IN THE HON’BLE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE. WRITPETITION (PIL) NO. ______ OF ______ AmanSethiya ........... PETITIONER; Aged: 22 years; Occupation: Student; Address: Shubham, Mandsaur Road, Sitamau, District: Mandsaur (M.P.). Versus The State of Madhya Pradesh ........... RESPONDENT 1; through Chief Secretary, Vallabh Bhawan, Bhopal (M.P.). Department of Home Affairs. ...........RESPONDENT 2; Government of Madhya Pradesh, 3rd Floor, Vallabh Bhavan-II, Govt. of Madhya Pradesh, 4 th Floor, Mantralaya, Vallabh Bhavan-I, Bhopal (M.P.). Directorate of Health Services ...........RESPONDENT 3; through Commissioner, 4 - 6 th Floor, Satpura Bhawan, Bhopal (M.P.). Directorate Women and Child Development Department..RESPONDENT4. VijayarajeVatsalya Bhavan, Plot No. 28 A, Arera Hills, Bhopal (M.P.). ________________________________________________________________ WWW.LIVELAW.IN
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IN THE HON’BLE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE.
WRITPETITION (PIL) NO. ______ OF ______
AmanSethiya ...........PETITIONER;
Aged: 22 years; Occupation: Student;
Address: Shubham, Mandsaur Road, Sitamau,
District: Mandsaur (M.P.).
Versus
The State of Madhya Pradesh ...........RESPONDENT 1;
through Chief Secretary, Vallabh Bhawan, Bhopal (M.P.).
Department of Home Affairs. ...........RESPONDENT 2;
Government of Madhya Pradesh,
3rd Floor, Vallabh Bhavan-II, Govt. of Madhya Pradesh,
4 th Floor, Mantralaya, Vallabh Bhavan-I, Bhopal
(M.P.).
Directorate of Health Services ...........RESPONDENT 3;
through Commissioner,
4 - 6 th Floor, Satpura Bhawan,
Bhopal (M.P.).
Directorate Women and Child Development Department..RESPONDENT4.
IN THE HON’BLE HIGH COURT OF MADHYA PRADESH BENCH AT
INDORE.
WRIT PETITION (PIL) NO. ______ OF ______
PETITIONER : Aman Sethiya
Versus
RESPONDENTS : The State of Madhya Pradesh & Others
INDEX
Sr.
No.
Description of Documents Date Annexure
Number
(if any)
Page No. of
Documents
1. Chronology of dates & events
2. Writ petition along with
Affidavit
3. List of Documents
4. Case of SashipravaBindhani
v. State of Orrissa&Ors.
(Orissa High Court)
P/1
5. Research study on violence
against Dalit women in
different states of India by
studying the sources of
materials that are available
and conducting interview of
the perpetrators, victims and
witnesses.
Perception of people on
the manifestation of
witchcraft.
Perception of different
symptoms or symbols
that the households of
the victims living in
P/2
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ii
rural areas have
developed.
Role of Ojhas in the
rural areas.
6. News articles highlighting
the deaths due to witchcraft.
P/3
7. News articles highlighting
the violence other than
murder and culpable
homicide not amounting to
murder due to witchcraft.
P/4
8. Annual Report of Crimes in
India by National Crime
Record Bureau from the year
2005 to 2016.
P/5
9. Copy of Right to Information
Application.
P/6
10. Reply of National Crime
Record Bureau to the Right
to Information Application.
P/7
11. Acknowledgement letter by
the state of Madhya Pradesh
on the concern shown by the
petitioner.
P/8
12. Order of the National Human
Rights Commission.
P/9
13. Advertisements made by
ojhas in the newspaper,
public places and on the
online platform.
P/10
14. Copy of Cable Television
Regulation Act,1995.
P/11
15. Copy of Norm of Journalistic
Conduct,2010.
P/12
Place: Indore Submitted by
Dated: /12/2019
Counsel of Petitioner
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iii
IN THE HON’BLE HIGH COURT OF MADHYA PRADESH BENCH AT
INDORE.
WRIT PETITION (PIL) NO. ______ OF ______
PETITIONER : Aman Sethiya
Versus
RESPONDENTS : The State of Madhya Pradesh & Others
LIST OF DOCUMENTS
Sr.
No.
Particulars Date of
Document
Original/
Copy
Number
of Pages
P/1 Case of
SashipravaBindhani v.
State of Orrissa&Ors.
(Orissa High Court)
P/2 Research study on violence
against Dalit women in
different states of India by
studying the sources of
materials that are available
and conducting interview of
the perpetrators, victims
and witnesses.
Perception of people
on the manifestation
of witchcraft.
Perception of different
symptoms or symbols
that the households
of the victims living in
rural areas have
developed.
Role of Ojhas in the
rural areas.
P/3 News articles highlighting
the deaths due to
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iv
witchcraft.
P/4 News articles highlighting
the violence other than
murder and culpable
homicide not amounting to
murder due to witchcraft.
