Forum (Spotlight Weekly)

National Human Rights Commission Decides on Witchcraft Cases

By Bipin Adhikari

The United Nations Commission on Human Rights which concluded its six-week session for 2003 debated a wide series of human rights matters. One among it was the issue of women's rights.

In a resolution on the elimination of violence against women (E/CN.4/2003/L.52), the UN Commission strongly condemned all acts of such violence and strongly condemned physical, sexual and psychological violence occurring in the family. It stressed that States had the affirmative duty to promote and protect the human rights of women and girls. It urged them to condemn violence against women and not invoke custom, tradition or practices in the name of religion or culture to avoid their obligations to eliminate such violence. The UN Commission also strongly condemned violence against women committed in situations of armed conflict; and decided that the mandate of the Special Rapporteour on Violence against Women should be renewed for a period of three years. This shows how much the violence against women has been condemned by international system.

Despite this level of global consciousness, the situation has not improved in many countries. The leading daily newspapers of Nepal including the Kathmandu Post and the Kantipur, for example, continue to publish many fresh cases of violence. A nursing mother was killed by her own family members because she was accused of being a witch. A seventy years old woman was fed with human excreta and bodily harmed by the local people on the same charge. A neighbour of a woman was charging her of spelling a black magic on his 16-year-old son, an epilepsy victim who had died recently. Additionally, the Kathmandu Post recently reported that the condition of a woman languishing at Seti Zonal Hospital who was allegedly fed human excreta following a minor squabble is reportedly serious. There are many such other stories floating around.

The National Human Rights Commission (NHRC) recently expressed its serious concern about the news regarding the death of Ms. Raheli Pariyar, a resident of Rampur-3, Ramechhap District, who was accused of being a witch and subjected to violent and inhuman torture resulting in her death.

In the meeting held at the Commission on May 6, 2003, the Commission decided on several cases of complaints received by the Commission since its establishment regarding violations of human rights on the pretext of witchcraft. Other victims include Sudama Devi of Dewad from Parsa, Mahottari District; Marani Devi Shah from Simardahi, Mahottari District; Rampari Devi from Patanuka, Dhanusha District; Pavitri Devi Mahara Chamaar from Sakhuwa, Dhanusha District; Sagyan Devi Raya from Noklewa, Sarlahi District; Lal Maya Bika from Gaurishankar, Sarlahi District; Jagannath Mahara and his wife from Bhatauda, Kalaiya District; Devi Maya Adhikari from Paanchkhaal, Kavre District; Paro Devi Urau and Ful Maya Urau from Duhabi, Sunsari District; Manturiya Devi from Sirsiya, Parsa District, and Nar Maya Thapa Magar from Bhusafeda, Dolakha District. The victims were severely beaten and publicly accused of being involved in witchcraft and were forced to eat fecal matter and even expelled from the villages. One of the victims, Malaysia Devi succumbed to the injuries and died as a result of the torture.

The Commission has also decided to write to His Majesty's Government for providing full protection of the rights to life, property and freedom of the people and prevention of occurrences of such incidents in the country by formulating laws to punish the wrongdoers and providing appropriate compensation to the victims. The Commission has therefore requested the Government to formulate proper mechanism for such issues and suggested to the Government to provide compensation of Rs. 30,000 to each victim and provide Rs. 50,000 to the dependants of the deceased Malaysia Devi. Similarly, the Commission has also requested the Government to organize human rights awareness programs and assist the Commission in its endeavors in this regard.

The editorial of Kathmandu Post of April 28 spoke of the conscience of all aggrieved Nepalese in the following words: "The plight of the unfortunate woman [languishing at Seti Zonal Hospital] reminds one of the medieval times in Europe when religious and social persecutions abounded. That this is happening in the present day Nepal just goes to show how successive governments in Nepal have been neglecting the most parts of the country. All governments in the past five decades focused their concentration on the people of the Kathmandu Valley and other urban areas. Health and education, which along with food, drinking water, shelter and security are the basic needs of every human being, have been sacrificed at the altar of political expediency."

"The woman at Seti Hospital was diagnosed as suffering from typhoid, and doctors are quoted as saying that this probably resulted because of the inhuman manner in which she was treated. The woman, a mother of three children ó two sons and a daughter ó is now said to be in a serious condition. The question arises as to whose responsibility it is to take care of her. Was it not the government's responsibility, in the first place, to protect the meek and the simple from being bullied and exploited by the rich and the powerful? Political parties, too, say they work for the people but turn their back as soon as they are most needed by individuals. The local administration must be taken to task for allowing such incidents to take place within its jurisdiction. Not to be left behind is the large number of non-governmental organisations that claim to be working to better the lot of the people and to change their mindset."

[Adhikari is a lawyer]