‘A stain on constitutional sentiment’, Supreme Court said on witchcraft case

‘A stain on constitutional sentiment’, Supreme Court said on witchcraft case


Supreme Court: The Supreme Court said on Thursday (19 December) that harassing women in the name of witchcraft is a stain on the constitutional spirit. The Supreme Court condemned the order staying proceedings against a man accused of stripping and harassing women in the name of witchcraft. 

A bench of Justice CT Ravikumar and Justice Sanjay Karol. described the case as based on disturbing facts. The bench said that if the dignity of a person is compromised, his human rights are at risk, which he enjoys by virtue of being a human being and is guaranteed under various national and international acts. >

‘A stain on the constitutional spirit’ 

Referring to the National Crime Records Bureau (NCRB) data in cases related to witchcraft, the bench said that each case on constitutional sentiment There was a stain. He said, "Witchcraft, which one of the victims has been accused of, is definitely a practice that should be stayed away from. Such allegations have a long history and often lead to tragic consequences for those accused." 

The bench said, ‘Witchcraft is deeply associated with superstition, patriarchy and social control. Therefore, it is not surprising that such allegations were often made against women who were either widows or elderly.’ 

Know what is the whole matter

In March 2020, in Champaran district of Bihar, 13 people attacked an old woman accusing her of witchcraft. During this time, the accused tore the witch’s saree while saying that they would strip her naked and parade her around. The accused also attacked another woman who came to intervene. The police had filed a charge sheet, of which the magistrate had taken cognizance. However, rejecting the petition filed by the accused, the High Court stayed the proceedings

Patna HC had put the stay

The bench said that Champaran in Bihar An FIR was lodged against 13 people in the district, but the police filed a charge sheet only against Lakhpati Devi. The trial court took cognizance against Lakhpati and others named in the FIR on July 16, 2022. The accused had approached the Patna High Court with a request to quash the case filed against them. On July 4, the High Court had directed to stay the proceedings against the accused in the lower court. 

‘It is an insult to the dignity of the victim’

< p>Aggrieved by the stay order passed by the High Court, the complainant approached the apex court, which was informed on November 26 that the petition seeking quashing of the cognizance order had been withdrawn on November 22. The SC said that the FIR states that the victim was publicly assaulted and abused, which was undoubtedly an insult to her dignity. He also took cognizance of ‘certain other acts’ against the victim, which shocked his conscience as such acts were taking place in the 21st century.



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