CHAPTER 40. Sociocultural Crimes
A Forensic Approach
Rakesh K. Gorea
The world is becoming a global village as people migrate between countries to seek newer avenues for jobs and prosperity. With the migration of people of different social and cultural beliefs, crimes based on these values are also spreading to the host countries. Sociocultural crimes will not be limited to a particular country but will become omnipresent. There is an urgent need to become familiar with sociocultural crimes so that they can be identified, assessed, and investigated and so that the perpetrators of sociocultural crimes can be prosecuted according to the law of the host land. Once forensic nurse examiners (FNEs) become aware of these crimes, it will become less complicated for the forensic nurse examiner to understand the psychology responsible for the social and cultural values behind them. It will also become less complicated for the nurse to identify the underlying causes and manage the victims and assailants. Knowledge of sociocultural crimes will also help the investigating agencies to reduce and prevent future crimes. There are various theories and concepts for the root cause and frequency of occurrence of sociocultural crimes. These crimes may be explained on the basis of the psychological, biological, behavioral, economic, social, and cultural conditions of a society. The origin of sociocultural crime is usually limited to one region, state, or country according to its social and cultural beliefs. Some sociocultural crimes are rampant in adjoining countries because these countries have been formed by partition of one parent country and they inherit the same sociocultural beliefs.
Gender-Based Crimes
Gender-based discrimination, wife battering, dowry deaths, criminal abortions, female feticide, female infanticide, sati pratha, honor killings, geriatric battering, child marriages, witchcraft and tantriks, custodial torture, ragging, corporal punishment in schools, rights of passage to adulthood, religious and therapeutic injury and death for both males and females constitute the sociocultural crimes that are practiced to different extents in diverse areas of the world.
Dowry death
This sociocultural crime, also known as bride burning, is rampant in India, particularly in Hindu and Sikh families. In-laws often kill brides for bringing insufficient dowry into the marriage. In addition, brides are often brutalized, tortured, and punished for bringing inadequate money or unsatisfactory gifts in dowry. They are tormented to such an extent that these women often commit suicide by drowning, hanging, or burning themselves or ingesting lethal poisons. Dowry death has been defined by Indian law as death occurring within seven years of marriage or death occurring before a woman attains the age of 30 years. The most common method employed in India is either death by poison or death by conflagration (throwing kerosene on a woman and igniting it). The most common perpetrator in such crimes is the mother-in-law.
Dowry deaths are now more effectively prosecuted in India under Section 302/304-B IPC. The government has also increased the punishment for those responsible for dowry deaths. To prevent undue public influence on the forensic physician in such cases, a board of doctors provides postmortem examinations. In spite of these laws, the rate of dowry deaths has not shown any decline; rather it has shown an alarming increase since the early 2000s. Reported cases of dowry deaths included the following: in 2003, 6208 cases; in 2004, 7026 cases; in 2005, 6787 cases; in 2006, 7618 cases; and in 2007, 8093 cases (National Crime Records Bureau [NCRB], 2007a). Dowry deaths are considered a bane in Indian society, but they continue despite the effort of the government and various nongovernmental organizations. This malevolence is compounded by the poor conviction rate in India. Although 92.8% of dowry deaths were charged, there were convictions in merely 33% of 8093 cases in 2007 (NCRB, 2007b) (Fig. 40-1).
Female feticide
Female feticide is the crime of aborting a fetus after sex determination has identified the fetus as female. One of the most heinous crimes is to prevent the birth of female babies. With the advent of ultrasound sex determination, such tests are performed with impunity because of the greed of doctors and the societal pressure on women to have male children. As a result of this mass elimination of the female fetus, the male-to-female sex ratio is being disturbed in various states for a variety of reasons. The practice of female feticide is more common in areas where a mania exists for having a son instead of a daughter, particularly in the Hindi-speaking area of North India.