P/5 Annual Report of Crimes in
India by National Crime
Record Bureau from the
year 2005 to 2016.
P/6 Copy of Right to
Information Application.
P/7 Reply of National Crime
Record Bureau to the Right
to Information Application.
P/8 Acknowledgement letter by
the state of Madhya
Pradesh on the concern
shown by the petitioner.
P/9 Order of the National
Human Rights
Commission.
P/10 Advertisements made by
ojhas in the newspaper,
public places and on the
online platform.
P/11 Copy of Cable Television
Regulation Act,1995.
P/12 Copy of Norm of
Journalistic Conduct,2010.
Place: Indore Submitted by
Dated: /12/2019
Counsel of Petitioner
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IN THE HON’BLE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE.
WRIT PETITION (PIL) NO. ______ OF ______
PETITIONER : Aman Sethiya
Versus
RESPONDENTS : The State of Madhya Pradesh & Others
CHRONOLOGY OF DATES AND EVENTS
Sr.
No.
Date Event
1. The petitioner came across the evil practise of
witch-hunting in the state of Madhya Pradesh
through the annual reports of National Crime
Record Bureau named ‘Crimes in India’. After
understanding the nature and consequences
through several news articles and research work,
the petitioner came to know about the fact that
people are taking law in their hand and
committing heinous crimes. Further, murder and
culpable homicide not amounting to murder are
not only the end result, people are also becoming
the victims of rape, sexual harassment,
blackmailing, grievous hurts, suicides, social
boycott in the name of this evil and heinous
superstitious practise.
2. 08/11/2017 The petitioner thereafter filed a Right to
Information application in the National Crime
Record Bureau asking for the statistics of the
crime other than murder and culpable homicide
not amounting to murder in the state of Madhya
Pradesh.
3. 23/11/2017 The reply to the Right to Information application
from National Crime Record Bureau revealed that
more than 180 people have lost their lives from
the time span of 2005 to 2015 in the state of
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Madhya Pradesh. The reply to the aforesaid
application also stated that no specific
information is available with the National Crime
Record Bureau.
4. 16/08/2018 Taking the matter into consideration, the
petitioner showed his concern to the Chief
Secretary of State of Madhya Pradesh and Chief
Executive Officer of the National Human Rights
Commission at their registered addresses.
5. 08/10/2018 The State Government of Madhya Pradesh
thereafter acknowledged the concern about witch
hunting in the state and directed the Special
Officer (Co-ordination) to take necessary actions
in these regards.
6. 19/12/2018 The National Human Rights Commission
apparently gave directions to the State
Government of Madhya Pradesh to take
appropriate actions within 8 weeks from the date
of direction.
7. The petitioner asked for the compliance of the
acknowledgement letter and direction by the
National Human Rights Commission dated 8th
October 2018 and 19th December 2018
respectively, but have not received any reply in
this regards from the State Government of
Madhya Pradesh.
8. The petitioner also finds the role of Aghori and
Ojhas as the main instigators behind branding
the victim as witch. The petitioner also finds
Aghori and Ojhas manipulating the public by
promoting themselves in several newspapers and
through pasting posters in public places and
public transport. Hence, such practices raised
the questions regarding the development of
scientific temper, humanism and the spirit of
inquiry which is enshrined under Article 51-A
clause ‘h’ of the Constitution of India
9. The petitioner is now concerned with the issue
that is the state of Madhya Pradesh is aware
about the issue of witch-hunting and the State
Government is wilfully neglecting subject-matter
of concern.The petitioner also came to know
about the fact that neither legislative nor
administrative action has been taken by the state
in order to curb the practise which is infringing
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Article 21 of the Constitution of India.
10. The petitioner is also concerned with the fact that
is the State Authorities, in future, prepares any
action plan in order to curb the activities related
to witch-hunting taking incomplete statistics into
consideration which are neither provided by
State Crime Record Bureau nor published by
National Crime Record Bureau respectively. The
State Government is taking an incomplete action
and thereby the security of the people living in
the state from such evil practices is still under
threat.
11. Hence this petition.
Place: Indore Submitted by
Dated: //2019
Counsel of Petitioner
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IN THE HON’BLE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE.
WRIT PETITION (PIL) NO. ______ OF ______
PETITIONER : Aman Sethiya
Versus
RESPONDENTS : The State of Madhya Pradesh & Others
WRIT PETITION (PUBLIC INTREST LITIGATION) UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA
Petitioner most respectfully submits as under:
1. Particulars of the cause/order against which the petition
is made:-
(1) Date of Order : NIL
(2) Passed in : NIL
(3) Passed by : NIL
(4) Subject-matter in brief:-
The present writ petition under Article 226 of the
Constitution of India, in a form prescribed for Public
Interest Litigation, is being preferred before this Hon’ble
court in a wake of continuing illegal activities related to
witch-hunting in the State of Madhya Pradesh which is in
complete and flagrant violation of the Fundamental Rights
guaranteed under the Constitution of India and to the
International Conventions of whom Union of India is a
signatory. Further, this writ petition is being filed in the
interest of the law abiding citizens who became the victim to
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the activities related to witch-hunting in the state of
Madhya Pradesh.
