New Delhi: The Supreme Court on Thursday said its conscience was shaken on the fact that a woman, over allegations of witchcraft, was physically abused and disrobed in public, saying that when it comes to equality, much remains to be achieved, especially when it comes to women in rural areas.
A bench comprising justices CT Ravikumar and Justice Sanjay Karol said dignity goes to the very core of the existence of an individual in society and 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, which guarantees the security of all persons by ensuring that justice, liberty and equality are avouched for each and every person.
The bench said 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.
“When such rights of a woman are threatened, the danger is comparatively greater, for despite advancement by great leaps and bounds, when it comes to equality, much remains to be achieved, especially when it comes to women in rural areas”, said Justice Karol, who authored the judgment on behalf of the bench.
The bench noted that the FIR shows that the victim was subjected to grave accusations and also disrobed and assaulted in public, which undoubtedly is an affront to her dignity. “The reality that such acts are still a part of 21st century life is a fact that has shaken the conscience of this court”, said Justice Karol.
The bench said when it comes to offences that infringe upon the dignity of a person, the responsibility cast on both the investigating and the adjudicatory authorities, in our considered view, is greater than usual or what is generally cast upon them in other circumstances.
The bench said 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 bench said 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 in its responsibility to protect, within its people the respect for the rule of law and justice for all.
“Incidents such as the one before us, as also many others that come across our desks, keep us alive to the on-ground reality that however much has been done by way of legislative, executive and judicial action to protect vulnerable sections of the society, in this context women, from exploitation, its effect has not permeated to the grassroot level”, said the bench.
The bench noted that as per the NCRB data, 85 cases relating to witchcraft were reported in 2022, and, in preceding years, the numbers were 68, 88 and 102 respectively. “Although the numbers referred to above may seem insignificant, however, even 102 or 85, whatever the number may be, of reported inhumane, degrading incidents, each of them is a blot on the constitutional spirit”, said the bench.
The apex court’s judgment came on a plea challenging the Patna High Court's order staying the investigation in the case. The incident occurred in March 2020 in Champaran district in Bihar. 13 persons were accused of assaulting the grandmother of the complainant, accusing her of practising witchcraft. They also attacked another woman who intervened to rescue.
FIR was registered under various sections of IPC 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.
The apex court disposed of the matter issuing directions to the trial court to hold day-to-day trial and the accused were directed to appear on January 15, 2025.
“It stands clarified that comments made hereinabove reflect only the heinousness of the crimes committed and do not in any way cast a shadow of guilt over the accused persons. The Trial shall proceed keeping in view the aforesaid principles but uninfluenced by any observations made in this judgment”, said the bench.
