PIL Witch Hunting Aman

IN THE HON’BLE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE.
WRIT PETITION (PIL) NO. ______ OF ______
Aman Sethiya ...........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;

through Principal Secretary
Government of Madhya Pradesh,
3rd Floor, Vallabh Bhavan-II, Govt. of Madhya Pradesh,
4 th Floor, Mantralaya, Vallabh Bhavan-I,
Bhopal (M.P.).
Directorate Women and Child Development Department.. RESPONDENT 3.

through Commissioner,
Vijayaraje Vatsalya Bhavan,
Plot No. 28 A, Arera Hills,
Bhopal (M.P.).
________________________________________________________________
IN THE HON’BLE HIGH COURT OF MADHYA PRADESH BENCH AT

INDORE.
PETITIONER : Aman Sethiya
Versus
RESPONDENTS : The State of Madhya Pradesh & Others
INDEX
Sr. Description of Documents Date Annexure Page No. of

No. Number Documents
(if any)
1. Chronology of dates & events
2. Writ petition along with

Affidavit
3. List of Documents
4. Case of Sashiprava Bindhani

v. State of Orrissa & Ors.
P/1
(Orissa High Court)
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
P/2
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.
ii
6. News articles highlighting P/3
the deaths due to witchcraft.
7. News articles highlighting P/4

the violence other than
murder and culpable
homicide not amounting to
murder due to witchcraft.
8. Annual Report of Crimes in P/5

India by National Crime
Record Bureau from the year
2005 to 2016.
9. Copy of Right to Information P/6

Application.
10. Reply of National Crime P/7

Record Bureau to the Right
to Information Application.
11. Acknowledgement letter by

the state of Madhya Pradesh
on the concern shown by the P/8
petitioner.
12. Order of the National Human P/9

Rights Commission.
13. Advertisements made by P/10

ojhas in the newspaper,
public places and on the
online platform.
14. Copy of Cable Television P/11

Regulation Act,1995.
15. Copy of Norm of Journalistic P/12

Conduct,2010.
Place: Indore Submitted by

Dated: /12/2019
Counsel of Petitioner
IN THE HON’BLE HIGH COURT OF MADHYA PRADESH BENCH AT

INDORE.
iii
Versus
LIST OF DOCUMENTS
Sr. Particulars Date of Original/ Number

No. Document Copy of Pages
P/1 Case of Sashiprava

Bindhani 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
witchcraft.
P/4 News articles highlighting

the violence other than
murder and culpable
homicide not amounting to
murder due to witchcraft.
iv
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.

Dated: /12/2019
v
Versus
CHRONOLOGY OF DATES AND EVENTS
Sr. Date Event

No.
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
1
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
2
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.

Dated: / /2019
3
Versus
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
4
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,
Mandsaur Road,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
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 on 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,
6
raped, tortured, paraded naked in their villages and
have their property confiscated. A copy of news
snippets highlighting the instances of other than
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/NCRB
dated 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 not amounting to murder with the motive of
7
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.
3.9. The petitioner is now concerned with the issue that is
the Madhya Pradesh State Authorities, in future,
8
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
the ojhas in order to manipulate the public are
9
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, 1995 states
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
“encourages superstition or blind belief”. A copy of the
aforesaid regulation is annexed as Annexure –P/11.
10
3.14. The Press Council of India after certain ratification
published Norm of Journalistic Conduct in the year
2010 in 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
take measures in order to promote scientific temper
11
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
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
to murder relating to witch-hunting has been recorded by the
12
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
13
state recognises the crimes other than murder and
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 Tonahi Pratadna Nivaran Act, 2005

