{fu{$ - qsb /bq ffi trsi-{ss-e Rlq"lq Registered No.-768l97 THEASSAM GAZETTE gryfffiq EXTRAORDINARY qTgsqs{Er-<il els.rFlE PUBLISHED BY THE AUTHORITY {( 340 ftt"5<,.[fu<, 30 q{, 2018, 9 qRt-{, 1940 eFF) No. 340 Dispur, Saturday, 30th June,2018,9thAsadh4 1940 (S. E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENI. : : : LEGISLATIVE BRANCH }"OTII..ICATIO}* The 29th June, 2018 No. LGL.73l20l4/235.- The following Act of the Assam Legislative Assembly which received the assent of the President on 13th June,2018 is hereby published for general information. ASSAM ACT NO. XXI OF 2018 (Received the assent of the President on t3th June, 2013) THE ASSAM WrTCH HUNTING (pROHrBrTrO)[, . PREYENTION d\D PROTECTION) ACT, 201s
Transcript
{fu{$ - qsb /bq
ffitrsi-{ss-e
Rlq"lqRegistered No.-768l97
THEASSAM GAZETTEgryfffiq
EXTRAORDINARYqTgsqs{Er-<il els.rFlE
PUBLISHED BY THE AUTHORITY
{( 340 ftt"5<,.[fu<, 30 q{, 2018, 9 qRt-{, 1940 eFF)No. 340 Dispur, Saturday, 30th June,2018,9thAsadh4 1940 (S. E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENI. : : : LEGISLATIVE BRANCH
}"OTII..ICATIO}*
The 29th June, 2018
No. LGL.73l20l4/235.- The following Act of the Assam Legislative Assembly
which received the assent of the President on 13th June,2018 is hereby published for general
information.
ASSAM ACT NO. XXI OF 2018
(Received the assent of the President on t3th June, 2013)
THE ASSAM WrTCH HUNTING (pROHrBrTrO)[,. PREYENTION d\D PROTECTION) ACT, 201s
2582 THE ASSAM GAZETTE, EXTRAORDINARY, JL\-E 30, 2018
Preamble
$hort title,exient arrdcsfimencernent
Deliniticns
AN
ACT
to provide for more effective measures to prohibit. witch hunting and prevent and protect per$ons from
witch huntir:g; and to elirninate torture, oppression,humiliation and kitling of strch person$ by a sectionof the society by providing for punishment by trial ofoffences relating to witch hunting; and, for the reliefand rehabilitation of victims of such offences.
Whereas it is expedient to provide formcre effective measures to prohibit witch hruntingand prevent and protect persons fram wirch huntinfrand to eliminate torture, oppression, humiliation andkiliing of such persons by a section of the society byproviding for punishment hy trial cf offences relatingto Witch hunting; and for ttre relief and r*habilitationof .;ctims of such offences and for any olher rnatterscanrrected therewith or incidental thereto;
It is hereby enacted in the Sixty-sixthYear of tl:e Republic of India as follows :-
1" {1} This Act may h:e called the Assam Witch Hunting{Prohibition, Prevention and Protection} Act,2015.
(2) it extends t* the iphole cf Assam.{3} It shail come into force on such date as the Stare
Government may, by natification in the Official{iazette, appoint.