2. THE ANTECEDENTS OF THE PETITIONERS.
2.1. That the petitioner is a law abiding citizen of the
country, aged about 22 years, residing at Shubham,
MandsaurRoad,Sitamau, District- Mandsaur, and do
hereby solemnly affirm and sincerely state as follows;
2.2. That the petitioner herein is well acquainted with the
issue concerning the continuous illegal activities
related to the superstitious activities of witch hunt in
the State of Madhya Pradesh.
2.3. That the petitioner is filing this Writ Petition as Public
Interest Litigation, and has not filed any other Writ
Petition in this court or any other court on the same
issue. The petition is being filed for the public interest
and not for the private gains.
3. THE FACTS IN BRIEF, CONSTITUTING THE CAUSE:
3.1. The subject matter of the present Public Interest
Litigation relates to the issue of witch hunting, the
practise to which Orissa High Court in the case of
Sashiprava Bindhani v. State of Orissa [(2012) 117
AIC 883]has defined as the practise of accusing or
defaming a woman by calling her Dayan or Dahini or
any other name or symbol suggesting her to be a witch
and harming a person either physically or mentally or
damaging her property by calling her to be a witch. A
copy of the judgment is annexed as Annexure-P/1.
3.2. The witchcraft in India has been characterised as the
act that has existed for millennia all over the country
and across and religious group. The National
Commission for Women has published a report named
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ResearchStudy on Violence against Dalit Women in
Different States of India by studying the Sources of
Materials that are Available and Conducting Interview
of the Perpetrators, Victims and Witnesseson its website
http://www.ncw.nic.in.In accordance with this
report, the victims of this practise are usually blamed
for any ailment or misfortune that befalls the
community. The report states that the perception of
people relating to the severity of the consequences of
witch practices on the community as a whole, by the
branded witch is also an important aspect which
determines the belief system of the community..........
Their belief arises from both fatalistic and superstitious
attitudes. They assume that a woman who is believed
to be a witch not only kills fellow human beings but also
can spread her power of witchcraft. This report also
highlights the perceptions of people on manifestation
of witchcraft. This practise is most widespread in
rural areas with the status of low socio-economic
development. The households of the victims living in
rural areas have developed a perception of different
symptoms or symbols. A copy of the aforesaid report is
annexed as Annexure –P/2.1.
3.3. The United Nations Office of High Commissioner of
Human Rights through its special rapporteur on
violence against women has highlighted the prevalence
of the problem of witch-hunting in the country.Over
the span of last thirteen years, witch-hunts have taken
the lives of approximately two hundred people in the
State of Madhya Pradesh. These practices are often
very brutal as the end result to such practise is death.
A copy of news snippets highlighting the instances of
murder and culpable homicide not amounting to
murder is annexed as Annexure-P/3. When the
suspected victims are not killed, they are beaten,
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raped, tortured, paraded naked in their villages and
have their property confiscated. A copy of news
snippets highlighting the instances of other than
murder and culpable homicide not amounting to
murder is annexed as Annexure –P/4.
3.4. The annual reports published by the National Crime
Record Bureau named ‘Crime in India’ from the year
2005 to 2016 reveal that the number of deaths of
people caused due to murder and culpable homicide
not amounting to murder with the motive of witchcraft
has increased to two-hundred. The relevant pages of
the report from the year 2005 to 2016 are annexed as
Annexure –P/5The crimes other than murder and
culpable homicide not amounting to murder with the
motive of witchcraft have neither been recorded by
State Crime Record Bureau nor been published by
National Crime Record Bureau.
3.5. The petitioner on date 08/11/2017 filed the Right to
Information application at National Crime Record
Bureau having its application number
NCREB/R/2017/50182asking for the statistics of
crimes related to murder, culpable homicide not
amounting to murder and other related crimes. The
copy of the aforesaid application is annexed as
Annexure –P/6.
3.6. The National Crime Record Bureau in reply through
the letter number STT
(200)/RTI/293/2017/NCRBdated 23/11/2017 did
agree to the fact that more than 170 people have lost
their lives through murder and culpable homicide not
amounting to murder from the year 2005-2015 in the
State of Madhya Pradesh. The letter of reply by the
National Crime Record Bureau to the Right to
Information application reveals that no specific
information other than murder and culpable homicide
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8
not amounting to murder with the motive of witchcraft
is available with the bureau.The copy of the reply
made by the National Crime Record Bureau is annexed
as Annexure –P/7.
