‘Democracy cannot survive if witchcraft killings continue’:SC upholds life sentence of Odisha woman’s killer

The Supreme Court has upheld the life imprisonment sentence of a man convicted of killing a woman in Odisha in 1998 after branding her a witch, warning that such superstition-driven violence cannot be allowed to escape the rule of law. A bench of Justices Prashant Kumar Mishra and NV Anjaria dismissed an appeal filed by Balku Oram against the Odisha High Court’s September 2022 judgment, which had upheld his conviction and life sentence. The Court said violence against women in the name of witchcraft continues in parts of society, where superstition, prejudice and irrational fear can override constitutional values. The bench observed that if such practices continue to evade the rule of law and constitutional morality, “constitutional democracy cannot survive”. Woman dragged out of house and beaten In February 1998, a girl died in a village in Odisha’s Sundargarh district. A member of the girl’s family claimed that the girl had died because of the victim’s alleged witchcraft. The accused and his accomplice then dragged the woman out of her house and attacked her, killing her. The incident was witnessed by the woman’s daughter. An FIR was registered following the daughter’s complaint. The trial court convicted the accused and his accomplice of murder and several other offences and sentenced them to life imprisonment. In September 2022, the High Court upheld the trial court’s decision. The accused, Balak Oram, challenged the High Court’s ruling in the Supreme Court. The Supreme Court gave its verdict on this appeal. Sentence upheld based on daughter’s testimony The court said there was strong direct evidence against the accused. It said that when direct evidence comes from the only eyewitness in a case, there is no legal bar to convicting the accused based solely on that testimony. The number of witnesses is not important; the quality of their evidence matters. Key points from the Supreme Court’s verdict The case is a reminder that justice must always prevail over superstition and irrational beliefs. The cruelty of witch-branding does not end with murder. In many cases, women face torture, assault, sexual violence and social exclusion. The court said that the problem of violence against women accused of witchcraft still exists in some parts of society. In such places, prejudice, superstition and irrational fears can take priority over the rule of law. In many cases, blaming a woman who has done nothing wrong becomes an easy solution in difficult situations. This exposes a deep-rooted prejudice in society that looks for a scapegoat instead of trying to find the real cause or solution. Dr BR Ambedkar said, “A just society is one where a growing sense of respect and a declining sense of contempt together create a sensitive society.” ​