2. In this Act, unless the context otherwise requires,-(a) "abetlor or identi{ier" me*.ns any per$on who
identifies, calis, stigmatizes, defames or accusesany othf,r person as witch ar instigates, aids orabets such an act, by words, or by signs orindications or by conducts, aids irr instigatingany other person or doe* anything which tend tocaltse arty person any harrn or eauses anythingwhich gives reasonable apprehension ofstigmatieation in the mind of such person soidentified, called, stigmatised, defamed oraccused that there may be harm caused tohimlher, or that his/her dignity or publice:;tiraation is damaged or likely to be damaged;
{b} "code" means the Cr:cie ol Crimi*al procedure, Central1973; Acr 2 .,f
{c} "prescribed" means prescribed by rules made 1g?4under this Act;
THEASSAM GAZETTE, EXTRAORDINARX JL\-E 30, 2018I
t,
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(d) "special court" mean$ a court not berow rherank of an Additional Session Judge as may bedesignated by the State Govirnrnent bynotification in the Official Gazette exercisingjurisdiction in [he area rphere the offences underthis Act alleged to have taken place;
{e} "State Government,,rneans the State Covernmentof Assam;
(fl "victim" me&ns and inciudes any person who hasbeen harmed, injured, made to suffer, eitherphysically or mentally, or singled out by cnleiand unju*t treatment or kiHed or execut*d as *result of witch hunting;
{g} *witch" means any person who has beerrsupposedly identified, called, stigrnatized,defamed or accus*d as Daini, Daina, Dakini,Dakan, Bhoot, Ehootuni, ol- any other such nameby person or per$ons under tire grip of unrealisticand unlaunded impression tl:at such person hasthe power t+ harm anyone or society at large, inany manner;
{h) "',rritch hunringu means the identifying, calling,stigmatising, defaming +r accusing any person a*r,vitch by any other per$on by rvoids, oi by signs+r by indications or conducr$ or actions oi in anymanner, thereby causing or abetting physicaland/ or menfal harm or execution of a witchwhich may invoive mass hysteria, Iynclring orany other activides;
{i} words and expressions usetl but not defined inthis Act and defined in the Code or the IndianPenel Code, 1860 shall have the rneaning*respectively assigned to them thereunder.
No person shall identify, call, stigrn atire, delamt or&ccu$e any otl^rer person as witch by words, or bysigns or indications or by conducls or actions or anyother manner or instigate, aid or abet such an act or*ommit witch hunting.
Whoever,-ti) identifies, calls, stigmatiees, defames or
accuses either by words, signs, indications,conducts, aetions or any ot.her manrlerl anyperson as witch,
{ii} instigates or aids CIr at ets any such i}ctsrnentioned in clause {i} above,shall be punished with inrprisonmenr ior aterm which shall not be less than three vears
CentralAct 45 ofi860
Prohibition ofwitch hunting
Punishrneni foridenti.tying,cailing etc aswitch and forabetment
Punishment foruse of criminalforceidentifuing,calling etc. aswitch
Punishment fcrusing criminalfcrce to outragemodesty
5.
but can extend up io a term of seven years andwith line, which shall not be less than Rs.
50,0001- but which may extend to Rs.5,00,0001-
Whoever, assaults or uses criminal force or causesassault or use of criminal force against a personaccusing him/her to be a witch, resulting in his/her Centraldeath, shall be punished in accordance with section Act 45 of302 of the Indian Penal Code, 1860. 1860
Whoever, intimidates a person identifying, calling,stigmatising, delaming or aceusing him/her a witchand does any act leading or compelling the person tocommit suicide shall be punished with imprisonrnentfor a tqrm which shall not be less than seven year$but which may extend to imprisonment for life andwith line which shall not be less than Rs. 1,00,0001-but which may extend to Rs. 5,00,000/-.
Whoever, identifying, calling, stigmatizing, defamingor accusing any person as witch, uses criminal forceagainst that person and/or instigates or provokes?lh*lt in doing so with intent tJ harm and/or rodispleice the person from the house, place or thepropirty, lawfully occupied or owned Uy trU/frer orinterferes with his/her rights over any land orpremises or to coerce him/her to leave ihe area ofwhich he/she is a rightfui owner, reside*t or &visitor, shall be punished with imprisonment for aterm which shall not be iess than five years butwhich may extend to ten years and with fine whichshall not be less than Rs. l,OO,OO0l- but which mayextend to Rs. 5,oo,0oo/-.
Whoever, identi$ing, calling, stigmatizi*g, deflamingor accusing any person as witch, assaults or usescrirninal force against a persCIn to remove or causesto remove clothes from his/her body anddernonstrates and parades him/her naked or withsuch 'scanty clothes that fail ro protect his/herrnodesg, shall be punished with imprisonme*t ior aterm which shail not be less than live years butwhich rnay extend to ten years and with fine whichshall not be less than Rs. 1O,0OO/- but which mayextend ro Rs. 50,000/-
Whoever, identifying, calling, stigmatizing, defamingor accusi*g Lny person as witch, -
(i) subjects that person to any forms of tortureincluding act$ of st*ning, hanging, stabbing,dragging, public heatings, burnr,cutring/burning of hair, forced hair shavings,pulling of teeth out,, cutting of nose ar otherbody-parts, blackening of face, whipping,branding with Lrot objects or use of any otherblurrt or sharp weapons or objects.