Female infanticide
Infanticide is covered under Section 302 IPC and Section 315 IPC and is defined as a crime against a newborn to 1 year of age as opposed to feticide (a crime against a fetus), which is covered under Sections 315 and 316 IPC. This practice is ingrained to such an extent that even male fetuses wrongly diagnosed as female are often aborted, resulting in serious anguish and pain for the mothers. In one instance, a wife sued her husband for demanding the abortion of a male fetus when it was wrongly diagnosed as female (Hindustan Times, 2008a). The root causes of this obsession for male children are superstitions, poverty, illiteracy, and the dowry system. There are also religious rites that add to this problem. For example, only sons can perform the last rites at the cremation of the deceased father or mother (Gorea, 2004a). In the absence of a son, a brother, father, uncle, or nephew is called on to ignite the funeral pyre. If a daughter is the only child of the decedent and the daughter is married, her husband may be allowed to light the first flames of the funeral pyre. To curb the practice of female infanticide, the government of India has promulgated the 2002 Pre Natal Diagnostic Techniques Act and the Regulation and Prevention of Misuse Amendment 14 of 2003.
The greatest problem in such cases is that there is no complainant. Neither mothers nor indulging doctors complain about this crime, and the fetus cannot speak for itself. Only social vigilance and change of societal mindset will provide a solution to this historical problem. Because of sustained efforts by government and nongovernmental organizations (NGOs), this situation has now changed in seven villages of the Mansa district of Punjab. Currently there are more girls than boys, in contrast to 2001 when there were 784 girls to 1000 boys. This difference is due to increased awareness, stringent laws, and a changed state of mind (Sidhu, 2009). Female babies born in certain male-dominant societies of the world are not welcome and become unwanted family members. Failure to provide stringent laws, funding, or facilities for the female infant will result in an act of infanticide by those who do not want female children. The dowry system is mainly responsible for female infanticide, in addition to other social causes. In Punjab, unwanted newborn girls are not properly nursed or nourished. Punjabis fail to take proper care of the girl child after birth, which results in a higher death rate of girls in the age group of 0 to 5 years (Dainik Jagran, 2009). The girl child may also be deprived of education, both in India and in Pakistan, which has resulted in illiteracy and the inability for many women to provide a better life for themselves and their daughters. In the Northwest Swat Valley of Pakistan, the Taliban has demanded that girls should not go to school. If this order was violated after a certain date, the Taliban threatened to start killing the girls (Hindustan Times, 2008b). In spite of the stated evidence, a segment of society has realized, “It is unfortunate, for one reason or the other, that the practice of female infanticide still prevails despite the fact that the gentle touch and the voice of a daughter has a soothing effect on their parents” (National Commission for Women, 2008).
Female genital mutilation
The intentional cutting of female genital organs without valid medical reasons is known as female genital mutilation (FGM) or female circumcision and is carried out in different parts of the world including some areas of Australia, Europe, South America, Mexico, and Asia. As evidence of the gravity of this problem, it is believed that 100-140 million women worldwide are living with the negative effects of FGM. In some African tribes, the tradition of female genital mutilation is common, with some 3 million girls considered at risk. This procedure is carried out primarily on girls from infancy to 15 years of age (World Health Organization, 2009). Cutting is performed by traditional circumcisers, but different methods are applied. The labia majora, labia minora, and clitoris are partially or completely excised, or only the clitoris may be removed. Sometimes only narrowing of the vagina may be done, or cautery or incision of the genital organs may be performed. FGM reduces or eliminates the woman’s pleasure during sexual intercourse. In the final statement of a conference on FGM held on November 24, 2006, by the Target Group of Germany, it was emphasized that this unconscionable tradition is an assault on women and should be considered criminal (religioustolerance.org, 2009).
