Supreme Court upholds life term, laments persistence of witch-hunting against women

The Supreme Court of India has expressed deep concern that the practice of witch-hunting, which targets defenceless women due to prejudice, suspicion, superstition, and irrational fear, continues to exist in the country even after more than 75 years of the Constitution coming into force. The observation came while the Court upheld the life sentences of two men convicted for the murder of a woman in a tribal village in Odisha in February 1998.

A bench of Justices Prashant Kumar Mishra and N V Anjaria said the case had a disturbing impact on the Court, as a defenceless woman was branded a practitioner of witchcraft and brutally assaulted in front of her daughter. The bench wondered what effect the incident must have had on the daughter who witnessed her mother being killed in such a brutal manner.

Writing the judgment, Justice Mishra said the malady of witch-hunting continues to plague sections of society, where prejudice, superstition, and irrational fear supersede the rule of law and constitutional morality. He noted that the brutality associated with witch-hunting extends far beyond the act of killing. Victims, mostly women, are subjected to torture, beatings, sexual violence, and social ostracisation. In such situations, superstitious beliefs or fears are given precedence, making vulnerable women victims of collective hostility.

The case dates back to February 1998, when a man named Manobodha Naik lost his daughter. His family members alleged that the death was caused by the witchcraft practices of a woman named Puni Naik. Acting on this accusation, Udai Oram dragged Puni Naik to Naik's house and, along with an associate, mercilessly assaulted her with sticks, leading to her death.

The trial court convicted the two accused in 2002, but the Orissa High Court took two decades to uphold the conviction and the life sentence. The Supreme Court, in its recent judgment, affirmed the sentence.

The Justices observed that in difficult situations, it often becomes an easy escape to blame a woman for acts she did not commit. This reflects a deeply rooted social prejudice that seeks scapegoats rather than solutions. They emphasised that reason must be given ascendancy, as it stands as a bulwark against collective irrationality.

The Supreme Court said the Constitution guarantees equality, promotes fraternity, and envisages citizens adopting a scientific temperament to rid society of derogatory practices against women. Despite this, practices such as witch-hunting continue to persist within a few sections of our society. The Court warned that a constitutional democracy such as ours cannot survive if such derogatory practices continue to elude the principles of the rule of law and constitutional morality.

This judgment serves as a reminder that despite constitutional safeguards, deeply entrenched social evils remain. It underscores the need for continued efforts to spread education, awareness, and scientific thinking, especially in rural and tribal areas, to protect the most vulnerable members of society.