<SPAN name="ch8"></SPAN>
<h2 class="label">VIII</h2>
<h2 class="main">Magic and Human Life</h2>
<p class="first">Some of the cases here brought together serve as an
illustration of the difficulty which frequently arises in arriving at a
decision as to how far the taking of human life is justified as being
carried out in accordance with a genuine superstitious belief, and when
the act renders the perpetrator thereof liable to punishment under the
Indian Penal Code.</p>
<p>Five persons were charged a few years ago at the Coimbatore sessions
with the murder of a young woman. The theory put forward by the
prosecution was that two of the accused practised sorcery, and were
under the delusion that, if they could obtain the fœtus from the
uterus of a woman who was carrying her first child, they would be able
to work some wonderful spells with it. With this object, they entered
into a conspiracy with the three other accused to murder a young
married woman, aged about seventeen, who was seven months advanced in
pregnancy, and brutally murdered her, cutting open the uterus, removing
the fœtus contained therein, and stealing her jewels. The five
accused persons (three men and two women) were all of different castes.
Two of the men had been jointly practising sorcery for some years. It
was proved that, about two years before, they had performed an
incantation near a river with some raw beef, doing pūja (worship)
near the water’s edge in a <span class="pagenum">[<SPAN id="pb225"
href="#pb225" name="pb225">225</SPAN>]</span>state of nature. Evidence was
produced to prove that two of the accused decamped after the murder
with a suspicious bundle, a few days before an eclipse of the moon, to
Tiruchengōdu where there is a celebrated temple. It was suggested
that the bundle contained the uterus, and was taken to
Tiruchengōdu for the purpose of performing magical rites. When the
quarters in which two of the accused lived were searched, three
palm-leaf books were found containing mantrams regarding the pilli
suniyam, a process of incantation by means of which sorcerers are
supposed to be able to kill people. The record of the case states that
“there can be little doubt that the first and fourth accused were
taken into the conspiracy in order to decoy the deceased. The
inducement offered to them was most probably immense wealth by the
working of charms by the second and third accused with the aid of the
fœtus. The medical evidence showed that the dead woman was
pregnant, and that, after her throat had been cut, the uterus was taken
out.”</p>
<p>In 1829, several Natives of Malabar were charged with having
proceeded, in company with a Paraiyan magician, to the house of a
pregnant woman, who was beaten and otherwise ill-treated, and with
having taken the fœtus out of her uterus, and introduced in lieu
thereof the skin of a calf and an earthen pot. The prisoners confessed
before the police, but were acquitted mainly on the ground that the
earthen pot was of a size which rendered it impossible to credit its
introduction during life. The Paraiyas of Malabar and Cochin are
celebrated for their magical powers, and the practice of odi.</p>
<div class="blockquote">
<p class="first">“There are,” Mr Govinda Nambiar
writes,<SPAN class="noteref" id="xd20e3756src" href="#xd20e3756" name="xd20e3756src">1</SPAN> “certain specialists among mantravādis
(dealers in magical spells), <span class="pagenum">[<SPAN id="pb226" href="#pb226" name="pb226">226</SPAN>]</span>who are known as Odiyans.
Conviction is deep-rooted that they have the power of destroying
whomever they please, and that, by means of a powerful bewitching
matter called pilla thilum (oil extracted from the body of an infant),
they are enabled to transform themselves into any shape or form, or
even to vanish into air, as their fancy may suggest. When an Odiyan is
hired to cause the death of a man, he waits during the night at the
gate of his intended victim’s house, usually in the form of a
bullock. If, however, the person is inside the house, the Odiyan
assumes the shape of a cat, enters the house, and induces him to come
out. He is subsequently knocked down and strangled. The Odiyan is also
credited with the power, by means of certain medicines, of inducing
sleeping persons to open the doors, and come out of their houses as
somnambulists do. Pregnant women are sometimes induced to come out of
their houses in this way, and they are murdered, and the fœtus
extracted from them. Murder of both sexes by Odiyans was a crime of
frequent occurrence before the British occupation of the
country.”</p>
</div>
<p>In a case which was tried at the Malabar Sessions a few years ago,
several witnesses for the prosecution deposed that a certain individual
was killed by odi. One man gave the following account of the process.