This practice commonly leads to infections, hemorrhage, shock, and scarring, which in turn often leads to difficult childbirth and infertility. It also causes painful sexual intercourse and nervousness, as well as urinary and menstrual problems. Sudan, Somalia, Kenya, Ethiopia, and Mali are more affected by the practice of infibulation or pharaonic circumcision, the most extensive and serious cutting category of FGM (Hosken, 2009). According to a study by the United Nations International Children Emergency Fund (UNICEF), infants, girls, and women suffering from FGM face irreversible lifelong health risks. “FGM/C (female genital mutilation/cutting) is a fundamental violation of the rights of the girl child. It is discriminatory and violates the rights to equal opportunities, health, and freedom from violence, injury, abuse, torture, cruel or inhuman and degrading treatment, protection from harmful traditional practices, and to make decisions concerning reproduction” (UNICEF, 2009). International law protects the rights to equal opportunities, thus female genital mutilation is a violation of basic human rights as outlined in the United Nations Universal Declaration of Human Rights (UNUDHR). Various reasons underlie the perpetuation of this practice, and these must be understood in a way that does not undermine their complexity. Despite this necessity, cultural sensitivity must be informed by basic rights and the ways in which they are violated, avoiding cultural and legal pluralism. Education and program development are essential characteristics of eradication efforts (unicef.org, 2009). (See Chapter 42 on female genital mutilation.)
Criminal Abortion
Among the most emotive cultural and legal issues worldwide are those regarding the termination of unwanted pregnancies. Public health workers believe that sexual abuse is an often neglected, widespread problem in many countries. Abortion procedures of underage girls in Brazil primarily involve those who have survived sexual abuse. One of Brazil’s women’s health clinics, which specializes in care for victims of sexual abuse, has stated that nearly half of its 15 daily cases involves children younger than 12 years of age ( New York Times, March 28, 2009).
These children are primarily victims of sexual abuse and rape. The perpetrators are primarily family members. In 80% of the cases, fathers or stepfathers committed the sexual abuse. Jefferson Drezett, a gynecologist and coordinator of sexual abuse services at the hospital, said, “A part of Brazilian society still doesn’t want to stop treating women like they are property: This has to change” (newyorktimes.com). Brazil’s Ministry of Health reports the number of legal abortions performed on girls ages 10 to 14 has more than doubled from 22 procedures in 2007 to 49 in 2008. Considering all Latin American countries, only Chile, El Salvador, and Nicaragua—all of which ban abortion for any reason—have stricter abortion laws than Brazil ( New York Times, March 28, 2009).
Physicians in Brazil performed an abortion on a 9-year-old girl who reportedly had been raped by her stepfather and was 15 weeks pregnant with twins. Abortion is illegal in Brazil except in cases of rape or when the woman’s life is in danger. Both exceptions seem applicable to this 9-year-old girl’s case. However, the Brazilian archbishop excommunicated the physicians who performed the abortion and the girl’s mother who permitted the procedure. The stepfather, however, was excommunicated. The case has ignited debates about reproductive rights in Brazil and has “brought to light other instances of young girls being raped and impregnated by family members.” ( New York Times, March 28, 2009).
India
The 1971 Medical Termination of Pregnancy Act of India states that any abortion performed against the provisions of this act becomes an illegal or criminal abortion. Most pregnancies in unmarried females are aborted against the provision of this act because of the social shame factor. Married females may also resort to criminal abortion when the sex of the child is determined unacceptable, when the number of children is unfavorable to the mother’s health, or if pregnancy is due to an illicit relation, that is not sanctioned by Indian society. Because of the low cost of illegal abortions performed by untrained persons, the practice of criminal abortion is increasing. If the ultrasonogram test for sex determination during pregnancy indicates that the fetus is female, most are aborted. Such abortions are not carried out at centers that permit abortion but at other facilities, often jeopardizing the health and life of the pregnant woman.
China
Conversely, the Chinese government’s one-child policy first implemented in 1978 sanctions widespread, forced abortions and sterilizations for essentially the same reason as that presented in India: a boy child is preferred. Although the policy was initially introduced to curb overpopulation, it is the female child that is dispensable. Because of the one-child policy, there are 60 million more Chinese boys than girls. Brutally coercive population control in rural areas is a reminder that Beijing’s one-child policy remains in effect despite calls for reform by human rights organizations and Chinese demographers. The success of this policy has checked China’s population growth to the extent that the country now confronts the rapid aging of its total population in the next two decades. Critics point out that India has achieved broadly similar declines in fertility without government coercion or occasional brutality (www.time.com/time/world/article/0,8599,1615936,00.html).