also recognises the crimes other than murder and
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
14
proves the existence of crimes other than murder and
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.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
15
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 of Civil 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
16
any person on his behalf or on a direction of a court,
into a complaint of the violation of human rights or
abetment thereof or negligence in the prevention of
such a violation, by a public servant.
8.11. When it makes inquiries, the Commission under
Section 13 has all the powers of a civil court while
trying a suit under the Code of Civil Procedure, 1908
and, in particular, in respect of the matters
enumerated therein. The Commission for the purposes
of investigation is empowered under Section 14, to
utilise the services of any officer or investigation
agency of the Central Government or any State
Government with the concurrence of the Central
Government or the State Government. The procedure
before the Commission is governed by Chapter IV of
which Section 17 provides an enquiry into a complaint
of a violation of human rights. The Commission is
empowered to call for information or a report from the
Central Government or State Government or any other
authority or organization subordinate to them.
8.12. The petitioner after comprehending the subject
matter of witch-hunting and crime rate of the offences
relating to 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 already been annexed as
Annexure- P/8.
17
8.13. 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 already been 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.
8.14. It is humbly submitted by the petitioner that in this
subject matter of concern, on a similar set of facts an
order passed by the NHRC during the course of inquiry
under the power of the Commission under Section
18(a)(i) of the Act being recommendatory in nature, the
direction to furnish proof of compliance was contrary
to law and was liable to be set aside.
8.15. These provisions emphasize three aspects. First, the
enactment of the Protection of Human Rights Act,
1993 is an intrinsic part of the enforcement of the
fundamental right to life and personal liberty
under Article 21 of the Constitution. Equally, by
enacting the legislation, Parliament has evinced an
intention to enact legislation in compliance with
India's obligations under the Covenant on Civil and
Political Rights and the Covenant on Economic, Social
and Cultural Rights adopted by the General Assembly
of the United Nations. Secondly, the Commission is a
18
high powered body which has been vested with
exhaustive powers to order an investigation, conduct
enquiries and for which it is vested with all the powers
of a civil court. Clauses (a) to (f) of Section 18 are not
evidently an exhaustive enumeration of the powers of
the Commission since the use of the expression "and
in particular" would indicate that the powers which
are enumerated are illustrative in nature. The
Commission follows a procedure which is governed
by Section 17 for the purpose of making inquiries
upon which it has to take steps in conformity
with Section 18.
8.16. The petitioner in the current petition is concerned
with the usage of the expression "recommend"
in Section 18(a) can be treated by the State
Government or by an authority as merely an opinion
or a suggestion which can be ignored with impunity. In
our view, to place such a construction on the
expression "recommend" would dilute the efficacy of
the Commission and defeat the statutory object
underlying the constitution of such a body. Since no
appeal is provided by the Act against an order of the
Commission, the power of judicial review is available
when an order of the Commission is questioned.
Having regard to the importance of the rule of law
which is but a manifestation of the guarantee of fair
treatment under Article 14 and of the basic principles
of equality, it would not be possible to accept the
construction that the State Government can ignore the
recommendations of the Commission under Section
18 at its discretion or in its wisdom. That the
Commission is not merely a body which is to render
opinions which will have no sanctity or efficacy in
enforcement, cannot be accepted. This is evident from
the provisions of clause (b) of Section 18 under which
19
the Commission is entitled to approach the Supreme
Court or the High Court for such directions, orders or
writs as the Court may deem fit and necessary.
Governed as we are by the rule of law and by the
fundamental norms of the protection of life and liberty
and human dignity under a constitutional order, it will
not be open to the State Government to disregard the
view of the Commission. The Commission has directed
the State Government to report compliance. The State
Government is at liberty to challenge the order of the
Commission on merits since no appeal is provided by
the Act. While a challenge to the order of the
Commission is available in exercise of the power of
judicial review, the State Government subject to this
right, is duty bound to comply with the order.
Otherwise the purpose of enacting the legislation
would be defeated. The provisions of the Act which
have been made to enforce the constitutional
protection of life and liberty by enabling the
Commission to grant compensation for violations of
human rights would be rendered nugatory. A
construction which will produce that result cannot be
adopted and must be rejected.
8.17. The petitioner hereby submitsthat the object for
enactment of the Act, 1993 being for better protection
of human rights and enforcing the constitutional
guarantee of life and liberty in consonance with the
international covenants adopted by the UN General
Assembly, this Hon’ble Court should adopt a
construction which would advance the object of the
Act.In Tinsukhia Electric Supply Com. Ltd. Vs. State of
Assam &Ors. the Supreme Court held as follows:-
"118. The courts strongly lean against any construction which tends to
reduce a statute to futility. The provision of a statute must be so construed
as to make it effective and operative, on the principle "ut res majis valeat
quamperiat". ....."
20
8.18. A similar view was taken in Commissioner of
Income Tax Vs. M/s Hindustan Bulk Carriers wherein
it was held as follows:-
"23. A construction which reduces the statute to a futility has to be