Shoot the victim in the nape of the neck with a blunt arrow, and bring
him down. Proceed to beat him systematically all over the body with two
sticks (resembling a policeman’s truncheon, and called odivaddi),
laying him on his back and applying the sticks to his chest, and up and
down the sides, breaking all the ribs and other bones. Then raise the
person, and <span class="corr" id="xd20e3766" title=
"Source: kicks">kick</span> his sides. After this, force him to take an
oath that he will never divulge the names of his torturer. All the
witnesses agreed about the blunt arrow, and some bore testimony to the
sticks.</p>
<p>A detailed account of the odi cult, from which the <span class="pagenum">[<SPAN id="pb227" href="#pb227" name="pb227">227</SPAN>]</span>following information was obtained, is given by
Mr Anantha Krishna Iyer.<SPAN class="noteref" id="xd20e3773src" href="#xd20e3773" name="xd20e3773src">2</SPAN> The disciple is taught how to
procure pilla thilum (fœtus oil) from the six or seven months
fœtus of a young woman in her first pregnancy. He (the Paraiyan
magician) sets out at midnight from his hut to the house of the woman
he has selected, round which he walks several times, shaking a cocoanut
containing gurasi (a compound of water, lime, and turmeric), and
muttering some mantrams to invoke the aid of his deity. He also draws a
yantram (cabalistic figure) on the earth, taking special care to
observe the omens as he starts. Should they be unfavourable, he puts it
off for a more favourable opportunity. By the potency of his cult, the
woman is made to come out. Even if the door of the room in which she
might sleep be under lock and key, she would knock her head against it
until she found her way out. She thus comes out, and yields herself to
the influence of the magician, who leads her to a retired spot either
in the compound (grounds), or elsewhere in the neighbourhood, strips
her naked, and tells her to lie flat. She does so, and a chora kindi
(gourd, <i>Lagenaria</i>) is placed close to the uterus. The
fœtus comes out in a moment. A few leaves of some plant are
applied, and the uterus contracts. Sometimes the womb is filled with
rubbish, and the woman instantly dies. Care is taken that the
fœtus does not touch the ground, lest the purpose be defeated,
and the efficacy of the medicine completely lost. It is cut into
pieces, dried, and afterwards exposed to the smoke above a fireplace.
It is then placed in a vessel provided with a hole or two, below which
there is another vessel. The two together are placed in a larger vessel
filled with water, and heated over a bright fire. The heat must be so
intense as to affect the fœtus, from which a <span class="pagenum">[<SPAN id="pb228" href="#pb228" name="pb228">228</SPAN>]</span>kind
of liquid drops, and collects in the second vessel in an hour and a
half. The magician then takes a human skull, and reduces it to a fine
powder. This is mixed with a portion of the liquid. A mark is made on
the forehead with this mixture, and the oil is rubbed on certain parts
of the body, and he drinks some cow-dung water. He then thinks that he
can assume the figure of any animal he likes, and successfully achieves
the object in view, which is generally to murder or maim a person. A
magic oil, called angola thilum, is extracted from the angola tree
(<i>Alangium Lamarckii</i>), which bears a very large number of fruits.
One of these is believed to be capable of descending and returning to
its position on dark nights. Its possession can be secured by demons,
or by an expert watching at the foot of the tree. When it has been
secured, the extraction of the oil involves the same operations as
those for extracting the pilla thilum, and they must be carried out
within seven hours. The odi cult is said to have been practised by the
Paraiyas some twenty years ago to a very large extent in the rural
parts of the northern division of the Cochin State, and in the
tāluks of Palghāt and Valuvanād, and even now it has not
quite died out. Cases of extracting the fœtus, and of putting
persons to death by odi, are not now heard of owing to the fear of
government officials, landlords, and others.</p>
<p>Of the odi cult as practised by the Pānan magicians of the
Cochin State, the following account is given by Mr Anantha Krishna
Iyer.<SPAN class="noteref" id="xd20e3786src" href="#xd20e3786" name="xd20e3786src">3</SPAN></p>
<div class="blockquote">
<p class="first">“A Pānan, who is an adept in the black art,
dresses in an unwashed cloth, and performs pūja to his deity,
after which he goes in search of a kotuveli plant (<i>Plumbago
zeylanica</i>). When he has found it, he goes round it three times
every day, and continues to do so for ninety days, <span class="pagenum">[<SPAN id="pb229" href="#pb229" name="pb229">229</SPAN>]</span>prostrating himself every day before it, and on
the last night, which must be a new moon night, at midnight, he
performs pūja to the plant, burning camphor and frankincense, and,
after going round it three times, prostrates himself before it. He then
thrusts three small candles on it, and advances twenty paces in front
of it. With his mouth closed, he plucks the root, and buries it in the
ashes on the cremation ground, after which he pours the water of seven
green cocoanuts on it. He then goes round it twenty-one times, uttering
all the while certain mantrams. This being over, he plunges himself in
water, and stands erect until it extends to his mouth. He takes a
mouthful of water which he empties on the spot, and takes the plant
with the root which he believes to possess peculiar virtues. When it is
taken to the closed door of a house, it has the power to entice a
pregnant woman, and cause her to come out, when the fœtus is
removed. It is all secretly done at midnight. The head, hands, and legs
are cut off, and the trunk is taken to a dark-coloured rock, on which
it is cut into nine pieces, which are burned until they are blackened.
