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Copyright and Acts which not deemed as Copyright Infringement

    Copyright is one of the branches of intellectual property accepted universally after the TRIPS [Trade-Related Aspects of Intellectual Property Rights ] agreement 1994. Its rules and regulations control and formulated by world intellectual property organisation. MEANING OF COPYRIGHT.. [ HEREINAFTER MENTIONED AS C.R ]   C.R based on the concept of the original creation of the work in the field of artistic, literary, cinematography, software programming, photographic works. It also includes the alteration work of the copyright registered work, validate under the purview of ‘flavour of the creativity doctrine’. These are the subject matters of CR (a) original literary, dramatic, musical and artistic works; (b) cinematograph films (c) sound recording [d] software programme [e] photographic work [f] designs, graphs and maps. Example music created by the composer, he is the creator also having the right to get a copyright for his work. Same it is applicable to director of movie and autho

WITCH HUNTING IN INDIA

Unfortunate but still yet women have been killed by the society upon the societal perception that women carries misfortune or bad luck like giving birth to daughter , damage to crop, bad weather , death of a cattle etc.  Society also associate women with the external negative power which possess black powers. The most controversial subject related to women which associated with her from the beginning of her birth to till death. Her worshipping style and dressing style judge by the society as witch.  Witch crafting means the act of performing act of black magic. Women killed just because family member or society deem her as a witch who do witch craft. The women accused of being witches are called by various names like dayan, tonahi, beta khauki (son eater), adam khauki (man eater), bhaikhauki (brothereater), maradmuhi, kheldi (characterless), bisahin (poisonous woman), bhootni, Dakan etc.

After thousands of killing in Jharkhand , uttar Pradesh , Madhya Pradesh , rajasthan and also in urban cities. It comes into limelight. Even family members associate women as a witch for any misfortune. 2097 women killed by the people between 2000 to 2012 and justified by the word ‘witch hunting’. "witch-hunting" means  identifying, accusing or defaming a woman as a witch or  harassing, harming or injuring such woman whether mentally or physically or by damaging her property;

Still no case  arise where justice delivered to victim and punishment to murderers. Witch hunting still most prevalent in Jharkhand and in villages of assam.

They forced to live outside the society also to be treat by the ojha. According to chhatisgarh tonahi pratadna nivaran act 2005 ojha is a person who claims to possess power to control, cure, treat Tonahi or any person or animal or living things alleged to be affected by Tonahi and make him powerless, by jharphook, totka, lantra-mantra or by any means.

After thousands of killing of women for witch craft as a witch hunting attracts the attention of respective state. Now respective state has their own act to prevent witch hunting which punish person even for associating or classifying any women as witch.

1.       In jharkhand, prevention of witch [dayan] practice act 2000 is prevailing. According this act Whoever accuses or identifies or defames a woman, either by words or actions by claiming that she is a Daain or Dayan or Dakan or Dakin or Chudail or Bhootni orBhootdi or Chilavan or Opri or Ranndkadi or Tonahi or Tonaha or Banamati orChetabadi or Chillangi or Hawa or EvilEye or Halka or Daini or by using of anyother name or symbol suggesting her to be a witch; or accuses a woman of performing witchcraft or any puja or use of mantra or tantra aimed at harming any person by supernatural means,shall be punished with imprisonment for a term which shall not be less than one year but may extend upto three years and with fine of one thousand rupees or with both.

2.       Rajasthan prevention of witch hunting act 2015 is prevailing in rajasthan which penalize witch crafting as well as witch hunting. Person who practise witch craft or other similar practices with intent to cause harm or injury to any person shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years or with fine which shall not be less than ten thousand rupees or with both. Person who forces a woman, branding her as witch, to drink or eat any inedible substance or any obnoxious substance or parade her naked or with scanty cloths or with painted face or body or commits any similar acts which is derogatory to human dignity or displaces her from her house or other property shall be punishable with rigorous imprisonment for a term which shall not be less than three years but which may extend to seven years or with fine which shall not be less than fifty thousand rupees or with both.

3.       Odisha state enacts act named as ‘odisha prevention of witch hunting act 2013’ to prevent witch hunting.

4.       Chattisgarh state enacts act named as ‘chattisgarh tonahi pratadna nivaran act 2005’ to prevent witch hunt.

In 2014 Athlete Debjani Bora tortured and beaten by villagers for mysterious deaths of four person. In Jharkhand block president killed by the villagers alleging that she was indulged in with craft.

Conclusion.

Forcing anyone to eat human waste or human hair is iust beyond the brutal cruelty. Which breaks the humanity and soul of a victim. Not only physical, women branded as a witch face mental cruelty also. In state of Jharkhand, rajasthan and assam few women was forced disrobe / naked himself. Naked parade of women violates dignity as well as modesty of a women. Witch hunting also prevailing in metropolitan cities and faced bwomen of educated background as well. There’s a need of legislation regarding it. Which applicable in whole India.

 



 

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