'Blot on constitutional spirit:' Supreme Court on disrobing of women over witchcraft allegations

New Delhi: The Supreme Court on Thursday said its conscience was shaken on the fact that a woman was physically abused and disrobed in public over allegations of witchcraft, saying when it comes to equality, much remains to be achieved, especially to women in rural areas.

A bench of Justices C T 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,” the bench noted.

On a plea against the Patna High Court's order staying the criminal proceedings, the bench said this court is aghast as to how the High Court, in its wisdom, saw it fit to grant a stay against proceedings against the accused persons, in such a callous and unreasoned manner.

"A court granting a stay of proceedings is not to grant a stay in a mechanical manner. The sum total of circumstances both for and against need to be examined to check as to whether a prima facie case for stay is made out or not, or in other words, whether the non-grant of stay is to somehow prejudice the party, etc," the bench said.

The bench noted that the FIR showed 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,” the bench said.

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,” the bench said.

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,” the bench said.

The court disposed of the matter after being informed that the plea before the High Court was withdrawn on November 22, 2024.

The incident occurred in March 2020 in Champaran district in Bihar. As many as 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.

The 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 only against one person but the magistrate took cognisance against all the accused. The sessions court upheld the order but the High Court stayed the proceedings in a quashing petition filed by the accused.

The bench ordered the trial court to hold day-to-day proceeding and directed the accused to appear on January 15, 2025.