At this stage one piece boils, and it is placed in a new earthen pot,
to which is added the water of nine green cocoanuts. The pot is removed
to the burial ground, where the Pānan performs a pūja in
honour of his favourite deity. He fixes two poles deep in the earth, at
a distance of thirty feet from each other. The two poles are connected
by a strong wire, from which is suspended the pot to be heated and
boiled. Seven fireplaces are made beneath the wire, over the middle of
which is the pot. The branches of bamboo, katalati (<i>Achyranthes
aspera</i>), conga (<i>Bauhinia variegata</i>), cocoanut palm, jack
tree (<i>Artocarpus integrifolia</i>), and pavatta (<i>Pavetta
indica</i>), are used in forming a bright fire. The mixture in the pot
soon boils and becomes oily, at which stage it is passed through a fine
cloth. The oil is preserved, and a mark made with it on the forehead
enables the possessor to realise anything which is thought of. The
sorcerer must be in a state of vow for twenty-one days, and live on a
diet <span class="pagenum">[<SPAN id="pb230" href="#pb230" name="pb230">230</SPAN>]</span>of chama kanji (gruel). The deity whose aid is
necessary is also propitiated by offerings.”</p>
</div>
<p>In 1908, the following case, relating to the birth of a monster, was
tried before the Sessions Judge of South Canara. A young Gauda girl
became pregnant by her brother-in-law. After three days’ labour,
the child was born. The accused, who was the mother of the girl, was
the midwife. Finding the delivery very difficult, she sent for a person
to come and help her. The child was, as they thought, still-born. On
its head was a red protuberance like a ball; round each of its forearms
were two or three red bands; the eyes and ears were fixed very high in
the head; and the eyes, nose, and mouth were abnormally large. The
mother was carried out of the outhouse, lest the devil child should do
her harm, or kill her. The accused summoned a Muhammadan, who was in
the yard. He came in, and she showed him the child, and asked him to
call the neighbours, to decide what to do. The child, she said, was a
devil child, and must be cut and killed, lest it should devour the
mother. While they were looking at the child, it began to move and roll
its eyes about, and turn on the ground. It is a belief of the villagers
that such a devil child, when brought in contact with the air, rapidly
grows, and causes great trouble, usually killing the mother, and
sometimes killing all the inmates of the house. The accused told the
Muhammadan to cover the child with a vessel, which he did. Then there
was a sound from inside the vessel, either of the child moving, or
making a sound with its mouth. The accused then put her hand under the
vessel, dragged the child half-way out, and, while the Muhammadan
pressed the edge of the vessel on the abdomen of the child, took a
knife, and cut the body in <span class="pagenum">[<SPAN id="pb231" href="#pb231" name="pb231">231</SPAN>]</span>half. When the body was cut in
two, there was no blood, but a mossy-green or black liquid oozed out.
