“Witchcraft is actually one such apply which ought to be shunned,” the bench mentioned. (File)
New Delhi:
The Supreme Courtroom on Thursday mentioned victimisation of girls within the identify of witchcraft was a blot on constitutional spirit and censured an order staying the proceedings towards man accused of disrobing and abusing girls within the identify of witchcraft.
A bench of Justices CT Ravikumar and Sanjay Karol, which termed the case as based mostly on disturbing information, mentioned if the dignity of an individual was compromised, their human rights, by advantage of them being people and assured by numerous enactments, each nationwide and worldwide, had been imperilled.
Referring to the NCRB information concerning witchcraft circumstances, the bench mentioned every of them was a blot on the constitutional spirit.
“Witchcraft, of which one of many victims stands accused, is actually one such apply which ought to be shunned. Such allegations have a gone usually with tragic penalties for these subjected to them. Witchcraft is deeply intertwined with superstition, patriarchy and social management, leaving it to no method of shock that such allegations had been most frequently directed towards girls who had been both widows or aged,” it mentioned.
The bench additionally famous, “Dignity goes to the very core of the existence of a person in society. Any motion which undermines dignity both by an act of one other individual or that of the State is doubtlessly going towards the spirit of the Structure of India, which ensures the safety of all individuals by making certain that justice, liberty and equality are avouched for every individual.” The highest court docket mentioned when such rights of a lady had been threatened, the hazard was comparatively larger as a lot remained to be achieved on equality for girls in rural areas.
The bench mentioned although an FIR was registered towards 13 individuals in Champaran district of Bihar, the police filed a chargesheet towards solely Lakhpati Devi.
On July 16, 2022, the trial court docket took cognisance towards Devi and others talked about within the FIR.
The accused moved the Patna Excessive Courtroom in search of quashing of the case towards them however on July 4 it directed keep of the proceedings towards the accused within the trial court docket.
The complainant, aggrieved by the keep granted by the excessive court docket, moved the highest court docket which on November 26 was knowledgeable that the petition in search of quashing of the cognisance order stood withdrawn as on November 22, 2024.
The highest court docket mentioned, “In odd circumstances, the petition might have been disposed of by requesting the trial court docket to proceed expeditiously with the trial of the accused individuals, preserving in view that the offence was dedicated within the early a part of 2020, and now we stand proper on the door of 2025 nonetheless this case doesn’t fall below ‘odd circumstances’.” It mentioned the FIR confirmed the survivor was subjected to assault and abuse in public, which undoubtedly was an affront to her dignity moreover noting “sure different acts” towards her, which shook its conscience for such acts had been taking place within the twenty first century.
“Not solely was the sufferer accused of witchcraft, however she was abused bodily and verbally as nicely. One other one who was current amidst all this disturbance was additionally disrobed, and her jewelry was snatched,” the bench mentioned.
It mentioned the highest court docket was aghast as to how the excessive court docket stayed the proceedings qua the accused.
“Nonetheless, the equipment can’t be floor to a halt in such a callous and unreasoned method. A court docket granting a keep of proceedings is to not grant a keep in a mechanical method,” it added.
The bench noticed when it got here to offences that infringe upon the dignity of an individual, the accountability forged on each the investigating and the adjudicatory authorities was larger than normal or what was typically forged upon them in different circumstances.
“Given the vulgarity of what the 2 girls needed to endure, we could say nothing extra however specific our shock as to why the state selected to not assail the non-speaking order of the excessive court docket granting keep in favour of the accused earlier than this court docket,” mentioned the bench.
Justice Karol, who authored the decision, mentioned such incidents made it conscious in regards to the floor actuality that regardless of the initiatives of the legislative, govt and judicial motion to guard weak sections of the society — on this context girls from exploitation — its impact hadn’t permeated to the grassroot stage.
“These many individuals had been focused and probably exploited and abused on the idea of superstitions, conjecture and fully unfounded beliefs which go towards the scientific mood that every citizen of India known as upon to foster inside oneself and in addition inside their very own communities,” it mentioned, referring to the NCRB information.
The bench directed for the trial to proceed on a day-to-day foundation and ordered the accused to look earlier than the trial court docket on January 15, 2025.
(Apart from the headline, this story has not been edited by NDTV workers and is revealed from a syndicated feed.)