{ii} forces that person to perforrn public acts ofhumiliation or [o eat human excrement or todrink urine or to drink or eat inedible orobnoxious substances or ro sacially ostracize'or to stigmatiae for life or to prohibit toparticipate in auspicious occasions, to curtailmovements and employment or subjectshim/her to taunt6, slurs and other verbalabuses, shall be punished with imprisonrnentfor a term which sl:all not be less than lirreyears but which rnay extend to ten years withiine which shall not be iess than Rs. 80,0001-but which may extend to Rs. 1,OO,O0OI_.
Whoever, lvith malicious intention harasses a personto darnage his/her reputaiion and digniqr, or withintention to sexualiy exploit or with intent to extcrtmoney or the properfy, or any other ulteripr rnotive,identifies, calls, stigr*alizes, defames or accuses aperson as witch, sl-rall be punished withimprisonrrent for a term which shail not be less thanthree years buf which may extend to seven years arldwith a minimum fine of Rs. 10,000/- which mayextend to Rs. 50,0001-.
Whqerrer, identilies, ca[]s, stigmatizes, clelames oraccuses a person as lvitch and blames tha.l person ofany misfortune that befalls his viilagelarea/lccaliryor comrnunity which rnay also include natura"ldisasters, such as droughls, floods, crop loss, illnessor any death in the viilage, shall be punisheci wilhimprisonmenl for a [erm which may extend to thrccyears and with fine rvhich shall n*t be iess than Rs.10,0il01- but which rney extenci ir: Rs. S0,000/-.
Whocvcr, knor,vingly or having reersons ro L:elieve rhatan offcnce has been commitred under this Chapter,cau$rs any evidence of [he commission of t]:atofl'ence fo disappear with the intention of shieiding
the offender from legal punishment, CIr with thatintenlion misleads investigation or gives anyinformation, regarding the offcnce, wl"rich he knq:rvsor belicvcs to be false, shall, be liable lor punishmentprovided lar that r:ffence under secrion 2Al/182 ofIndian Fenal Code, 186CI.
Whr:ever attempls to c*mmit any *flence r"rnder thisAct ancl does any act towards such c*mrnission shailbe punishable as per the provisior:s of section 5 t I ofthe Indian Penai Code, 1860
(t) Whoever airets any olfence undcr rhis AcL, shallbe punished rvirh the same punishrnent provideclFor that offence under the rclevant provisions ofthis Act.
{2} A public servant who willully refuses tn registerthe case or neglects the investigation or tries tc>
rnithhold facts and evidences relating to lhc casewith inlention to minimize the gravity of theoffence, shall be deerned to have abetted theoffence and shall bie liable fcr punishrnent for thcoffence au pr*vided under this Act.,
If it is established that there has been communiryinvol.vement in causing sucir offences under this Act,cyeryone of the community involved n:ay be iined aspunislrmenl rvhich shali noi klr less than Rs. 5,000/-i.o e;ic}-r but may exlend ru Rs. 30,000/- and who soevsr hils to deposit the said fine shall undergo o*eyea:' imprisonment in addition Lo the punishrnentimposcd upon him by the couri lixing specifir:accusalicns in the proceeding.
{1} For trial of offences ur:d*r this AcI, t}re StateGovernment shall constitute Special Cr:urts inccnsuhatlan with the !-ligh Court.
{2} 'lkre Special Court sha}l exercise such pswe.$anel lunctions and follow such procedures as laiddown under the Code for the triai of rvarrantcase$.
(3) Tl're Special Court shali conrpiete tria] of any caseunder this Act vl.ithin $ne yea. fram the date offliing cf policc report bcforc
"he court.
Every offence under this Act shatri be cognizable,non-bailable and non-compoundable within themeaning of the Code.
