Disrobing of women a blot on constitutional spirit, says Supreme Court
The Supreme Court also castigated the Patna high court and the Bihar government for allowing the trial in the case to remain stayed
NEW DELHI: The Supreme Court on Thursday decried the disrobing and public humiliation of two women in Bihar on accusations of witchcraft, describing the incident as a “blot on the constitutional spirit” and a grave affront to human dignity.
A bench of justices CT Ravikumar and Sanjay Karol castigated the Patna high court and the Bihar government for allowing the trial in the case to remain stayed, emphasising the critical role of the judiciary and state in safeguarding basic human rights.
“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 that of the State is potentially going against the spirit of the Constitution of India, which guarantees the security of all persons by ensuring that justice, liberty and equality are avouched for each and every person.
In a strongly worded judgment, the bench underscored that violation of dignity strikes at the heart of Article 21 of the Constitution, which guarantees the right to live with dignity. The court referenced landmark rulings, including Kesavananda Bharati Vs State of Kerala (1973) and Francis Coralie Mullin Vs Union Territory of Delhi (1981), affirming that the right to dignity forms part of the Constitution’s basic structure and is integral to the right to life.
The case involved two women who were accused of witchcraft, disrobed in public, physically assaulted, and humiliated in March 2020 in Bihar’s Motihari district. Jewellery was also snatched from one of the victims. The court noted the deeply entrenched patriarchy and superstitions underlying such practices, highlighting the horrific nature of the crimes.
“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. Witchcraft is deeply intertwined with superstition, patriarchy and social control, leaving it to no manner of surprise that such allegations were most often directed against women who were either widows or elderly. A variety of reasons are accepted to be the reasons for casting such aspersions- caste-based discrimination, retaliation for defying social norms, etc,” said the bench.
Each such inhumane, degrading incident is a blot on the constitutional spirit, the court said, lamenting that the effect of such instances is overwhelmingly negative, leading to barbaric treatment, public humiliation, and sometimes even death.
The court criticised the Patna High Court for granting a stay in the case in July and the Bihar government for failing to challenge the decision.
“We are aghast as to how the high court, in its wisdom, saw it fit to grant a stay against proceedings qua the accused persons. The machinery cannot be ground to a halt in such a callous and unreasoned manner,” the court said.
The bench further underscored the heightened responsibility of the investigating agencies and courts in cases that infringe on personal dignity. “When it comes to offences that infringe upon the dignity of a person, the responsibility cast on both the investigating and the adjudicatory authorities is greater than usual. Both these authorities must show sensitivity to the issues involved, awareness of the social situations, and a consciousness for time being the essence of action.”
Expressing dismay at the state’s inaction, it added: “The State’s decision to litigate an issue should not depend on the benefit that may be derived… but also should reflect its responsibility to protect, within its people, the respect for the rule of law and justice for all.”
To ensure justice, the court directed that the trial against the accused be conducted on a day-to-day basis and clarified that comments on the heinousness of the crime do not pre-judge the guilt of the accused. The accused were directed to appear before the trial court on January 15, 2025.
The bench also noted that although the accused withdrew petitions that formed the basis of the stay order, “the peculiarity of the situation and the vulgarity of the actions alleged” warranted directions to expedite the trial.
The judgment concluded with a lament: “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.”