Supreme Court Condemns Victimisation Of Women Under Witchcraft Allegations: A Blot On Constitutional Spirit

Thank you for reading this post, don't forget to subscribe!

The Supreme Court reprimanded the Patna High Court for staying proceedings in a case involving the abuse of women accused of witchcraft, highlighting the issue as a violation of constitutional values. The court condemned the practice of witchcraft as rooted in superstition and patriarchal control, urging for protective measures and societal change to combat such discrimination against vulnerable women.

New Delhi: The Supreme Court on Thursday took a strong stance against the victimisation of women under the guise of witchcraft, calling it a “blot on the constitutional spirit.” The bench of Justices C T Ravikumar and Sanjay Karol censured the Patna High Court’s decision to stay proceedings against a man accused of disrobing and abusing women under allegations of witchcraft.

Referring to NCRB data on witchcraft-related cases, the bench noted,

“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.”

The court emphasized that witchcraft is deeply tied to superstition, patriarchy, and social control, disproportionately targeting women, particularly widows and the elderly.

The bench remarked,

“Dignity goes to the very core of the existence of an individual in society. Any action which undermines dignity…is potentially going against the spirit of the Constitution of India.”

It added that such cases are more dangerous for women in rural areas, where equality remains a distant goal.

The case stems from an incident in Champaran district, Bihar, where an FIR was filed against 13 individuals. The police, however, filed charges against only one, Lakhpati Devi. On July 16, 2022, a trial court took cognisance of the charges. The accused moved the Patna High Court, which on July 4, 2024, stayed the proceedings.

The complainant, aggrieved by the stay, approached the Supreme Court. The apex court criticized the high court’s “mechanical manner” of granting the stay, stating,

“The machinery cannot be ground to a halt in such a callous and unreasoned manner.”

The Supreme Court noted the survivor was subjected to physical and verbal abuse in public.

“Not only was the victim accused of witchcraft, but she was abused physically and verbally as well. Another person present amidst this disturbance was disrobed, and her jewellery was snatched,”

the bench observed.

The court said the incident, which took place in the 21st century, was shocking and underlined the failure of legislative, executive, and judicial measures to protect vulnerable sections of society.

Directing the trial to proceed on a day-to-day basis, the bench ordered the accused to appear before the trial court on January 15, 2025. Justice Karol, in his authored verdict, remarked,

“Such incidents remind us of the ground reality—that the effect of legislative and judicial actions has not yet reached the grassroots.”

The court concluded by emphasizing the importance of fostering a scientific temper and eradicating unfounded beliefs like witchcraft, which continue to exploit and victimize women.