An offender, wilfully or otherwise, failing to pay thefine ordered by the Court, shall be liable to undergoimprisonment as provided under section 64 of theIndian Penal Code, 1860
{1) The line reaiized as punishment for an offenceunder the Act, shall be paid to the victirn orhis/her next of kin as compensation by followingthe procedure as may be prescribed.
(2) The compensation paid under sub-section {Ushall not be cornpounded with any othercompensation or financial assistance which theState Government may decide to pay asirnmediate relief to the victim and therehabilitation grant payable under section 28 o{the Act and under the Assarn VictimCompensation Scheme, 2012.
The aggrieved person may prefer an appeal beforethe High Court as per the provisions of the Code.
When a police officer receives information or areport that witch hunting is likely to becommitted or there are reasonable grounds tosuspect that witch hunting is committed againsta person, he shall forthwith proceed lo the placeand shall take all suitable measures to preventthe witch hunting and to provide protection tothe victim/likely victim including getting him/heradmitted in the recognised protective or shelterhome, in case the person has no place forshelter.The police officer shall immediately remove orcause to remove the person and the objectssuspected or likeiy to harm the victim/likelyvictim. The police officer shall verbally or inwriting warn the person or persons accused ofhaving intention or attempting at committingwitch hunting to leave the place immediately andabstain from inflicting any harm upon thevictim/likely victim.in case the situation so warrants, the police
oflicer may cause arrest of the person or personsand take action in accordance with section 151 ofthe Code. The person so arrested shall beproduced before the Executive Magistrate of thearea who shall proceed under the reievantprovisions of Chapter VIil of the Code.
Act No.of i86(
20.
(1)2l
(2)
(3)
2588 THE ASSAM GAZETTE, EXTRAORDINARY, JL\-E 30, 2018
t4) (i) Whenever offence against any person underthe Act is reported to the police oflicer, in whosejurisdiction the offence is committed, the officerconcerned shall record the FIR and shall takeaction as per law. Any failure to do so shallamount to a cognizable offence against theconcerned police officer and shall be dealt withsimilar legal provision under the Criminal LawAmendment Act, 20i3.(ii) Bven if such an incident is reported ro a poriceofficer belonging to an area outside thejurisdiction of the area where the incident takesplace, the said officer shall record the FIR andtake all nece$sary steps tiil the case istransferred " to the police station havingjurisdiction in rhe case,
(5) A police oflcer having rhe area of tris/herjurisdiction shall take necessary step to protectthe person{s} associated wiifr socialworks/NGO(sl, who organir,e awarenessprogrammes on witch hunting.
tI) The State 0overnment shall, -{a) issue necessary guidelines from time to time,not inconsistent with the provisions of this Act;{b} take measures for sensitisation and training ofall stakeholders incruding ofriciars and p.rLricregarding the issr.le oi witch hunting;(c) ensure confidenLiatity during testimony ofvictim as well as witnesses;(d) grant adequate relief and compensation forvictims of rvitch hunting;{e} provide rehabilitation mechanisms andschemes fcr victims of witch hunting;{f} provide counseiling services for v'ictims of witchhunting;tg) increase public awareness through variousschemes to inform communities of the Act;{h} tak€ steps for launching of carnpaigns againstwitch hunting rhrough combined
*effori ofgovernment, adrninistration, voluntary
organisations, educational instituticns etc.especially in regions where the menace is mostrampant;{i} take step* fr:r organising Women,s groups atvillage level and drawing up creative
--plans in
consultation with such groups to enhance the self-confidence and econornic independence ofvulncrable wornen in such areas;
ti) take appropriate measureseducation and health in such affected
to improveareas;
Obligation ofcertainpersonsfauthorities toreport about thecomsission ofoffence undcrthe Act
23. (U All Government functionaries and local bodiesincluding Panchayats and Village CouncilDevelopme*t Committees {VCDCs}, dovernmentGaonburah as may be specilied by the Collectoror the District Magistrate in relation to any areaand the inhabitanrs of such area shall, if rheyhave reason to believe or have the knowledgethat witch hunting is about to be, or has been,committed in the area, shall forthwith reportsuch fact to the nearest police station and assistthe police in the execution of the provisions ofthis Act or any rule or order made thereunder;
l2l Any Government official who contravenes theprovision of sub-secrion (1) shall be deemed tahave committed misconduct under the relevantservice rules and Iiable for departmental actionor fine which may extend upto Rs. 10,000/-.
