The SC's observation on witchcraft practices is a timely reminder that women still face humiliation under various pretexts
In a landmark observation, the Supreme Court of India recently described the victimisation of women under accusations of witchcraft as a ‘blot on the constitutional spirit.’ The case before the apex court, involving egregious acts of abuse and violence against women in Bihar's Champaran district, has brought the spotlight on the persistent issue of witch-hunting in the country. The court's remarks emphasise the urgent need to eradicate such practices that undermine the dignity, equality and human rights enshrined in the Constitution of India. The bench, comprising Justices CT Ravikumar and Sanjay Karol, was dealing with a petition concerning a disturbing incident that occurred in early 2020. Women were publicly assaulted, disrobed, and accused of witchcraft. One of the accused individuals, Lakhpati Devi, along with others, faced charges for these heinous acts. Reportedly there was police apathy towards the victim.The apex court expressed its shock and dismay at the brutality of the acts and the apparent indifference of the legal machinery.
Such incidents, the court observed, are a direct affront to the dignity and rights of women, particularly in rural areas where equality remains a distant goal. The court highlighted the role of superstition, patriarchy, and social control in perpetuating witch-hunting practices. It called for the eradication of these regressive beliefs, which often target vulnerable women such as widows and the elderly. Indeed, such practices stand in stark opposition to the scientific temper mandated by the Constitution. Unfortunately these are not isolated cases but are rampant in rural India. The Constitution of India guarantees justice, liberty, equality and dignity for all citizens. Practices like witch-hunting undermine these principles and perpetuate a culture of discrimination and violence against women. What is more shocking is the apathy of the government in such cases who are equal partners in crime. The court reiterated that the responsibility of investigating and adjudicating authorities is heightened in cases involving violations of human dignity. The Supreme Court also criticised the state for not challenging the High Court’s non-speaking order, which granted a stay on the proceedings. The bench’s observations underscore the need for a multi-pronged approach to address witch-hunting. This includes strengthening laws to explicitly criminalise witch-hunting and ensuring stringent punishment for perpetrators. Besides, promoting scientific temper and educating communities about the illegality and immorality of witch-hunting. But most important is establishing support mechanisms for survivors, including legal aid, rehabilitation, and psychological counseling. The government machinery also need to be sensitised in dealing with such cases.The Supreme Court’s remarks serve as a clarion call to address the deep-seated issues of superstition and patriarchy that enable witch-hunting. The victimisation of women under such baseless allegations is not merely a social evil but a constitutional failure.