In China, pregnancy outside of marriage is illegal. On September 7, 2000, family-planning officials arrested 20-year-old Jin Yani, an expectant mother who was in her ninth month of pregnancy. Her crime was to become pregnant by her fiance five months prior to her reaching her 20th birthday, the minimum legal age for marriage under Chinese law. She was full-term and her membranes had already ruptured by the time she was being taken to a local abortion center. There, the unborn baby girl was injected with a lethal medication, and two days later removed from the mother’s body with forceps. Jin Yani had massive hemorrhaging and was hospitalized for 44 days. She is now infertile due to the abortion. The couple decided to sue governmental agencies for medical costs, psychological distress, and the medical fiasco, which resulted in the couple’s inability to conceive (Hoyden, 2008).
United states
Abortion in the United States is one of the most controversial and politically charged issues in U.S. Supreme Court history. The case of Roe v. Wade, addressed in 1973 by the U.S. Supreme Court, challenged the constitutionality of a state’s criminal abortion laws, which proscribed procuring or attempting an abortion except on medical advice for the purpose of saving the mother’s life. This case resulted in a landmark decision leading to a federal law that allowed independent states to determine the outcome regarding abortion and reshaped national politics. At that time, the decision overturned all state and federal statutes outlawing or restricting abortions that were inconsistent with the findings of the issues presented. The Roe v. Wade decision prompted a national debate that continues today and has divided the nation into pro-choice and pro-life campaigns. The current judicial interpretation of the U.S. Constitution regarding abortion and subsequent companion decisions is that abortion is legal but may be restricted by the states to varying degrees. States have passed laws to restrict late-term abortions, require parental notification for minors, and mandate the disclosure of abortion risk information to patients before the procedure is performed (Touro Law Center, 1995).
Ireland
Strict abortion laws in Ireland have a controversial history that remains a disputed subject today. The 1861 Offences against the Person Act, which was introduced by Britain, maintained all abortions to be illegal and subject to “penal servitude for life.” As the twentieth century brought liberalized laws across Europe, a predominately Catholic Ireland remained implacably opposed to abortion. In 1967, after 100 years, Britain allowed the termination of pregnancies. The legalization of abortion has resulted in an annual increase in the number of Irish women traveling to the United Kingdom to obtain an abortion. Although legal in the Republic of Ireland and in Northern Ireland, restrictions exist regarding the endangerment of the woman’s life through continuance of the pregnancy (Blush Response, 2001).
Domestic Terrorism
Wife battering
Violence against women and gender-based violence infects every society. Wife battering refers to violent acts—psychological, sexual, or physical assault—by an assailant against his wife or partner made with the intent of controlling the partner by inducing fear and pain (http://legal-dictionary.thefreedictionary.com/Wife-beating). Wife battering is observed on different pretexts in Indian society. In a social and historical context, wife beating is common in some cultures to such an extent that it is considered a routine family affair, particularly in strata with low socioeconomic status. Such cases are not reported to the police, even in extreme situations. Only when the act may result in death is it is reported to the authorities. These are not just isolated cases in India but are common across different countries. A White Ribbon Campaign in India represents the efforts to reduce and prevent wife battering and other forms of violence against women. Places of sanctuary are needed where a woman can take her children when violence is out of control. (See Chapter 31.)
Baby battering
Battering babies is not uncommon in many countries. It goes on without impunity in different forms. A child who does not behave according to the wishes of parents or guardians is often cursed and beaten to make the child fall in line with the wishes of the batterer. Gracia and Herrero (2008) have studied the crime of child abuse, which often occurs because of different beliefs in these societies. According to this research, 56.13% of respondents believed in the necessity of punishment to children; 59.2% of women believed in the necessity of corporal punishment, compared to 40.8% of men. With a new age of social responsibility, some countries are reviewing antiquated perspectives on physical punishment. (See also Chapter 29.)