The accused got two areca leaves, and put one piece of the child on
one, and one on the other, and told the Muhammadan to get a spade, and
bury them. So they went to the jungle close to the house, and the
Muhammadan dug two holes, one on one hillock, and one on another. In
these holes, the two pieces of the child were buried. The object of
this was to prevent the two pieces joining together again, in which
case the united devil child would have come out of the grave, and gone
to kill the mother.</p>
<p>Years ago, it was not unusual for people to come long distances for
the purpose of engaging Paniyans of the Wynād (in Malabar) to help
them in carrying out some more than usually desperate robbery or
murder. Their mode of procedure, when engaged in an enterprise of this
sort, is evidenced by two cases, which had in them a strong element of
savagery. On both these occasions, the thatched homesteads were
surrounded at dead of night by gangs of Paniyans carrying large bundles
of rice straw. After carefully piling up the straw on all sides of the
building marked for destruction, torches were at a given signal
applied, and those of the inmates who attempted to escape were knocked
on the head with clubs, and thrust into the fiery furnace. In 1904,
some Paniyans were employed by a Māppilla (Muhammadan) to murder
his mistress, who was pregnant, and threatened that she would noise
abroad his responsibility for her condition. He brooded over the
matter, and one day, meeting a Paniyan, promised him ten rupees if he
would kill the woman. The Paniyan agreed to commit the crime, and went
with his brothers to a place on a hill, where the Māppilla and the
woman were in the habit of gratifying their passions. Thither the man
and woman followed <span class="pagenum">[<SPAN id="pb232" href="#pb232"
name="pb232">232</SPAN>]</span>the Paniyans, of whom one ran out, and
struck the victim on the head with a chopper. She was then gagged with
a cloth, carried some distance, and killed.</p>
<p>In 1834, the inhabitants of several villages in Malabar attacked a
village of Paraiyans on the alleged ground that deaths of people and
cattle, and the protracted labour of a woman in childbed, had been
caused by the practice of sorcery by the Paraiyans. They were beaten
inhumanely with their hands tied behind their backs, so that several
died. The villagers were driven, bound, into a river, immersed under
water so as nearly to produce suffocation, and their own children were
forced to rub sand into their wounds. Their settlement was then razed
to the ground, and they were driven into banishment.</p>
<p>The Kādirs of the Ānaimalais are believers in witchcraft,
and attribute diseases to the working thereof. They are expert
exorcists, and trade in mantravādam or magic. It is recorded by Mr
Logan<SPAN class="noteref" id="xd20e3826src" href="#xd20e3826" name="xd20e3826src">4</SPAN> that “the family of famous trackers, whose
services in the jungles were retained for H.R.H. the Prince of
Wales’s (afterwards King Edward VII.) projected sporting tour in
the Ānamalai mountains, dropped off most mysteriously one by one,
stricken down by an unseen hand, and all of them expressing beforehand
their conviction that they were under a certain individual’s
spell, and were doomed to certain death at an early date. They were
probably poisoned, but how it was managed remains a mystery, although
the family was under the protection of a European gentleman, who would
at once have brought to light any ostensible foul play.”</p>
<p>The Badagas of the Nīlgiris live in dread of the jungle
Kurumbas, who constantly come under reference in their folk-stories.
The Kurumba is the necromancer of the hills, <span class="pagenum">[<SPAN id="pb233" href="#pb233" name="pb233">233</SPAN>]</span>and
believed to be possessed of the power of outraging women, removing
their livers, and so causing their death, while the wound heals by
magic, so that no trace of the operation is left. The Badaga’s
dread of the Kurumba is said to be so great, that a simple threat of
vengeance has proved fatal. The Badaga or Toda requires the services of
the Kurumba, when he fancies that any member of his family is possessed
by a devil. The Kurumba does his best to remove the malady by means of
mantrams (magical formulæ). If he fails, and if any suspicion is
aroused in the mind of the Badaga or Toda that he is allowing the devil
to play his pranks instead of loosing his hold on the supposed victim,
woe betide him. Writing in 1832, Harkness states<SPAN class="noteref" id="xd20e3833src" href="#xd20e3833" name="xd20e3833src">5</SPAN> that
