NEW DELHI – On December 19, 2024, the Supreme Court of India condemned the victimization of women under witchcraft allegations, describing such practices as a stain on the constitutional values of the nation.
The court criticized an earlier decision by a lower court to stay proceedings against a man accused of publicly disrobing and abusing a woman on baseless claims of witchcraft. This ruling represents a significant step in protecting vulnerable individuals, particularly women and the elderly, from such harmful accusations.
The case stems from a shocking incident in March 2020 in the Champaran district of Bihar that borders Nepal, where an elderly woman was accused of practicing witchcraft by 13 individuals. These accusers claimed she was a witch, forcibly tore her sari, and paraded her naked through the streets. When another woman attempted to intervene and rescue the elderly victim, she too was attacked.
Following the incident, police filed charges, which a magistrate acknowledged. However, the proceedings were halted after the accused successfully petitioned the Patna High Court for a stay.
India’s Supreme Court has now overturned that stay.
Insignia adopted by the Supreme Court of India, since 2024.
Justices C.T. Ravikumar and Sanjay Karol, presiding over the case, expressed grave concerns about the erosion of human dignity and rights, emphasizing that witchcraft allegations are rooted in superstition and patriarchal norms. “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”, they said.
These practices disproportionately target vulnerable women, such as widows and the elderly, subjecting them to inhumane treatment. The justices declared, “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 by the state, goes against the spirit of the Constitution, which guarantees justice, liberty, and equality for all.”
They further underscored the connection between dignity and human rights, noting that any compromise on an individual’s dignity jeopardizes their inherent rights as guaranteed by national and international laws. “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 bench remarked.
The court stressed the heightened responsibility of both investigative and judicial authorities in cases involving the infringement of personal dignity. “When such rights of a woman are threatened, the danger is comparatively greater. Despite advancements in equality, much remains to be achieved, particularly for women in rural areas,” the bench observed. They expressed surprise and disappointment at the state’s failure to challenge the Patna High Court’s “non-speaking order” granting a stay to the accused.
The Supreme Court criticized the Patna High Court’s decision, labeling it callous and unreasoned, and emphasized the need for greater accountability in addressing such cases. “A court granting a stay of proceedings must not act mechanically. All circumstances, both for and against, must be examined to determine whether a prima facie case for a stay exists, or whether the absence of a stay would unduly prejudice the party,” the justices stated.
The justices also highlighted alarming statistics from the National Crime Records Bureau (NCRB), which reported 85 cases related to witchcraft in 2022. The preceding years saw 68, 88, and 102 cases, respectively. “Although the numbers may appear insignificant, even one incident of inhumane, degrading treatment is a blot on the constitutional spirit,” the court declared.
The ruling reflects the Supreme Court’s commitment to justice and the protection of fundamental rights. The Patna case will now continue and thus address the broader issue of safeguarding individuals, especially women, from the enduring plague of witchcraft allegations.
The trial is set to resume on January 15, 2025.
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