Expressing deep concern over the persistence of witch-hunting in parts of Indian society, the Supreme Court has observed that superstition, prejudice and irrational fear continue to supersede the rule of law and constitutional morality, leaving vulnerable women exposed to brutal violence and social ostracisation.

The observation came while dismissing an appeal filed by Balku Oram against his conviction and life sentence for the 1998 murder of Puni Naik in Odisha. The Court found that Oram and his co-accused had brutally assaulted Naik after she was accused of practising witchcraft, ultimately causing her death.

“…the facts of the present case have deeply disturbed the conscience of this Court, wherein a defenseless women was branded as a practitioner of witch-craft and what effect it must have had on the daughter of the deceased who had to witness her mother being killed in the most brutal way.”, observed a bench of Justice Prashant Kumar Mishra and Justice N.V. Anjaria.

'Superstition and irrational fear supersede rule of law'

The Court lamented that the “malady of witch hunting” continues to plague sections of society, where prejudice, superstition and irrational fear can take precedence over constitutional values and the rule of law.

“It is true that the malady of witch hunting still plagues sections of our society, where prejudice, superstition and irrational fear supersedes the rule of law, constitutional morality. The brutality associated with witch hunting extends far beyond the act of killing; where victims mostly women are subjected to torture, beatings, sexual violence and social ostracization. In such a situation, superstitious beliefs or fears are given precedence leading to vulnerable women becoming victims of collective hostility.”, the Court added.

The Court noted that despite the Constitution prohibiting such derogatory practices and promoting scientific temper, such practices continue to exist in country, where “sometimes in the most difficult situations, it often becomes an easy escape to blame a woman for the acts she did not commit, thus reflecting a deeply rooted social prejudice that often seeks scapegoats rather than solutions.”

"In such situations, what can be given an ascendency is 'reason' for reason is the only virtue that stands as a bulwark against collective irrationality," the Court said.

The Court underlined that the Constitution envisages a society founded on equality, fraternity and scientific temperament. Practices that demean or harm women, it said, have no place in such a constitutional order.

Despite these constitutional ideals, the Court noted, practices such as witch-hunting continue in some sections of society.

"The Constitution of India envisioned a society founded on the principles of equality, fraternity, scientific temperament, wherein any practice derogatory to women was to be discarded. Despite this, practices such as witch-hunting continue to persist within few sections of our society. A Constitutional democracy such as ours cannot survive; wherein such derogatory practices continue to elude the principles of rule of law and Constitutional morality."

The judgment opened with the quote of Dr Ambedkar -“A just society is that society in 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 observation as a parting observation, while hearing an accused's appeal against the Orissa High Court's judgment upholding his conviction for committing the murder of a woman on allegations of practising witchcraft, which led to the death of his daughter.

The deceased was dragged out from her house and was assaulted by lathis on vital organs, leading to her death. The sole eyewitness i.e., victim's daughter witnessed the entire incident, and based on her testimony, which was found to be consistent and cogent, the Appellant was convicted under Section 302 IPC, and was sentenced to rigorous imprisonment for life.

Aggrieved by the High Court's decision to uphold the conviction, he appealed to the Supreme Court.

Dismissing the appeal, the judgment authored by Justice Mishra rejected the Appellant's contention that the sole eyewitness testimony of the deceased's daughter would not be sufficient to base his conviction given that she was an interested/related witness.

The Court said that “a mere relationship with the deceased does not render a witness interested or unreliable. A close relative, who is a natural witness, cannot be equated with an interested witness merely because of such relationship.”

“In the facts of the present case, the direct testimony of P.W.3 has been duly corroborated with medical evidence which further establishes the guilt of the appellant beyond reasonable doubt.”, the Court added.

As a result, the appeal was dismissed.

Cause Title: BALKU ORAM VERSUS STATE OF ODISHA

Citation : 2026 LiveLaw (SC) 802

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Appearance:

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.