3.7. The petitioner after comprehending the subject matter
of witch-hunting and crime rate relating to offences
being committed in the name of witch hunting in the
state of Madhya Pradesh, showed his concern to the to
the Chief Secretary of State of Madhya Pradesh and
Chief Executive Officer of the National Human Rights
Commission at their registered addresses on date
16/08/2018. The State Government of Madhya
Pradesh in its letter dated 08/10/2018 acknowledged
the concern about witch hunting in the state and
directed the Special Officer (Co-ordination) to take
necessary actions in these regards. The copy of the
acknowledgement letter from the State Government of
Madhya Pradesh is annexed as Annexure- P/8.
3.8. Subsequently, the National Human Rights
Commission took such letter of concern in the form of
a ‘complaint’. The aforesaid matter was placed before
the commission on 19/12/2018 wherein, the National
Human Rights Commission apparently gave directions
to the State Government of Madhya Pradesh to take
appropriate actions within 8 weeks from the date of
direction. The copy of the order by National Human
Rights Commission is annexed as Annexure –P/9.The
petitioner sent several letters to the State Government
of Madhya Pradesh asking the compliance of the
acknowledgement letter and direction by the National
Human Rights Commission dated 8th October 2018
and 19th December 2018 respectively, but have not
received any reply in this regards from the State
Government of Madhya Pradesh.
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3.9. The petitioner is now concerned with the issue that is
the Madhya Pradesh State Authorities, in future,
prepares any action plan in order to curb the activities
related to witch-hunting taking incomplete statistics
into consideration which are been provided and
published by State Crime Record Bureau and National
Crime Record Bureau respectively. The State
Government is taking an incomplete action and
thereby the security of the people living in the state
from such evil practices is still under threat.
3.10. The petitioner is also concerned with the issue that
is the state of Madhya Pradesh is aware about the
issue of witch-hunting and the State Government is
wilfully neglecting such subject matter of concern.
From the date of direction by the State Government of
Madhya Pradesh,neither legislative nor administrative
action has been taken by the state in order to curb the
practise which is infringing Article 21 of the
Constitution of India.
3.11. As per Article 51-A clause ‘h’ of the Constitution of
India, it is the duty of every citizen to develop scientific
temper, humanism and the spirit of inquiry.The report
by National Commission for Women reveals that
practice of witch-hunting has become a social and
religious business for the local doctors, medicine men/
ojhas. The ojhas take advantage of the situation and
create difference villagers to fulfil their materialistic
requirements. The ojhas exploit the villagers socially,
economically and physically to satisfy their egotistic
and selfish desires. A copy of the aforesaid report is
annexed as Annexure-P/2.2. The ojhas prefer to
manipulate the people through the advertisements
made in newspapers, public places and online
platform. The copies of the advertisements made by
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the ojhas in order to manipulate the public are
annexed as Annexure –P/10.
3.12. There exist central legislations and regulations
addressing the promotions of these superstitious
activities. The Drug and Magic Remedies
(Objectionable Advertisements) Act, 1954is one among
them. Its Statement of Object and Reasons stated that
it was an Act to “control the advertisement of drugs in
certain cases, to prohibit the advertisement for certain
purposes of remedies alleged to process magic utilities
and to provide for matters connected therewith”. Apart
from banning misleading drug advertisement and
advertisements of certain categories of drugs, section 3
and section 5 of the Act also prohibited the
advertisements of magic remedies with respect to any
of the disease mentioned in the schedule. Magic
remedies for the purpose of the Act included any
talisman or charm that alleged to possess miraculous
power for treatment or prevention of a disease. The
schedule is wide in its ambit and mentions most of the
disease prevalent in India. The advertisements of
drugs claiming to have supernatural healing forces
therefore are banned in India. The Act is little enforced
however, which contributed to the need for
comprehensive legislation that tackles these
issues.The harmful consequences of propagation of
superstitious beliefs through the media have also been
addressed by the legislature.
3.13. The Cable Television (Regulation) Act, 1995states
that transmission or re-transmission of all programme
have to be in conformity with the programme code.
Rule 6 of Cable Television Rules 1994 contains the
programme code.It stated that no programme should
be carried in the cable service that, inter alia
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“encourages superstition or blind belief”.A copy of the
aforesaid regulation is annexed as Annexure –P/11.
3.14. The Press Council of India after certain ratification
published Norm of Journalistic Conduct in the year
2010in order to maintain fairness and accuracy in the
advertisement published and also to avoid the
publications relating to astrological prediction.Rule 1
of the Code mandates the publisher to eschew
publication of inaccurate, baseless, graceless,
misleading or distorted material. Further, it is also the
duty of the press to expose the wrongdoing that comes
to their notice. Rule 36 sets the guideline with
reference to Advertisement by the publisher. It states
that “Newspapers should not publish an advertisement
containing anything which is unlawful or illegal, or is
contrary to public decency, good taste or to
journalistic ethics or propriety”.Furthermore, Rule 38
of the Code set the guideline with reference to
advertisement related to astrological prediction. The
rule states that “The promotion of astrological prediction
and superstitious practices is likely to produce an
unsettling effect on the minds of the readers and is thus
undesirable.” A copy of the Norm of Journalistic
Conduct is annexed as Annexure –P/12.The aforesaid
report by National Commission for Women has also
revealed that generally in rural and tribal areas the
ojhas take bribe to accuse women as a witch.A copy of
the aforesaid report is annexed as Annexure –P/2.3.