avoided. A statute or any enacting provision therein must be so
construed as to make it effective and operative on the principle
expressed in the maxim ut res magis valeat quampereat i.e. a
liberal construction should be put upon written instruments, so as
to uphold them, if possible, and carry into effect the intention of the
parties. [See Broom's Legal Maxims (10th Edition), page 361,
Craies on Statutes (7th Edition), page 95 and Maxwell on Statutes
(11th Edition), page 221.]
24. A statute is designed to be workable and the interpretation
thereof by a Court should be to secure that object unless crucial
omission or clear direction makes that end unattainable. (See
Whitner v. Commissioner of Inland Revenue (1926) AC 37 p. 52
referred to in Commissioner of Income Tax v. S. Teja Singh [AIR
1959 SC 352], GursahaiSaigal v. Commissioner of Income Tax,
Punjab [AIR 1963 SC 1062].
25. The Courts will have to reject that construction which will
defeat the plain intention of the legislature even though there may
be some inexactitude in the language used. (See Salmon v.
Duncombe (1886) 11 AC 627 p. 634 (PC), Curtis v. Stovin (1839) 22
CBD 513 referred to in S. Teja Singh's case (Supra).
26. If the choice is between two interpretations, the narrower of
which would fail to achieve the manifest purpose of the legislation,
we should avoid a construction which would reduce the legislation
to futility, and should rather accept the bolder construction, based
on the view that Parliament would legislate only for the purpose of
bringing about an effective result. (See Nokes v. Doncaster
Amalgamated Collieries (1940) 3 All E.R. 549 (CL) referred to in Pve
v. Minister for Lands for NSW (1954) 3 All ER 514 (PC). The
principles indicated in the said cases were reiterated by this Court
in Mohan Kumar Singhania v. Union of India (AIR 1992 SC 1)."
8.19. The state has the obligation to protect victim’s right to life.
8.20. It is humbly submitted by the petitioner that every

nation has a written or unwritten constitution
functioning on conventions gives significance and
importance and in fact the primary concern to the life
and personal liberty of the person. In most of the
constitutions, right to life and liberty so also in case of
violation so also in case of violation of those core
21
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
Parmanand Katara 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
and the guilty may be punished. Social laws do not contemplate
death by negligence to tantamount to legal punishment.
22
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
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
23
(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
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
24
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. 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
25
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
26
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
stations, railway stations, cinema theatres, parks, beaches, places
of festival, public service vehicles or any other similar place. Eve-
teasing generally occurs in public places which, with a little effort,
can be effectively curbed. Consequences of not curbing such a
menace are, needless to say, at times disastrous. There are many
instances where girls of young age are being harassed, which
sometimes may lead to serious psychological problems and even
committing suicide. Every citizen in this country has the right to live
with dignity and honour which a fundamental right is guaranteed
under Article 21 of the Constitution of India. Sexual harassment
like eve-teasing of women amounts to violation of rights
guaranteed under Articles 14, 15 as well. We notice that in the
absence of effective legislation to contain eve-teasing, normally,
complaints are registered under Section 294 or Section 509 IPC”.
8.33. The Bureau of Police Research and Development in

one of its publications has stated ‘functions, roles and
duties of police in general’ wherein it has been
mentioned that the role and functions of police in
general are to uphold and enforce the law impartially
to protect life, liberty, property, human rights and
27
dignity of the members of the public. 1 Further, to
prevent crimes, and reduce the opportunities for the
commission of crimes through their own preventive
action and measures as well as by aiding and
cooperating with other relevant agencies in
implementing due measures for prevention of crimes.
It is the failure of Madhya Pradesh Police Department
in following the roles and functions in the prevention
of witch-hunting. It is the failure of Madhya Pradesh
Police Department in following the roles and functions
in the prevention of witch-hunting. That, it is the
failure of the police in identifying problem and
situations, aid an individual who is in danger of
physical harm, cooperate with other relevant agencies
for the prevention of the crime. Further, the police
department has also failed in creating and maintaining
a feeling of security in the community. That, such
behaviour of the police department hampers the right
to life with human dignity, fundamental right
guaranteed under Article 21 of the Constitution of
India.
8.34. It is humbly submitted by the petitioner that Article
51 of the Constitution of India states that the state is
having an obligation under Directive Principles of State
Policy which obligates that the state should
“endeavour to.... foster respect for international law and
treaty obligation in the dealings of organized people
with one another.”2This provision provides “a self-
evident directive” that the state must comply with
international law. The Supreme Court of India in the
case of Kesavananda Bharti Sripadagalvaru v.
State of Kerala and Anr. [AIR 1973 SC 1461] held
1
FUNCTIONS, ROLES AND DUTIES OF POLICE IN GENERAL , FUNCTIONS, ROLES AND DUTIES OF POLICE IN
GENERAL , http://bprd.nic.in/WriteReadData/userfiles/file/6798203243-Volume 2.pdf (last visited Aug 3,
2018).
2
INDIA CONST. art. 51.
28
that “it is the duty of these courts to construe our
legislation so as to be in conformity with international
law and not in conflict with it.”3 Elsewhere, the
Supreme Court in the case of Gramophone Company
of India, Ltd. v. Birendra Bahadur Pandy [1984
SCR (2) 664]has stated:-
“whatever has received the common consent of civilised nations
must have received the assent of our country, and that to which we
have assented along with other nations in general may properly be
called international law, and as such will be acknowledged and
applied by our municipal tribunals when legitimate occasion arises
for those tribunals to decide questions to which doctrines of
international law may be relevant.”
8.35. It is humbly submitted that Article 51 of the

