'Blot On Constitutional Spirit' : Supreme Court Aghast At Attack & Disrobing Of Woman Over Witchcraft Allegations

The Supreme Court today expressed its shock at a case where a woman was physically abused and disrobed in public over allegations of witchcraft . "The reality that such acts are still a part of 21st century life is a fact that has shaken the conscience of this Court," the Court said.

A bench comprising Justice CT Ravikumar and Justice Sanjay Karol was hearing a petition challenging the Patna High Court's order staying the investigation in the case.

The incident occurred in March 2020 in Champaran district in Bihar, where 13 persons were accused of assaulting the grandmother of the complainant, accusing her of practising witchcraft. Saying that the 'witch' should be paraded naked, the accused persons tore away her saree. They also attacked another woman who intervened to rescue.

FIR was registered under Sections 341, 323, 354, 354B, 379, 504, 506, 149 of Indian Penal Code and Section 3&4 of the Witch (Daain) Act against 13 persons. The police filed chargesheet upon which the Magistrate took cognizance. However, the High Court stayed the proceedings in a quashing petition filed by the accused. 

At the outset itself, the Supreme Court expressed shock at the nature of the allegations. Justice Karol started the judgment by underscoring the importance of dignity.

"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. By extension, if the dignity of a person is compromised, their human rights, available to them by virtue of them being humans and guaranteed by various enactments, both national and international, are imperilled."

Although the quashing petition filed in the High Court was withdrawn making the stay order inoperative, the Supreme Court decided to pursue the matter, given the seriousness of the allegations.

State's apathy

The Court criticised the State for not challenging the stay order granted by the High Court. The police was not willing to even register the FIR and the complainant had to approach the Magistrate under Section 156(3) CrPC.

"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. The State's decision to litigate an issue should not depend on the benefit that may be derived either to the State exchequer or elsewhere but also should be reflected of its responsibility to protect, within its people the respect for the rule of law and justice for all," the Court said.

Efforts to protect women from exploitation haven't permeated to the grassroots

The Court lamented that the various measures taken by way of legislative, executive and judicial action to protect vulnerable sections of the society, in this context women, from exploitation, have not permeated to the grassroot level.

The judgment re-affirmed the importance of human dignity as an invaluable aspect of Indian Constitutional jurisprudence and reminded the State of its duty to take all action to protect the same.

Duty of citizens to promote harmony and a spirit of common brotherhood amongst all

The Court also highlighted that it was the fundamental duty of every citizen to promote harmony and a spirit of common brotherhood amongst all. Article 51A(e) of the Consitution was referred to in this context.

It noted that as per the NCRB data, 85 cases relating to witchcraft were reported in 2022. In preceding years, the numbers were 68, 88 and 102 respectively. The Court termed such cases "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. A variety of reasons are accepted to be the reasons for casting such aspersions- caste-based discrimination, retaliation for defying social norms, etc. The effect thereof is overwhelmingly negative, leading to barbaric treatment, public humiliation and sometimes even death," the Court observed.

Likewise, the Court expressed concerns at the number of cases reported for disrobing (Section 354B IPC). The Court also extensively cited the international treaties and declarations which denounce targeting of women over witchcraft allegations.

The Court disposed of the matter issuing directions to the Trial Court to hold day-to-day trial. The accused were directed to appear on January 15, 2025.

Case : Rajeev Kumar Upadhyay v. Srikant Upadhyay and others

Citation : 2024 LiveLaw (SC) 1019

Click here to read the judgment