3.15. That, in the current scenario, the State of Madhya
Pradesh has failed to protect its people from
inequalities, discriminations, torture and cruel,
inhuman or derogatory treatments.The state of
Madhya Pradesh has also failed to protect the right to
life thereby, leading to the violation of Article 21 of the
Constitution of India. Further,the state has failed to
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take measures in order to promote scientific temper
and humanism. Furthermore, the state has also failed
to take any legislative or administrative measure in
order to curb such practise of witch-hunting.
4. SOURCES OF INFORMATION.
The sources of information of facts pleaded are based on Reports
of United Nations Office of High Commissioner of Human Rights
acknowledging the increasing problem in the form of violence
against women through witch-hunting in India. Further, the
reports of National Crime Record Bureau did help in gathering
the data of murder and culpable homicide not amounting to
murder from the time span of 2005-2016. The petitioner in order
to gather the information with regards to the subject matter
concerned also relied upon Right to Information. Furthermore,
the petitioner took the help of news articles reporting the crimes
other than murder and culpable homicide not amounting to
murder. The list of all the sources referred by the petitioner is
annexed as Annexure –P/14.
5. NATURE AND EXTEND OF INJURY CAUSED/ APPREHENDED.
The nature and extent of injury caused, is irreparable and
everlasting to the victims of witch-hunting as the Respondents
even by knowing that such activities are being conducted in the
state on a continuous basis, are wilfully neglecting this subject-
matter of concern. According to the reports of National Crime
Record Bureau, the statistics of the crimes related to murders
and culpable homicide not amounting to murder have been
raised to two-hundred from the year 2005 to 2016. Further, in
case the victim is not killed, then he/she is subjected to get
beaten, raped, tortured, paraded naked in the villages, driven
from his/her villages and have his/her property confiscated. No
crime other than murders and culpable homicide not amounting
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to murder relating to witch-hunting has been recorded by the
State Crime Record Bureau which ultimately declares such data
incomplete and incompetent enough for the authorities to take
corrective measures for the prevention of the activities related to
witch-hunting in the state of Madhya Pradesh. Furthermore, the
Respondents by not taking any legislative and administrative
measures to curb the practise of witch-hunting, are exposing the
public of the state of Madhya Pradesh to such practices.
6. ISSUES RAISED WAS NEITHER DEALT WITH NOR DECIDED.
That to the best of the petitioner, no public interest litigation
raising the same issue is filed before this Hon’ble Court or before
any other court.
7. ANY REPRESENTATION MADE.
The petitioner most humbly submits that the representation has
already been made to the Chief Secretary of the state of Madhya
Pradesh and also to the Chief Executive Officer of the National
Human Rights Commission containing all the relevant facts and
materials necessary for the subject matter to the current
petition. Hence, no further representation is required.
8. GROUNDS URGED.
That the present petition has been filed on the following amongst
other grounds:
8.1. The state should report and publish the crimes other than
murder and culpable homicide not amounting to murder.
8.2. That several states have come up with special
legislation in order to curb the problem of witch-
hunting and other ‘witch’ related offences. Bihar
became the first state to adopt the Prevention of Witch
Practices, 1999 wherein the preamble of the Act the
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state recognises the crimes other than murder and
culpable homicide not amounting to murder with the
motive of witchcraft. The preamble of the Act reads as
follows:-
“To provide for the effective measures to prevent the witch practices and identification of a woman as a witch and their oppression mostly prevalent in Tribal areas and elsewhere in the State of Bihar and to eliminate the woman's torture, humiliation and killing by the society and for any other matter connected therewith or which are incidental thereto. Be it enacted by the Legislature of the State of Bihar in the fiftieth year of the Republic of India as follows:”
8.3. That Chhattisgarh TonahiPratadnaNivaran Act, 2005
also recognises the crimes other than murder and
culpable homicide not amounting to murder with the
motive of witchcraft in Section 5 read along with
Section 2 clause 4 of the Act. It is submitted that
Section 5 of the Act talks about causing physical or
mental harassment or damage to any person identified
as Tonahi (Witch). Further, Section 2 clause 4 has
defined the term ‘damage’ as:-
“(4) “Damage” includes physical, mental and economic harm
and harm to reputation;”
8.4. Subsequently, Odisha Prevention of Witch-Hunting
Act, 2013 and Rajasthan Prevention of Witch-Hunting
Act, 2013 have also recognised the fact that the term
witch-hunting not only includes killing someone but
also involves the activity of identifying, accusing or
defaming a woman as witch, or harassing, harming or
injuring such woman whether mentally or physically
or damaging her property. Further, Section 4 clause 2
of both the legislations also includes offences such as
branding a woman as witch, to make her drink or eat
any inedible substance or any other obnoxious
substance or parade her with painted face or body or
commits any similar act which is derogatory to human
dignity or displacing from her home which particularly
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proves the existence of crimes other than murder and
culpable homicide not amounting to murder with the
motive of witchcraft.