Constitution of India and Supreme Court’s
jurisprudence require it to ensure that the state is in
compliance with its international obligations as well as
with its obligation under the Constitution of India and
the domestic laws.
8.36. The states within India must comply with
international law. The Directive Principles of State
Policy, which include Article 51, are “fundamental in
the governance of the country,” and the Supreme Court
in the case of Akhil Bhartiya Soshit Karamchari
Sangh v. Union of India [1981 SCR (2) 185] has said
that the states must apply the Principles. This means
that states too must “foster respect for international
law and treaty obligations.”Thus, International law is
not merely binding on the national government; rather,
states too must ensure, through legislative and
executive acts and court decisions that they are in
compliance with international treaties and covenants.
Therefore, the international obligation to prevent
witch-hunting extends to the State of Madhya Pradesh
as well. Furthermore, India’s international treaty
29
obligations to prevent witch-hunting are consistent
with Indian constitutional guarantees of right to life,
equality and the remedies for the infringement of
rights. Various provisions of the Constitution of India
mirror provisions in the Convention on Elimination of
All Forms of Discrimination Against Women, the
International Covenant on Civil and Political Rights,
the International Covenant on Economic, Social, and
Cultural Rights, and the Convention Against Torture.
In order for the state of Madhya Pradesh to be in
compliance with the obligations under these
conventions and covenants, it must interpret the
rights guaranteed in the Constitution such that they
conform to the guarantees under International law.
Indeed, the Supreme Court of India in the case of
Vishaka v. State of Rajasthan [AIR 1997 SC 3011]
has recognised that “the contents of the International
Conventions and norms are significant for the purpose
of interpretation” of rights already guaranteed in the
Constitution of India. For the foregoing reasons, the
state should consider and utilise the international law
and legal principles set forth herein to provide
adequate prevention of witch-hunting and protection
for its victims.
8.37. India has an obligation to protect citizen’s right to

life, which is codified in the Universal Declaration of
Human Rights and the International Covenant on Civil
and Political Rights. Under the Universal Declaration
of Human Rights, now widely recognised to be a
customary international law, Article 3 of the
convention provides that “Everyone has the right to life,
liberty and security of person.” Further, under Article 6
of the International Covenant on Civil and Political
Rights, every human being has a right to life, and no
30
one “shall be arbitrarily deprived of his life.”. Similarly,
the United Nations General Assembly’s Resolution
Extra-judicial, Summary, or Arbitrary Executions,
adopted in the year 2009, urges the states to, “Ensure
that the practice of extrajudicial, summary, or arbitrary
executions is brought to an end and ...... take effective
action to prevent, combat, and eliminate the
phenomenon in all its forms and manifestations.”
8.38. The substance of the right requires affirmative
measures to ensure its protection. The United Nations
Human Rights Commission in its General Comment
No. 6,in noting that the right to life is “the supreme
right from which no derogation is permitted even in
time of public emergency,” the committee stated that
parties have an affirmative obligation to take measures
to prevent and punish deprivation of life by criminal
acts. Further, although the text of the Convention on
Elimination of All Forms of Discrimination Against
Women does not describe the right to life, General
Comment No. 19 to Convention on Elimination of All
Forms of Discrimination Against Women notes that
gender- based violence that impairs or nullifies the
enjoyment by women of human rights and
fundamental in discrimination, and these rights
include the right to life. Consequently, these covenants
in combination impose an obligation on the State of
Madhya Pradesh to take affirmative measures to
prevent gender- based violence, especially when
violence often results in murder or culpable homicide
not amounting to murder.
8.39. The State of Madhya Pradesh also has an obligation
to prevent torture, cruel, inhuman, or degrading
treatment. The prohibition against torture is
considered a jus cogens norm that the State of Madhya
Pradesh is bound by. While, India has signed but not
31
ratified the Convention Against Torture and Other
Cruel, Inhuman, or Degrading treatment, its signature
of Convention Against Torture under the Vienna
Convention on the Law of Treaties obliges India to
refrain from acts which would defeat the object and
purpose of the treaty. Further, Article 7 of the
International Covenant on Civil and Political Rights,
which India has acceded to, prohibits “cruel, inhuman,
or degrading treatment.” Under its international
obligation, therefore, the State of Madhya Pradesh also
has the obligation to prevent torture, cruel, inhuman,
or degrading treatment.
8.40. The State of Madhya Pradesh has failed to protect
its citizen’s right to life, as it is not taking effective
measures to protect its citizen against arbitrary and
preventable losses of life. As noted above, over the last
twelve years, witch-hunts have taken the lives of
approximately two hundred people in the State of
Madhya Pradesh. Further, the statistics of crimes
related to witch-hunting is increasing year-by-year.
That witch-hunting does not always result in death;
the right to life has been construed broadly. In fact, as
noted above, the United Nations Human Rights
Committee has opted to interpret the right broadly. As
a result, it is likely that even in those instances where
witch-hunting does not result in killing, but instead
result in witches beaten, raped, tortured, imprisoned,
and driven from their villages, thus, the State of
Madhya Pradesh infringes on this expansive definition
of the right to life.
8.41. Under the relevant covenants, the State of Madhya

