, Women News Network, March 21, 2010
[8] “Witch-hunts, adivasis, and the uprising in Chhotanagpur”, Shashank Sinha, EPW, May 12, 2007