8.5. The petitioner of this report filed an online Right to
Information application at the National Crime Record
Bureau having its application number
NCREB/R/2017/50182 dated 08/11/2017 asking for
statistics of offences being committed other than
murder and culpable homicide not amounting to
murder.The National Crime Record Bureau in reply
through the letter number STT
(200)/RTI/293/2017/NCRB dated 23/11/2017 did
agree to the fact that no specific information for the
offences being committed other than murder and
culpable homicide not amounting to murder is
available with the National Crime Record Bureau.The
petitioner hereby asserts that such information have
not been provided by the Madhya Pradesh State Crime
Record Bureau to the National Crime Record Bureau.
8.6. It is humbly submitted by the petitioner that if the
Madhya Pradesh State Authority in future prepares
any action in order to curb the activities related to
witch-hunting taking into consideration the incomplete
statistics provided and published by State Crime
Record Bureau and National Crime Records Bureau
respectively, then the state government is taking an
incomplete and incompetent action and thereby it is
the failure of the state in providing adequate and
sufficient protection to the people living in the state of
Madhya Pradesh.
8.7. The state should comply with the directions of the national
human rights commission.
8.8. It is humbly submitted by the petitioner that the
Human Rights Act, 1993 was enacted to provide for
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the constitution of National Human Rights
Commission, State Human Rights Commission in
States and Human Rights Courts for better protection
of human rights and for matter connected therewith or
incidental thereto.The Statement of Objects and
Reasons of the Act makes reference to the
International Covenant ofCivil and Political Rights and
the International Covenant on Economic, Social and
Cultural Rights adopted by the General Assembly of
the United Nations on 16.12.1966 and also the fact
that India is a party to the said covenants.
8.9. The National Human Rights Commission has been
constituted, together with the State Human Rights
Commissions, "for better protection of human rights"
and for related ancillary matters. The Commission is a
high powered body whose Chairperson is a person who
has been the Chief Justice of the Supreme Court.
Among its members is a person who is, or has been a
Judge of the Supreme Court; and another who is, or
has been the Chief Justice of a High Court. Two other
members are to be appointed from amongst persons
having knowledge of, or practical experience in,
matters relating to human rights. The appointment of
the Chairperson and Members is by a Committee
chaired by the Prime Minister and which includes
among other persons, the Speaker of the Lok Sabha,
Union Minister of Home Affairs, the leaders of the
opposition in the Lok Sabha and Rajya Sabha and the
Deputy Chairperson of the Rajya Sabha. The presence
of these high dignitaries on the selection committee is
indicative of the importance which Parliament has
ascribed to the functions of the Commission.
8.10. The functions of the Commission under Section
12 include among other things, the power to inquire
suo-motu or on a petition presented to it by a victim or
constitutions, right to life and liberty so also in case of
violation so also in case of violation of those core
rights, the aggrieved person has the right to move the
appropriate court or tribunal as the case may be for
the redressal of his grievances.
8.21. The petitioner bases him claims on Constitutional
Right, rights conferred under the International
Conventions where India is a signatory, Protection of
Human Right Act, 1993 to provide adequate and
sufficient protection to a citizen.
8.22. The annual reports published from the year 2005
till the year 2016 by the National Crime Record
Bureau reveal that the number of deaths of the people
caused due to the murder or culpable homicide not
amounting to murder with the motive of witchcraft has
increased to two-hundred.Further, the crimes other
than murder and culpable homicide not amounting to
murder have neither been recorded by State Crime
Record Bureau nor it has been published in any of the
reports of National Crime Record Bureau.
8.23. Article 21 of the Constitution of India has
recognised right to life and personal liberty as an
independent and indefeasible right available to a
citizen, deprivation of which can be only under due
process of law. It is an essential limb of human rights
also.
8.24. The Supreme Court of India in the case of
ParmanandKatara v. Union of India [AIR 1989 SC
2039]has held that :-
“7. There can be no second opinion that preservation of human life is
of paramount importance. That is so on account of the fact that once
life is lost, the status quo ante cannot be restored as resurrection is
beyond the capacity of man. The patient whether he be an innocent
person or be a criminal liable to punishment under the laws of the
society, it is the obligation of those who are in charge of the health of
the community to preserve life so that the innocent may be protected
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and the guilty may be punished. Social laws do not contemplate
death by negligence to tantamount to legal punishment.
8. Article 21 of the Constitution casts the obligation on the State to
preserve life. The provision as explained by this Court in scores of
decisions has emphasised and reiterated with gradually increasing
emphasis that position. A doctor at the government hospital
positioned to meet this State obligation is, therefore, duty bound to
extend medical assistance for preserving life. Every doctor whether at
a government hospital or otherwise has the professional obligation to
extend his services with due expertise for protecting life. No law or
State action can intervene to avoid/delay the discharge of the
paramount obligation cast upon members of the medical profession.