Geriatric battering
In many countries it is the government that assumes the responsibility of caring for the old people in their society. In some countries, the elderly are dependent on their children who may not be able or willing to provide the basic necessities for their parents. Poverty is believed to be one of the primary reasons for this negligence. It has also been observed in these societies that the elderly are beaten by the very children who are supposed to provide for them. Battery also occurs because of disputes about the inheritance of property. Could this be related to the corporal punishment these children received from their parents in early childhood? Social scientists have posed this question since the 1970s, and many have indicated that violence is learned behavior. (See Chapter 30.)
Antiquated Cultural Crimes
Child marriage
According to a report issued by the United Nations, early marriages violate the young woman’s basic human rights by putting her into a life of isolation and service where she may have to contend with a lack of education, health problems, and abuse. UNICEF stated, “because marriage under the age of 18 may threaten a child’s human rights (including the right to education, leisure, good health, freedom of expression, and freedom from discrimination), the best way to ensure the protection of children’s rights is to set a minimum age limit of 18 for marriage” (About.com, 2009) This issue has both cultural and religious aspects. The views on child marriage in four major countries are addressed and compared in the following sections.
India
Child marriages were common in India in past centuries. But now, because of the expansion of education and the Child Marriage Restraint Act of 1929, child marriages are on the decline. However, illegal child marriages are still reported and prosecuted in India. Statistics indicate that 125 cases were reported in 2005; 99 cases in 2006 and 96 cases in 2007 were prosecuted. The statistics in India’s Andhra Pradesh documented 21 cases (21.9% of the total cases reported in India), followed by Gujarat (14 cases, 14.6%), and West Bengal (9 cases, 9.4%) (NCRB, 2007c). Child marriages are often performed in India, and sometimes more than one girl child in the family might be married on the same day. About 15,000 child marriages occur annually (Taboo, 2008a). The practice of child marriage is not limited to India but is commonly accepted practice in many other Asian countries.
Saudi Arabia
There are no laws in Saudi Arabia that define the minimum age for marriage. Though a woman’s consent is legally required, some marriage officials do not seek it. For example, a father can marry off a 1-year-old girl as long as sex is delayed until she reaches puberty, said one marriage official, Ahmad al-Muabi. In Saudi Arabia a 58-year-old man married an 8-year-old girl. In a case filed by her mother, the girl was not granted a divorce, as divorce can be granted only after the girl reaches puberty (Hindustan Times, 2008c). In Riyadh, it has been reported that the law allows for marriages of 10-year-old girls.
A death row inmate, Muhammad Ali al-Zahrani arranged for the marriage of his 15-year-old daughter to a prison cellmate, who also had been sentenced to death by beheading. The wedding took place in prison in the presence of prison officials. After the wedding, the groom, Awad al-Harbi, and his teenage bride were permitted to spend two nights together in special prison quarters. The couple’s wedding pictures appeared in several newspapers, and the media reported on the ceremony. Al-Harbi later told the newspaper, Al-Madina, that his wife was pregnant. (Hindustan Times, 2009a).
Ethiopia
Underage marriage is typically illegal worldwide, but in rural areas such as Ethiopia it is difficult to maintain an awareness of these illegal, but cultural, events. “Child marriages are prevalent in rural regions; Amhara, where Yinsa is located, has the highest rate in Ethiopia. About 40 percent of the girls are married by 15 or younger” (Wilson, 2007). The cultural belief in Ethiopia is that “early marriage ensures that a girl hasn’t had sex before marriage with a boy or man who does not meet the family’s approval. Once a girl loses her virginity, it is virtually impossible to find a man who will marry her” (Wilson, 2007). A woman who is sexually active before marriage is seen as unclean and unwanted. Though the reason given for underage marriages may seem harmless and relevant to the Ethiopian cultural belief of sexual purity, early marriage undercuts a young woman’s possibilities in life. It introduces her early on to heavy workloads in the fields and at home, and to bearing children at an age when complications are more likely. “Girls who marry early are more likely to be abused and, these days, to be infected with HIV” (Wilson, 2007). Overworked children, women who are abused, and those who are infected with HIV all tend to be at a higher risk to die earlier than the average person.