Pradesh has failed in its obligation to take affirmative
measures to combat the practice, as it is obliged to.
Despite recommended that the state “adopt
32
appropriate measures to eliminate the practice of witch-
hunting, prosecute and punish those involved, and
provide for the rehabilitation of, and compensation to,
victimized women,” the State of Madhya Pradesh failed
to take these measures into consideration. Further,
although the Committee recommended that the
measures taken should be “based on an analysis of its
causes, including control over land,” the State of
Madhya Pradesh has failed to collect any data or
undertake any analysis on the issue, and has thus
failed of its positive obligations.
8.42. Indeed the practise of witch hunting in the State of

Madhya Pradesh has been identified as the arbitrary
deprivation of life. Highlighting the rising incidence of
witchcraft related killings, the Special Rapporteur on
Extra-Judicial, Summary, or Arbitrary Killings noted
the need for treatment of killing based on accusation
of witchcraft as murder, properly investigation and
prosecution of such crimes, and effective prophylactic
measures to prevent the practise.
8.43. The state has an obligation to develop and promote

scientific temper among its citizens.
8.44. 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
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. The ojhas prefer to manipulate the
people through the advertisements made in
33
newspapers, public places and online platform. There
exist central legislations and regulations addressing
the promotions of these superstitious activities. The
Drug and Magic Remedies (Objectionable
Advertisements) Act, 1954 is 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. 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 “encourages superstition
or blind belief”. The Press Council of India after certain
ratification published Norm of Journalistic Conduct in
34
the year 2010 in 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 wrong doing
that come 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.”The aforesaid report
by National Commission for Women revealed that
generally in rural and tribal areas the ojhas take bribe
to accuse women as a witch.
8.45. In Hulikal Nataraju v/s State of Karnataka
[2010 SCC OnLineKar 532] a prominent rationalist
conducted programs exposing fraudulent godmen. He
stated in a TV program that certain phenomenon such
as the light appearing on makara sankranthi was
false. A complaint was lodged against him under
Section 298 of the Indian Penal Code stating that he
had wounded Hindu religious beliefs, and the
rationalist submitted a quashing petition before the
Karnataka High Court. In the decision granting the
petition, Justice Nagamohan Das said that even if the
entire contents of the complaint were taken, it did not
constitute an offence under Section 298. He traced the
35
longstanding traditions of rationalist thinking in India,
and said that the freedom of speech and expression
included the freedom to criticize. The judgment also
discusses the evils of superstition, which it
characterizes as a blind belief of faith not based on
reason, knowledge or experience. While the daily lives
of many Indians are governed by superstitions, there
are some that are “violent, dangerous, destructive,
harmful and inhuman”. The judgment cites examples
of human sacrifice and witch-hunting, and goes on to
say:
“15. There are superstitions which are violent, dangerous,
destructive, harmful and inhuman. The superstition of human
sacrifice still continues. The practice of torturing women to death in
the name of ‘Witches’ or ‘Sorceress’ is still continuing. The greatest
damage done by these harmful superstitions is that they deflect
attention from the primary cause and lead to defeatist attitude of
helpless acceptance. They stand in the way of unearthing the root
cause and undertaking adequate remedial steps. They made the
ignorant people weak and driven them for mental laziness. They
deprived the people of all grandeur and historical energies. They
subjected man to external circumstances, instead of elevating man
to be the sovereign of circumstances. They transformed a self-
developing social state into never changing natural destiny. These
superstitions are perpetuating and promoting exploitation, slavery,
untouchability, inferiority complex, superiority complex, caste,
creed, gender, and varna based inequalities. They became
instruments in the hands of few to exploit, cheat and deceive the
ignorant people.”
8.46. Similarly, the case of Nirmaljit Singh Narula v/s