The obligation being total, absolute and paramount, laws of procedure
whether in statutes or otherwise which would interfere with the
discharge of this obligation cannot be sustained and must, therefore,
give way. On this basis, we have not issued notices to the States and
Union territories for affording them an opportunity of being heard
before we accepted the statement made in the affidavit of the Union of
India that there is no impediment in the law. The matter is extremely
urgent and in our view, brooks no delay to remind every doctor of his
total obligation and assure him of the position that he does not
contravene the law of the land by proceeding to treat the injured
victim on his appearance before him either by himself or being carried
by others. We must make it clear that zonal regulations and
classifications cannot also operate as fetters in the process of
discharge of the obligation and irrespective of the fact whether under
instructions or rules the victim has to be sent elsewhere or how the
police shall be contacted, the guideline indicated in the 1985 decision
of the Committee, as extracted above [ In para 3] , is to become
operative. We order accordingly”.
8.25. In a decision reported in the case of Deepak Bajaj
v. State of Maharashtra [AIR 2009 SC 628]it was
held that:-
“10. It must be remembered that every person has a fundamental
right to liberty vide Article 21 of the Constitution. Article 21, which
gives the right to life and liberty, is the most fundamental of all the
fundamental rights in the Constitution. Though, no doubt,
restrictions can be placed on these rights in the interest of public
order, security of the State, etc., but they are not to be lightly
transgressed”.
8.26. In the decision reported in Confederation of Ex-
Servicemen Assns. v. Union of India [(2006) 8 SCC
399],the question as to what life and liberty was
considered:-
“61. It cannot be gainsaid that the right to life guaranteed under
Article 21 of the Constitution embraces within its sweep not only
physical existence but the quality of life. If any statutory provision
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runs counter to such a right, it must be held unconstitutional
and ultra vires Part III of the Constitution. Before more than
hundred years, in Munn v. Illinois [94 US 113 : 24 L Ed 77 (1877)] ,
Field, J. explained the scope of the words “life” and “liberty” in the
5th and 14th amendments to the US Constitution and proclaimed:
(US p. 142)
“By the term ‘life’, as here used, something more is meant than mere animal existence. The inhibition against its deprivation extends to all these limbs and faculties by which life is enjoyed. The provision equally prohibits the mutilation of the body by the amputation of an arm or leg, or the putting out of an eye, or the destruction of any other organ of the body through which the soul communicates with the outer world. …
By the term ‘liberty’, as used in the provision, something more is meant than mere freedom from physical restraint or the bounds of a prison”.
The abovementioned observation from the case of
Munn v. Illinois [94 US 113: 24 L Ed 77(1877)]
has also been quoted in the case of Kharak Singh
v. State of Uttar Pradesh [AIR 1963 SC 1295].
8.27. In the decision reported in the State of West
Bengal v. Committee for the Protection of
Democratic Rights [(2010) 3 SCC 571] it was held
that:-
“60. Article 21, one of the fundamental rights enshrined in Part III
of the Constitution declares that no person shall be deprived of his
“life” or “personal liberty” except according to the procedure
established by law. It is trite that the words “life” and “personal
liberty” are used in the article as compendious terms to include
within themselves all the varieties of life which go to make up the
personal liberties of a man and not merely the right to the
continuance of a person's animal existence. (See Kharak
Singh v. State of U.P. [AIR 1963 SC 1295 : (1963) 2 Cri LJ 329 :
(1964) 1 SCR 332] )”.
8.28. In the decision reported in the Kehar Singh Case
[(1989) 1 SCC 204] has highlighted the paramountcy
of right to ‘life’ and ‘personal liberty’ and it was further
held that:-
“7.… To any civilised society, there can be no attributes more
important than the life and personal liberty of its members. That is
evident from the paramount position given by the courts to Article
21 of the Constitution. These twin attributes enjoy a fundamental
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ascendancy over all other attributes of the political and social
order, and consequently, the legislature, the executive and the
judiciary are more sensitive to them than to the other attributes of
daily existence. The deprivation of personal liberty and the threat
of the deprivation of life by the action of the State is in most
civilised societies regarded seriously and, recourse, either under
express constitutional provision or through legislative enactment is
provided to the judicial organ”.
8.29. In the decision reported in the Minerva Mills Case
[(1980) 3 SCC 625] it was further held that:-
“74. Three articles of our Constitution, and only three, stand
between the heaven of freedom into which Tagore wanted his
country to awake and the abyss of unrestrained power. They are
Articles 14, 19 and 21. Article 31-C has removed two sides of that
golden triangle which affords to the people of this country an
assurance that the promise held forth by the Preamble will be
performed by ushering an egalitarian era through the discipline of
fundamental rights, that is, without emasculation of the rights to
liberty and equality which alone can help preserve the dignity of
the individual”.