United States
A prime example of religion used to inflict abuse was an incident that raised awareness about early forced marriage and the sexual abuse of young girls in the United States. In a high-profile case, authorities rescued numerous children from a polygamist sect of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS). The FLDS, a separatist body of the Mormon religion, was founded in 1935 when the practice of polygamy among members ended; yet members of the FLDS still practice plural marriages. In April 2008, Child Protective Services removed 52 girls, ages 6 months to 17 years, from a secretive religious retreat built by polygamist members. The investigation resulted from a complaint by a 16-year-old girl in which she reported physical abuse and forced marriage to a 50-year-old man. Although the Mormon Church renounced polygamy in 1890, it has continued to be practiced in secret. Charges filed against the leader of this sect included four counts of incest, sexual conduct with a minor, and serving as an accomplice in the rape of minor teenage girls by older men. Parents neglected more than 250 other children by failing to protect them from becoming future victims (Quest.Live. com/News4/5/2008). Warren Jeffs, one-time leader and self-proclaimed prophet of the group that created its own branch of religion from the mainstream FLDS, explained, “The church currently practices ‘The Law of Placement’ under which all marriages are assigned by the prophet of the church.” Jeffs claimed to receive revelations from God “to put a woman with a particular man.” However, these girls weren’t yet women at all. Jeffs has been known to perform weddings in which girls as young as 14 were married to much older men. Because polygamy is illegal in the United States, marriages with underage persons are identified as sexual assault. To get around the requirement to register multiple marriages with the state and to therefore keep the plural marriage practice legal, “Typically, the husband will have only his first marriage registered with the state. Subsequent wives receive only a religious marriage that is not registered.” Because consent cannot be given by underage girls, forced marriages are not legal, even for the religious purposes of ‘multiplying and replenishing.’ (op.cit.)
Sati pratha
Historically practiced, sati, also known as “widow burning,” is the Hindu tradition whereby a widow immolates herself on her husband’s funeral pyre. Women were expected to sit on the burning funeral pyre of their dead husband during cremation ceremonies. The meaning of the word sati is “virtuous women.” As remarriages were not common in Hindu society (in fact, they were implicitly forbidden), some women preferred dying to remaining widowed. Some women who were deeply in love with their husbands also considered killing themselves at the time of their husband’s death as a way to symbolize their love. A large number of women committed sati in a group in the aftermath of the Johar war in Rajasthan. These women died to protect their honor and to keep from being raped by the invading enemies after their men had perished on the battlefield (kamat.com, 2008). Sati is now rarely if ever practiced. If sati pratha should occur, it is attributed to the pressure of the dead husband’s relatives. One case reported in 1987 in Rajasthan involved a well-educated young woman, 18-year-old Roop Kanwar. She was witnessed to have voluntarily, without “cries or shrieks,” died on her husband’s pyre, although they had only been married eight months (christianaggression.org, 2008). Another case was reported as recently as 2005 (NCRB, 2007a), and the latest was reported in 2006. Although practiced as early as the fourth century B.C., sati pratha was condemned by the British and declared illegal in 1829. The movement against sati pratha was headed by Raja Ram Mohan Rai and led to the ban on this tradition by the Commission of Sati (Prevention) Act in 1987 (inanswers.yahoo.com, 2008).
