The Supreme Court also condemned the Patna High Court and the Bihar government for permitting the trial in the case to remain stayed.
New Delhi: The Supreme Court on Thursday condemned the disrobing and public humiliation of two women in Bihar on accusations of witchcraft, describing the incident as a “blot on the constitutional spirit” and a grave affront to human dignity.
A bench of justices CT Ravikumar and Sanjay Karol castigated the Patna High Court and the Bihar government for letting a trial in the case stay, underlining the critical role of the judiciary and State in protecting elementary human rights.
Dignity goes to the very core of an individual’s existence in society. Any action that undermines dignity, whether by another person or the State, potentially goes against the spirit of the Constitution of India, which guarantees the security of all persons by ensuring that justice, liberty, and equality are avouched for each and every person.”
In a strongly worded judgment, the bench underscored that violation of dignity strikes at the heart of Article 21 of the Constitution, which guarantees the right to live with dignity. The court referenced landmark rulings, including Kesavananda Bharati Vs. State of Kerala (1973) and Francis Coralie Mullin Vs. Union Territory of Delhi (1981), affirming that the right to dignity forms part of the Constitution’s basic structure and is integral to the right to life.
The case is about two women who were charged with practicing witchcraft, stripped naked in public, physically assaulted, and humiliated in March 2020 in Bihar’s Motahari district. Jeweler was also snatched from one of the victims. The court noted that it is because of deeply entrenched patriarchy and superstitions that such practices take place, highlighting the horrific nature of the crimes.