“a very few years before, a Burgher (Badaga) had been hanged by
the sentence of the provincial court for the murder of a Kurumba. The
act of the former was not without what was considered great
provocation. Disease had attacked the inhabitants of the hamlet, a
murrain their cattle. The former had carried off a great part of the
family of the murderer, and he himself had but narrowly escaped its
effects. No one in the neighbourhood doubted that the Kurumba in
question had, by his necromancy, caused all this misfortune, and, after
several fruitless attempts, a party of them succeeded in surrounding
him in open day, and effecting their purpose.”</p>
<p>In 1835, no less than fifty-eight Kurumbas were murdered, and a
smaller number in 1875 and 1882. In 1891, the inmates of a single
Kurumba hut were said to have been murdered, and the hut burnt to
ashes, because one of the family had been treating a sick Badaga child,
and failed to cure it. The district judge, however, disbelieved
<span class="pagenum">[<SPAN id="pb234" href="#pb234" name="pb234">234</SPAN>]</span>the evidence, and all who were charged were
acquitted. Again, in 1900, a whole family of Kurumbas was murdered, of
which the head, who had a reputation as a medicine man, was believed to
have brought disease and death into a Badaga village. The sympathies of
the whole countryside were so strongly with the murderers that
detection was made very difficult, and the persons charged were
acquitted.<SPAN class="noteref" id="xd20e3840src" href="#xd20e3840" name="xd20e3840src">6</SPAN></p>
<div class="blockquote">
<p class="first">“It is,” Mr Grigg writes,<SPAN class="noteref" id="xd20e3846src" href="#xd20e3846" name="xd20e3846src">7</SPAN>
“a curious fact that neither Kota, Irula, or Badaga, will slay a
Kurumba, until a Toda has struck the first blow, but, as soon as his
sanctity has been violated by a blow, they hasten to complete the
murderous work, which the sacred hand of the Toda has begun.”</p>
</div>
<p>Some years ago, a Toda was found dead in a sitting posture on the
top of a hill near a Badaga village, in which a party of Todas had gone
to collect the tribute due to them. The body was cremated, and a report
made to the police that the man had been murdered. On enquiry, it was
ascertained that the dead man was supposed to have bewitched a little
Badaga girl, who died in consequence, and the presumption was that he
had been murdered by the Badagas out of spite.</p>
<p>In 1906, two men were found guilty of killing a man by shooting him
with a gun in South Canara. It is recorded in the judgment that
“the accused have a brother, who has been ill for a long time.
They thought deceased, who was an astrologer and mantravādi, had
bewitched him. They had spent fifty or sixty rupees on deceased for his
treatment, but it did no good, and accused came to believe that
deceased not only would not cure their brother himself, but would not
allow <span class="pagenum">[<SPAN id="pb235" href="#pb235" name="pb235">235</SPAN>]</span>other doctors to do so. Also, a certain theft
having occurred some months ago, deceased professed by his magic arts
to have discovered that accused and others were the thieves. In
consequence of these things, accused had expressed various threats
against deceased. One witness, who is a mantravādi in a small way,
was consulted by one of the accused to find some counter-treatment for
deceased’s bewitchment. Accused said that deceased refused to
cure their brother, and would not let others do so, unless they gave
him certain gold coins called Rāma Tanka, said to be in their
possession. They desired this possession, so would not satisfy
deceased. So their brother was dying by inches under deceased’s
malign influence. This witness professed to have discovered that
accused’s brother was being worried by one black devil and two
malignant spirits of the dead. It is clear from the evidence that
accused, who are ignorant men of a low type, really believed that
deceased was by his magic wilfully and slowly killing their brother.
They believed that the only way to save their brother’s life was
to kill the magician.”</p>
<p>During an epidemic of smallpox in the Jeypore hill tracts, a man
lost his wife and child. A local subscription had been organised for a
sorcerer, on the understanding that he was to stay the course of the
epidemic. The bereaved man charged him with being a fraud, and, in the
course of a quarrel, split his skull open with a tangi (axe).</p>
<p>In 1906, a Kōmati woman died of cholera in a village in Ganjam.