Honor killing
The concept of honor and dignity are closely tied to the reputation of a man and his family. The victims of honor killing are, by and large, female. This is a murder sanctioned by social and cultural norms. It most often occurs when a woman of a particular community or religion marries a person of a different community or religion. The couple generally elopes to avoid the terror of nonconsenting parents, relatives, or the village folk of their community. When these couples are caught, they are usually brutally beaten or killed to prevent disgrace to the honor of their families. Many times these couples are unlawfully confined to keep them from meeting with each other. After the young woman is apprehended, she is often forced to marry a person from her own community. If she does not agree, she is assaulted and may be killed. Caste factors also play a large role. When people of the same castes are members of the police force, the investigating officer is of a different mindset to deal with such crimes. Numerous examples of honor killing can be found in many countries, including India, Pakistan, and Indonesia. In one incident, a 17-year-old girl who was forbidden to marry the boy of her choice eloped in another country. When the couple returned to their village, the girl’s father, Nirmal Singh, would not accept the affair. In a fit of rage, he shot his daughter in the name of honor killing (Hindustan Times, 2009b). In a different incident, two girls were late returning home, and when they did return they were escorted by two boys. The family was outraged to the extent that the girls were beaten with sticks and ax handles. Realizing that the girls were near death, the family cremated them as the whole village watched. Although this incident occurred on October 28, 2008, no case was registered until November 11, 2008, as no one had complained to the police (Hindustan Times, 2008d). Similarly, two other girls were fatally shot by a male cousin in the city of Noida for attempting to meet their boyfriends. The cousin who killed the girls had become enraged when he discovered their plan (Hindustan Times, 2008e).
Siri
The concept of one’s honor and dignity and that of the family’s reputation is known as ripakasiri, commonly referred to as s iri in Indonesia. If someone causes the loss of siri (loss of honor or dignity), the victim is considered useless or worthless if he does not redeem his siri against the person responsible. According to customary law (adat), that person and his family are obliged to restore their siri through execution by violent means. Usually the person does this by killing the opponent. This type of crime is prevalent among the Buginese-Makassarese society in Sulawesi, Indonesia. Ripakasiri is a socially accepted form of revenge for the elopement of a girl with a boy, rape, sexual harassment, or homicide. In the Mandarese community, touching the head of another person may amount to one’s loss of siri and may result in criminal violence against the offender (Mustofa, 2008).
Blind Superstition, Rampant Illiteracy
Tantriks and witchcraft
In Asia, a tantrik is a man who is usually associated with black magic and practices of the occult. These men are known for their superstitious rituals. Tantriks are often called on to free a person who is “possessed.” They are similar to “exorcists” in the Western culture. According to Aderinto and Akinwale (2008), anthropologists have discovered many different traditions involving three entities thought to be used in controlling the world: religion (the supernatural), magic (the unnatural), and science (the natural). When these entities become commingled, their complete separation seems impossible. Many incurable diseases are thought to be the result of a number of false beliefs, including the existence of ghosts and bad souls. Certain cultures believe that the root cause of every bad event is a ghost. Although tantriks and witches claim to cure the evil effects of ghosts, they often inflict severe physical damage or death in the process. Furthermore, they give false hope of bringing the dead back to life (Dainik Jagran, 2009) (Fig. 40-2).
Gorea (2008) reported a case in which a woman died as a result of gastroenteritis and was declared dead. Relatives were not satisfied regarding the cause of death, since the doctor was young and looked inexperienced. They took the body to a private doctor who was not a qualified professional but a nonregistered practitioner. This practitioner said that the decedent was not dead but rather was in a spiritual coma. He advised them to take her to a tantrik, who gave them a bottle of water and advised them to give her a teaspoonful of this water every 12 hours and she would recover. Placing the body in a well-ventilated room with heaters around it, relatives followed the instructions. With the disappearance of rigor mortis, some water went inside the decedent’s mouth and the relatives thought the water was showing good effects. Because of the excessive heat and good ventilation, the body mummified and features were well preserved. People in the area learned of this event and came to see the mummified body, considering it a miracle. They began offering prayers, money, and other articles to the family. This continued for two years until there was a dispute among the family members over sharing the decedent’s money. At that point, a member of the family complained to the police and the incident came to light. Only at the time of the postmortem examination was it explained to the relatives that the decedent’s body had been mummified and that the event was not a miracle. This is one more example of how tantriks manipulate the emotions of the people who believe in them.
