Expressing deep concern over the persistence of witch-hunting in elements of Indian society, the Supreme Courtroom has noticed that superstition, prejudice and irrational concern proceed to supersede the rule of legislation and constitutional morality, leaving weak girls uncovered to brutal violence and social ostracisation.
The commentary got here whereas dismissing an enchantment filed by Balku Oram in opposition to his conviction and life sentence for the 1998 homicide of Puni Naik in Odisha. The Courtroom discovered that Oram and his co-accused had brutally assaulted Naik after she was accused of practising witchcraft, finally inflicting her demise.
“…the info of the current case have deeply disturbed the conscience of this Courtroom, whereby a defenseless girls was branded as a practitioner of witch-craft and what impact it will need to have had on the daughter of the deceased who needed to witness her mom being killed in probably the most brutal manner.”, noticed a bench of Justice Prashant Kumar Mishra and Justice N.V. Anjaria.
‘Superstition and irrational concern supersede rule of legislation’
The Courtroom lamented that the “illness of witch searching” continues to plague sections of society, the place prejudice, superstition and irrational concern can take priority over constitutional values and the rule of legislation.
“It’s true that the illness of witch searching nonetheless plagues sections of our society, the place prejudice, superstition and irrational concern supersedes the rule of legislation, constitutional morality. The brutality related to witch searching extends far past the act of killing; the place victims principally girls are subjected to torture, beatings, sexual violence and social ostracization. In such a state of affairs, superstitious beliefs or fears are given priority resulting in weak girls turning into victims of collective hostility.”, the Courtroom added.
The Courtroom famous that regardless of the Structure prohibiting such derogatory practices and selling scientific mood, such practices live on in nation, the place “generally in probably the most troublesome conditions, it usually turns into a straightforward escape responsible a girl for the acts she didn’t commit, thus reflecting a deeply rooted social prejudice that usually seeks scapegoats slightly than options.”
“In such conditions, what will be given an ascendency is ’cause’ for cause is the one advantage that stands as a bulwark in opposition to collective irrationality,” the Courtroom stated.
The Courtroom underlined that the Structure envisages a society based on equality, fraternity and scientific temperament. Practices that demean or hurt girls, it stated, don’t have any place in such a constitutional order.
Regardless of these constitutional beliefs, the Courtroom famous, practices akin to witch-hunting proceed in some sections of society.
“The Structure of India envisioned a society based on the ideas of equality, fraternity, scientific temperament, whereby any follow derogatory to girls was to be discarded. Regardless of this, practices akin to witch-hunting proceed to persist inside few sections of our society. A Constitutional democracy akin to ours can not survive; whereby such derogatory practices proceed to elude the ideas of rule of legislation and Constitutional morality.”
The judgment opened with the quote of Dr Ambedkar –“A simply society is that society during which ascending sense of reverence and descending sense of contempt is dissolved into the creation of a compassionate society.”
Factual Background
The bench made the aforesaid commentary as a parting commentary, whereas listening to an accused’s enchantment in opposition to the Orissa Excessive Courtroom’s judgment upholding his conviction for committing the homicide of a girl on allegations of practising witchcraft, which led to the demise of his daughter.
The deceased was dragged out from her home and was assaulted by lathis on very important organs, resulting in her demise. The only real eyewitness i.e., sufferer’s daughter witnessed the complete incident, and based mostly on her testimony, which was discovered to be constant and cogent, the Appellant was convicted beneath Part 302 IPC, and was sentenced to rigorous imprisonment for all times.
Aggrieved by the Excessive Courtroom’s choice to uphold the conviction, he appealed to the Supreme Courtroom.
Dismissing the enchantment, the judgment authored by Justice Mishra rejected the Appellant’s rivalry that the only eyewitness testimony of the deceased’s daughter wouldn’t be adequate to base his conviction provided that she was an /associated witness.
The Courtroom stated that “a mere relationship with the deceased doesn’t render a witness or unreliable. An in depth relative, who’s a pure witness, can’t be equated with an witness merely due to such relationship.”
“Within the info of the current case, the direct testimony of P.W.3 has been duly corroborated with medical proof which additional establishes the guilt of the appellant past cheap doubt.”, the Courtroom added.
In consequence, the enchantment was dismissed.
Trigger Title: BALKU ORAM VERSUS STATE OF ODISHA
Quotation : 2026 LiveLaw (SC) 802
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For Petitioner(s) :Mr. Rakesh Kumar Khanna, Sr. Adv. Ms. Savita Devi, Adv. Mr. Rajiv Kumar Sinha, AOR Mr. Aditya Pushkal Khanna, Adv. Ms. Arushi Jindal, Adv. Mr. Govind Kashyap, Adv. Mr. Gaurav Gupta, Adv.
For Respondent(s) :Mr. Naveen Kumar, AOR Mr. Ujjawal Kumar Rai, Adv. Ms. Isha Baloni, Adv. Mr. Sudhanshu Pathak, Adv. Mr. Rishabh Chaudhary, Adv. Mr. Lakshay Singh, Adv. Ms. Pragya Prachi Pandey, Adv. Ms. Shailja Singh, Adv. Ms. Nidhi Singh, Adv. Ms. Shrijeta Pratik, Adv. Mr. Prabhat Sejwar, Adv. Mr. Utkarsh Chandra, Adv.