8.30. In the decision reported in the case of M. Nagaraj
[(2006) 8 SCC 212] wherein the court has observed as
under:-
“20. This principle of interpretation is particularly apposite to the
interpretation of fundamental rights. It is a fallacy to regard
fundamental rights as a gift from the State to its citizens.
Individuals possess basic human rights independently of any
constitution by reason of the basic fact that they are members of
the human race. These fundamental rights are important as they
possess intrinsic value. Part III of the Constitution does not confer
fundamental rights. It confirms their existence and gives them
protection. Its purpose is to withdraw certain subjects from the
area of political controversy to place them beyond the reach of
majorities and officials and to establish them as legal principles to
be applied by the courts. Every right has a content. Every
foundational value is put in Part III as a fundamental right as it
has intrinsic value. The converse does not apply. A right becomes a
fundamental right because it has foundational value. Apart from
the principles, one has also to see the structure of the article in
which the fundamental value is incorporated. Fundamental right is
a limitation on the power of the State. A Constitution, and in
particular that of it which protects and which entrenches
fundamental rights and freedoms to which all persons in the State
are to be entitled is to be given a generous and purposive
construction. In Sakal Papers (P) Ltd. v. Union of India [AIR 1962
SC 305] this Court has held that while considering the nature and
content of fundamental rights, the court must not be too astute to
interpret the language in a literal sense so as to whittle them down.
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The court must interpret the Constitution in a manner which would
enable the citizens to enjoy the rights guaranteed by it in the fullest
measure. An instance of literal and narrow interpretation of a vital
fundamental right in the Indian Constitution is the early decision of
the Supreme Court in A.K. Gopalan v. State of Madras [AIR 1950
SC 27 : 1950 Cri LJ 1383] . Article 21 of the Constitution provides
that no person shall be deprived of his life and personal liberty
except according to procedure established by law. The Supreme
Court by a majority held that ‘procedure established by law’
means any procedure established by law made by Parliament or
the legislatures of the State. The Supreme Court refused to infuse
the procedure with principles of natural justice. It concentrated
solely upon the existence of enacted law. After three decades, the
Supreme Court overruled its previous decision in A.K. Gopalan [AIR
1950 SC 27 : 1950 Cri LJ 1383] and held in its landmark judgment
in Maneka Gandhi v. Union of India [(1978) 1 SCC 248] that the
procedure contemplated by Article 21 must answer the test of
reasonableness. The Court further held that the procedure should
also be in conformity with the principles of natural justice. This
example is given to demonstrate an instance of expansive
interpretation of a fundamental right. The expression ‘life’ in Article
21 does not connote merely physical or animal existence. The right
to life includes right to live with human dignity. This Court has in
numerous cases deduced fundamental features which are not
specifically mentioned in Part III on the principle that certain
unarticulated rights are implicit in the enumerated guarantees”.
8.31. In the decision reported in the case of Ramlila
Maidan Incedent, In Re [(2012) 5 SCC 1],has laid
emphasis on Article 355 of the Constitution of India
and mentioned the security of the citizens without
violating human dignity as the primary task of the
state:-
“306. Article 355 [Ed.: Article 355 imposes a duty on the Union to
protect every State against external aggression and internal
disturbance and to ensure that the Government of every State is
carried on in accordance with the provisions of the Constitution.] of
the Constitution provides that the Government of every State would
act in accordance with the provisions of the Constitution. The
primary task of the State is to provide security to all citizens
without violating human dignity. Powers conferred upon the
statutory petitionerities have to be, perforce, admitted. Nonetheless,
the very essence of constitutionalism is also that no organ of the
State may arrogate to itself powers beyond what is specified in the
Constitution. (Vide GVK Industries Ltd. v. ITO [(2011) 4 SCC 36]
and NandiniSundar v. State of Chhattisgarh [(2011) 7 SCC 547 :
(2011) 2 SCC (L&S) 762 : AIR 2011 SC 2839] .)”.
8.32. Witch Identification, Branding and Accusation
affects the right to live with dignity and honour which
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is a fundamental right guaranteed under Article 21 of
the Constitution of India. Witch Identification,
Branding and Accusation generally occur in public
places. If certain positive efforts are made to solve this
problem, this could be effectively curbed. If, in case, no
efforts are made for curbing such a menace, it
sometimes proves disastrous. There have been several
instances where the victims of Witch Identification,
Branding and Accusation have gone through serious
psychological problem and even committed suicide. In
a comparatively similar instance affecting right to life
with dignity and honour, Hon’ble Supreme Court of
India in the case of Inspector General of Police v. S.
Samuthiram [(2013) 1 SCC 598],held that:-
“29. We may, in the facts and circumstances of this case, wish to
add some aspects which are also of considerable public
importance. We notice that there is no uniform law in this country
to curb eve-teasing effectively in or within the precinct of
educational institutions, places of worship, bus-stands, metro