The Supreme Court on Thursday said victimisation of women in the name of witchcraft was a blot on constitutional spirit and censured an order staying the proceedings against man accused of disrobing and abusing women in the name of witchcraft.
A bench of Justices CT Ravikumar and Sanjay Karol, which termed the case as based on disturbing facts, said if the dignity of a person was compromised, their human rights, by virtue of them being humans and guaranteed by various enactments, both national and international, were imperilled.
Referring to the NCRB data regarding witchcraft cases, the bench said each of them was a blot on the constitutional spirit.
“Witchcraft, of which one of the victims stands accused, is certainly one such practice which should be shunned. Such allegations have a long past often with tragic consequences for those subjected to them. Witchcraft is deeply intertwined with superstition, patriarchy and social control, leaving it to no manner of surprise that such allegations were most often directed against women who were either widows or elderly,” it said.
The bench also noted, “Dignity goes to the very core of the existence of an individual in society. Any action which undermines dignity either by an act of another person or that of the State is potentially going against the spirit of the Constitution of India, which guarantees the security of all persons by ensuring that justice, liberty and equality are avouched for each and every person.” The top court said when such rights of a woman were threatened, the danger was comparatively greater as much remained to be achieved on equality for women in rural areas.
The bench said though an FIR was registered against 13 persons in Champaran district of Bihar, the police filed a chargesheet against only Lakhpati Devi.
On July 16, 2022, the trial court took cognisance against Devi and others mentioned in the FIR.
The accused moved the Patna High Court seeking quashing of the case against them but on July 4 it directed stay of the proceedings against the accused in the trial court.
The complainant, aggrieved by the stay granted by the high court, moved the top court which on November 26 was informed that the petition seeking quashing of the cognisance order stood withdrawn as on November 22, 2024.
The top court said, “In ordinary circumstances, the petition could have been disposed of by requesting the trial court to proceed expeditiously with the trial of the accused persons, keeping in view that the offence was committed in the early part of 2020, and now we stand right at the door of 2025 however this case does not fall under ‘ordinary circumstances’.” It said the FIR showed the survivor was subjected to assault and abuse in public, which undoubtedly was an affront to her dignity besides noting “certain other acts” against her, which shook its conscience for such acts were happening in the 21st century.
“Not only was the victim accused of witchcraft, but she was abused physically and verbally as well. Another person who was present amidst all this disturbance was also disrobed, and her jewellery was snatched,” the bench said.
It said the top court was aghast as to how the high court stayed the proceedings qua the accused.
“Nonetheless, the machinery cannot be ground to a halt in such a callous and unreasoned manner. A court granting a stay of proceedings is not to grant a stay in a mechanical manner,” it added.
The bench observed when it came to offences that infringe upon the dignity of a person, the responsibility cast on both the investigating and the adjudicatory authorities was greater than usual or what was generally cast upon them in other circumstances.
“Given the vulgarity of what the two women had to endure, we may say nothing more but express our surprise as to why the state chose not to assail the non-speaking order of the high court granting stay in favour of the accused before this court,” said the bench.
Justice Karol, who authored the verdict, said such incidents made it aware about the ground reality that despite the initiatives of the legislative, executive and judicial action to protect vulnerable sections of the society — in this context women from exploitation — its effect hadn’t permeated to the grassroot level.
“Those many persons were targeted and possibly exploited and abused on the basis of superstitions, conjecture and entirely unfounded beliefs which go against the scientific temper that each and every citizen of India called upon to foster within oneself and also within their own communities,” it said, referring to the NCRB data.
The bench directed for the trial to proceed on a day-to-day basis and ordered the accused to appear before the trial court on January 15, 2025.