Despite the Constitution having been in effect for over 75 years, the humiliating practice of witch hunting persists in the country. This practice targets vulnerable women due to prejudice, suspicion, superstition, and irrational fear. The Supreme Court expressed regret over this matter while simultaneously upholding life imprisonment for two individuals who killed a woman in the tribal village of Odisha in February 1998.
Judges Prashant Kumar Mishra and N. V. Andjaria noted that aspects of this case caused alarm within the court. The woman, who was labeled a sorcerer, was subjected to a brutal attack in front of her daughter. The bench questioned: 'What impact should this have had on the deceased's daughter, who was supposed to witness the murder of her mother in the cruelest way?'
Judge Mishra, who authored the decision, stated that the disease of witch-hunting continues to afflict parts of society where prejudice, superstition, and irrational fear prevail over the rule of law and constitutional morality. He emphasized that the cruelty associated with this phenomenon extends far beyond the act of murder; victims, predominantly women, are subjected to torture, beatings, sexual violence, and social isolation. In such circumstances, superstitious beliefs or fears take precedence, leading vulnerable women to become victims of collective hostility.
In February 1998, Manobodh Nayak's daughter died in a remote tribal village in the Sundargarh district. Family members claimed that the death occurred due to witchcraft allegedly practiced by Punni Nayak. Uday Aram brought Punni Nayak to the Nayak home and, along with an accomplice, mercilessly beat her with sticks, leading to her death. The trial court convicted this pair in 2002, but the Orissa High Court spent two decades confirming the sentence and imposing life imprisonment.
Judges Mishra and Andjaria observed that sometimes in the most difficult situations, it is easiest to accuse a woman of actions she did not commit, reflecting a deeply ingrained social prejudice that often seeks scapegoats instead of finding solutions. In such cases, 'reasonableness' must prevail, as reason is the only virtue that serves as a bastion against collective irrationality.
The Supreme Court reminded that the Constitution guarantees equality, promotes fraternity, and calls upon citizens to adopt a scientific temperament to eliminate humiliating practices against women. Nevertheless, the Court noted that practices such as witch-hunting continue to exist in certain segments of society. It concluded that a constitutional democracy, like their own, cannot survive if such degrading practices continue to evade the principles of the rule of law and constitutional morality.