Her son sought the assistance of certain men of the
“Reddika” caste in obtaining wood for the pyre, carrying
the corpse to the burning-ground, and cremating it. The son set fire to
the pyre, and withdrew, leaving the Reddikas on the spot. Among them
was one, who is said to have learnt sorcery from a Bairāgi
(religious mendicant), and to have been generally feared and hated in
the village. <span class="pagenum">[<SPAN id="pb236" href="#pb236" name="pb236">236</SPAN>]</span>To him the spread of cholera by letting loose
the goddess of the cremation-ground, called Mashani Chendi, was
attributed. Arrack (liquor) was passed round among those who were
attending to the burning corpse, and they got more or less drunk. Two
of them killed the sorcerer by severe blows on the neck with
wood-choppers. His corpse was then placed on the burning pyre of the
Kōmati woman, and cremated. The men who delivered the death blows
were sentenced to transportation for life, as their intoxicated state
and superstitious feeling were held to plead in mitigation of the
punishment.</p>
<p>In 1904 a case illustrating the prevailing belief in witchcraft
occurred in the Vizagapatam hill tracts. The youngest of three brothers
died of fever, and, when the body was cremated, the fire failed to
consume the upper portion. The brothers concluded that death must have
been caused by the witchcraft of a certain Kondh. They accordingly
attacked him, and killed him. After death, the brothers cut the body in
half and dragged the upper half of it to their own village, where they
attempted to nail it up on the spot where their deceased
brother’s body failed to burn. They were arrested on the spot,
with the fragment of the Kondh’s corpse. They were sentenced to
death.<SPAN class="noteref" id="xd20e3864src" href="#xd20e3864" name="xd20e3864src">8</SPAN></p>
<p>In the North Arcot district, a few years ago, a reputed magician,
while collecting the pieces of a burning corpse, to be used for the
purposes of sorcery, was seized and murdered, and his body cast on the
burning pyre. From the recovery of duplicate bones, it was proved that
two bodies were burnt, and the murder was detected. Two persons were
sentenced to transportation for life.<SPAN class="noteref" id="xd20e3869src" href="#xd20e3869" name="xd20e3869src">9</SPAN></p>
<div class="figure xd20e3874width" id="p237"><ANTIMG src="images/p237.jpg" alt="Jumadi Bhūtha, South Canara." width-obs="506" height-obs="720">
<p class="figureHead">Jumadi Bhūtha, South Canara.</p>
<p class="first xd20e138">To face p. 237.</p>
</div>
<p><span class="pagenum">[<SPAN id="pb237" href="#pb237" name="pb237">237</SPAN>]</span></p>
<hr class="fnsep">
<p class="footnote"><span class="label"><SPAN class="noteref" id="xd20e3756" href="#xd20e3756src" name="xd20e3756">1</SPAN></span>
<i>Indian Review</i>, May, 1900.</p>
<p class="footnote"><span class="label"><SPAN class="noteref" id="xd20e3773" href="#xd20e3773src" name="xd20e3773">2</SPAN></span>
“The Cochin Tribes and Castes,” Madras, 1909, i.
77–81.</p>
<p class="footnote"><span class="label"><SPAN class="noteref" id="xd20e3786" href="#xd20e3786src" name="xd20e3786">3</SPAN></span>
“The Cochin Tribes and Castes,” Madras, i. 176–7.</p>
<p class="footnote"><span class="label"><SPAN class="noteref" id="xd20e3826" href="#xd20e3826src" name="xd20e3826">4</SPAN></span>
“Malabar,” 1887, i. 174.</p>
<p class="footnote"><span class="label"><SPAN class="noteref" id="xd20e3833" href="#xd20e3833src" name="xd20e3833">5</SPAN></span>
“Description of a Singular Aboriginal Race inhabiting the summit
of the Neilgherry Hills,” 1832, 83–4.</p>
<p class="footnote"><span class="label"><SPAN class="noteref" id="xd20e3840" href="#xd20e3840src" name="xd20e3840">6</SPAN></span>
“Madras Police Administration Report,” 1900.</p>
<p class="footnote"><span class="label"><SPAN class="noteref" id="xd20e3846" href="#xd20e3846src" name="xd20e3846">7</SPAN></span>
“Manual of the Niligiri District,” 1880, 212.</p>
<p class="footnote"><span class="label"><SPAN class="noteref" id="xd20e3864" href="#xd20e3864src" name="xd20e3864">8</SPAN></span>
“Madras Police Administration Report,” 1904.</p>
<p class="footnote"><span class="label"><SPAN class="noteref" id="xd20e3869" href="#xd20e3869src" name="xd20e3869">9</SPAN></span>
<i>Ibid.</i>, 1905–6.</p>
<div style="break-after:column;"></div><br />