24. Any person convicted of an offence under this Act, inrelation to the commission of witch hunting, shall bedisqualified from inheriting rhe properry of theperson against whom such witch hunting has beencommitted.
25. {1! Where a Magistrare/Executive-Magistrate hasreason to believe from information received fromthe police or from any other person authoriseri byState Government in this behalf or otherwise,that any per$on has been victimised in the nameof witchcraft, he may direct a police officer nothelow the rank of a sub-inspector ts enter suchplace, and to remove therefrom such person andproduce him/her before him.
(2) The pclice officer, after removing the person shallforthwith produce hirn/her before the Magistrateissuing the order.
The State Government ffi&y, in its discretion,establish as many protective homes andrehabilitation centres under the Act as it thinks fitand such hornes and centres when established shatlbe maintained in such manner as may be prescribed.
The $tate (iovernment shall provide free medicalassistance inciuding rnedicines and other supportivesystem to victims of witch hunting.
Personconvicted to bedisqualiliedfrom inheritingproperty of thevictim
The State Government, as the ca$e may be, shallprovide for rehabrlitatiorr grant to be paid lo thevictim or his/her next o[ kin in such rnanner as maybe as prescribed for the offences committed againstthem unde r this Act and, for any otherolfenceloffences which has not been defined in theAct but has been deiined in other criminal laws, forthe time being in fr-lrce.
The aggrieved person shall have right Lo free iegal Centralservices under the Legal Services Authorities Aci, Act 39
i987. of l9B7
Nothing in section 438 oi the Code shall apply in Centr;rl
relation to any case involving the arrest of any Act 2 of
person on accusation oi having lommitted an offence 1974
under t.his Act.
30.
33.
Subject to other provisions of this Act, lhe provisionsof section 34, Chapter III, Chapter IV, Chapter V,
Chapter V-A, section 149 and Chapter XXIII oi theIndian Penal Code, 1860 shall, so far as may be,
appl,v for the purposes o[ lhrs Act as they apply forthe purpose of the said Code,
'l'he provisions of this Act shall have effiect,notwithstanding, anything inconsiste nt therewithcontained in any other Srate larv, custom or usage oran-v instrument having effect under any law.
No suit, prosecution or other proceedings shall lieagainst the Governmenl or any officer or authority ofthe Government or any other person for anythingwhich is in good faith done or inlended to be doneunder this Act.
34 (1) The State Government rnay, by notification in theOfficial Oazette, make rules for carrying out thepurposes of this Act.
12) In particular, and without prejudice to thegenerality of the foregoing power, such rules mayprovide for all or any of the following matters,nameiy :-
{i) procedure for payment of the compensation tothe victim as provided under section 19;(ii) manner of maintenance of proteclive homesand rehabilitation cenlres under section 26;
CentralAct 45ol 1960
THE ASSAM GAZETTE, EXTRAORDI\ARY, JL}iE 30, 2018 2591
tiii) manner in rvhich the rehabilitation granr.shall be paid to victims of witch hunting undersection 28;{iv) any other matter which may be prescribed inconformity with the Act.
(3) Every rule made under this section shall be laidas soon as may be after it is made before theAssam Legislative Assembly while it is in sessionfor a total period of thirry days which may becomprised in one session or in two or moresuccessive sessions, and if, before the expiry ofthe session immediately following the session orthe successive sessions aforesaid, the houseagrees in making any modification in the rule orthat the rule strould not be made, the rule shallthereafter have effect only in such modilied formor be of no effect, as the case may be, sohowever, that any such modification orannulment shall be without prejudice to rhevalidity of anything previous$ done under thatrule.
S. M. BUZAR BARUAH,Commissioner & Secretary to the Government ofAssam,
Legislative Department, Dispur, Guwahati-6.
Cuwahati : Printed and Published by the Dy. Directors (P & S), Directorate of Printing & Stationery Assam, Guwahati-21 .