Witchcraft is illegal in Saudi Arabia. Fawza Falih, an illiterate woman, was detained by Saudi religious police in 2006 and allegedly beaten and forced to fingerprint a confession that she could not read. The woman was tried for the undefined crime of witchcraft and was found guilty and sentenced to death. Beheading is the customary method of execution. Her conviction was based on the written statements of witnesses who said that she had bewitched them. Her accuser was a man who alleged she made him impotent. The United States–based Human Rights Watch group described the trial and conviction as a miscarriage of justice, stating that Falih had exhausted all chances of appealing against her death sentence and could only be saved if King Abdullah intervened. The Saudi ruler, King Abdulla, has been asked to void Falih’s conviction and to bring charges against the religious police who detained her and are alleged to have mistreated her. Human Rights Watch said that the trial failed to meet the safeguards in the Saudi justice system. The confession that the defendant was forced to fingerprint was not even read out to her, the group said. Also, Falih and her representatives were not allowed to attend most of the hearings. When an appeals court decided she should not be executed, the law courts imposed the death sentence again, arguing that it would be in the public interest (BBC News, February 14, 2008). As of January 2009, Fawza Falih’s status and whereabouts are unknown.
Religious and Therapy-Related Death
Faith and medicine collide
Faith Healing
The term “faith healing” refers to the healing that occurs supernaturally—as the result of prayer rather than the use of medicine or involvement of physicians or other healthcare. Although some healings occur, the teachings of some churches, movements and individuals amount to spiritual abuse. Other legitimate churches do not consider use of drugs or proper medical attention with unbelief, insufficient faith or sin against God. (ReligionNewsBlog.com) (Item 20974, March 27, 2008)
The unacceptable cost of religious superstition is not limited to Asia and the Middle East. It is estimated that every month between one and five children die alone in the United States because of the religious superstitions of their parents or guardians. Concerned legislators are trying to change the laws that allow this assault on children and are calling for an end to the religious exemptions that promote this type of deadly superstition. Do healthcare professionals have a responsibility to protect children from this category of irreversible catastrophes brought on by superstition and religion? Who is responsible? Cases exemplifying the rationale for legislative changes include the death of Harrison Johnson in September of 1998. Harrison was stung by more than 430 yellow jackets. His parents, who believed in faith healing, prayed for him for seven hours before calling for medical help. Harrison died. His parents’ actions are legal in the state of Florida where this occurred and are also legal in 45 other states. The only states that do not permit lack of medical treatment for religious reasons are Hawaii, Maryland, Massachusetts, and South Dakota. Amy Hermanson from Sarasota, Florida, had diabetes and was visibly sick for a period of four weeks. Amy’s mother, a practitioner of faith healing, took Amy to visit a neighbor who encouraged her to take Amy to a doctor. She refused. Amy died a few days later. In a different incident, Ian Lundman from Minnesota also suffered from both diabetes and faith healing. Minnesota is one of the 46 states where it legal for religious beliefs to embrace faith healing. Caleb Tribble was only four months old when he became a casualty of religious ignorance in New Zealand (www.deism.com/harrison.htm).
In Weston, Wisconsin 11-year-old Madeline Kara Neumann died of diabetic ketoacidosis, a treatable though serious condition of type 1 diabetes. The parents didn’t take her to a doctor. They prayed for healing. The common course of medical treatment for the disease involves injections of insulin and intravenous fluids, said Omar Ali, assistant professor of pediatric endocrinology at the Medical College of Wisconsin in Wauwatosa. “A fatal outcome would be unusual these days in the United States,” Ali said. The death of the girl has raised profound moral and legal questions over when medicine should trump faith, especially when the life of a child is at stake. Parents told the Associated Press that the family does not belong to any organized religion or faith but believes in the Bible and said that healing comes from God. For religious reasons, the family would not take the child to the hospital. During an interview with detectives, the parents mentioned that they believed that with enough faith and prayer that God would heal her.
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