Witchcraft Allegations Are Deeply Rooted in Patriarchal Prejudices; Need to Protect Women's Dignity Is Paramount: Supreme Court Directs Day-to-Day Trial

Supreme Court of India set aside the stay order granted by the Patna High Court in a case involving accusations of witchcraft, public humiliation, and assault on women. The Court directed that the trial be conducted on a day-to-day basis starting January 15, 2025, ensuring timely justice for the victims. The judgment emphasized that such heinous crimes violate the fundamental right to dignity guaranteed under Article 21 of the Constitution.

"Dignity Is the Core of the Constitution; Stay Orders in Heinous Crimes Must Be Carefully Granted"

The Court observed that dignity is a fundamental constitutional value and that actions undermining an individual's dignity contravene the spirit of justice, liberty, and equality enshrined in the Constitution. It criticized the High Court for mechanically granting a stay of proceedings without evaluating the seriousness of the allegations or the prima facie evidence.

Supreme Court of India, comprising Justices C.T. Ravikumar and Sanjay Karol, delivered a significant judgment addressing the procedural and substantive aspects of criminal trials involving grave violations of women’s dignity. The case, Rajeev Kumar Upadhyay v. Srikant Upadhyay & Ors., stemmed from allegations of witchcraft, public humiliation, and physical assault inflicted on two women in East Champaran, Bihar.

The Supreme Court criticized the State's inaction in challenging a stay order granted by the High Court in favor of the accused and emphasized the duty of the judiciary to ensure justice for victims of gender-based violence. The Court directed the trial to proceed on a day-to-day basis to prevent further delays in a case involving egregious violations of women’s dignity.

The case arose from an incident on March 4, 2020, in a village in East Champaran, Bihar. An FIR (No. 79/2020) was registered under various provisions of the Indian Penal Code (IPC), including Sections 341 (wrongful restraint), 323 (causing hurt), 354 (assault on a woman with intent to outrage her modesty), 354B (assault with intent to disrobe), 379 (theft), 504 (intentional insult), and 506 (criminal intimidation), as well as Sections 3 and 4 of the Witch (Daain) Practices Act.
The FIR alleged that 13 individuals accused a woman of witchcraft, assaulted her, forced her to ingest human excreta, and attempted to parade her semi-naked in the village. Another woman was also disrobed during the incident, and her gold necklace was stolen.
Despite the gravity of the allegations, the police chargesheet named only one accused, Lakhpati Devi, ignoring material evidence implicating the others. The Magistrate, upon review, took cognizance of the case against all accused. This cognizance was challenged before the Sessions Court, which upheld the Magistrate’s order. Subsequently, the accused filed a petition before the Patna High Court under Section 482 CrPC, seeking a stay of proceedings, which was granted through a nonspeaking order on July 4, 2024.
Aggrieved by the stay order, the complainant approached the Supreme Court.

Legal Issues
1.    Whether the High Court erred in granting a stay of proceedings in a case involving grave violations of women's dignity?
2.    What is the judiciary's role in ensuring sensitive and timely adjudication in cases of gender-based violence?
3.    How should allegations of witchcraft, rooted in patriarchal and superstitious practices, be addressed under constitutional and international law?

Violation of Dignity Under Article 21
The Supreme Court underscored that dignity is a non-negotiable aspect of the right to life under Article 21 of the Constitution. Citing K.S. Puttaswamy (Privacy-9J.) v. Union of India (2017) and Francis Coralie Mullin v. UT of Delhi (1981), the Court emphasized that dignity encompasses the right to live free from humiliation and abuse.
The Court observed:
“The right to live with dignity is the fundamental right of every Indian citizen. Incidents like this undermine not just individual dignity but the collective conscience of society.”

Patriarchal Roots of Witchcraft Allegations
The Court highlighted that accusations of witchcraft are often weaponized to target marginalized women, including widows, elderly women, and those defying social norms. Such allegations, deeply rooted in patriarchal and superstitious practices, lead to extreme physical and psychological harm.
Referring to international instruments like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and resolutions of the United Nations Human Rights Council, the Court noted that India is obligated to combat practices like witchcraft accusations, which disproportionately target women.

Criticism of State Inaction
The Court criticized the State of Bihar for failing to challenge the High Court's stay order, stating:
“The State’s decision to litigate should reflect its responsibility to protect the rule of law and justice for victims, especially in cases of heinous crimes.”
The Court observed that the police chargesheet against only one accused, despite clear allegations against others, raised serious concerns about the fairness of the investigation.

Judiciary’s Role in Gender-Based Violence Cases
The Court emphasized that cases involving violations of women's dignity require heightened sensitivity and expediency. It stated:
“The machinery of justice cannot come to a halt in such a callous and unreasoned manner. A stay of proceedings, particularly in cases of heinous crimes, must not be granted mechanically.”
The Court further noted that judicial delays exacerbate the trauma faced by victims and undermine public faith in the justice system.

The Supreme Court allowed the appeal, setting aside the High Court’s stay order and directing the trial to proceed expeditiously. Key directions included:
1.    The trial shall proceed on a day-to-day basis starting January 15, 2025.
2.    The accused persons are directed to appear before the Trial Court on the specified date.
3.    Observations made in this judgment shall not influence the trial's outcome.
The Court also reaffirmed the need for judicial sensitivity and proactive State action in cases involving gender-based violence.

This landmark judgment underscores the constitutional mandate to protect the dignity of all individuals, particularly women, against patriarchal and superstitious practices like witchcraft accusations. By directing a speedy trial and condemning mechanical judicial stays, the Supreme Court has reinforced the judiciary's role as a custodian of human dignity and justice.

Date of Decision: December 19, 2024