Yashwant Singh [(2012) 132 DRJ 370]was a
defamation case in which the plaintiff was a Godman
and the defandants were the authors of allegedly
defamatory articles against him that had received
widespread attention. The judgment of the Delhi High
Court spoke at length about fraudulent godmen and
‘babas’:
“…… the mystical sadhus and the godmen have not left the
picture the difference may be that some of the sadhus travel by a
private jet and have a turnover worth crores making even the
business tycoons feel jittery… The God Market that has come
36
about in India has struck a chord abroad and the Babas and
saints, innumerable and diverse have tutelage they boast of
including a nobody to celebrity..... anyone who can claim to heal
or provide a shortcut to alleviate their pain and suffering occupies
the stature of God in their lives.”
About the presence of godmen on broadcast

networks, the court said that “The SpritualBabas
and Sadhus who have entered into our lives through
the electronic media and other websites are no
exception to the said self-restraint norms and
regulations.” The court granted a conditional
injunction whereby the respondents were restrained
from publishing about the plaintiff as long as the
plaintiff refrained from giving “absurd and illogical
solutions”.
8.47. The Supreme Court in the case of C. Masilmani

Mudaliar v/s Idol of Sri Swaminathaswami
Swaminathaswami Thirukoli [(1996) 8 SCC 525]
has stated that:-
“22.Article 15(3) of the Constitution of India positively protects

such Acts or actions. Article 21 of the Constitution of India
reinforces "fright to life". Equality, dignity of person and right to
development are inherent rights in every human being. Life in its
expanded horizon includes all that give meaning to a person's life
including culture, heritage and tradition with dignity of person. The
fulfilment of that heritage in full measure would encompass the
right to life. For its meaningfulness and purpose every woman is
entitled to elimination of obstacles and discrimination based on
gender for human development, women are entitled to enjoy
economic, social, cultural and political rights without discrimination
and on footing of equality. Equally in order to effectuate
fundamental duty to develop scientific temper, humanism and the
spirit of enquiry and to strive towards excellence in all spheres of
individual and collective activities as enjoined in Article 51-
A(h) and (J) of the Constitution of India, facilities and
opportunities not only are to be provided for, but also all forms of
gender based discrimination should be eliminated. It is a mandate
to the State to do these acts. Property is one of the important
endowments or natural assets to accord opportunity, source to
develop personality, to be independent, right to equal status and
dignity of person. Therefore, the State should create conditions and
facilities conducive for women to realize the right to economic
development including social and cultural rights.”.
Thereby, it is the duty of the state to come up with

certain stringent guidelines so that the scientific
37
temper of the citizens living in the State of Madhya
Pradesh could be developed.
8.48. The state has an obligation to adopt legislative

measures to protect against witch-hunting.
8.49. India has an international obligation to adopt

legislative measure to protect its citizens from the
practice of witch-hunting. This obligation is expressed
in various international covenants. India is a signatory
to the Universal Declaration of Human Rights to give
protection to its citizens from discrimination and all
sorts of violence against them under Article 5 of the
aforesaid convention. Besides, Article 2 of the
International Covenant on Civil and Political Rights
provides that “[w]here not already provided for by
existing legislative or other measures, each state party
to the present covenant undertakes to take necessary
steps....... to adopt such laws or other measures as may
be necessary to give effect to the rights recognised in
the present covenant.”The Convention on Elimination
of All Forms of Discrimination Against Women resolved
that the countries, which have ratified the same,
should take appropriate steps to eliminate all forms of
discrimination against women. Article 5 clause ‘a’ of
the Convention on Elimination of All Forms of
Discrimination Against Women further provides that
the state shall take appropriate measures to modify
social and cultural pattern of conduct of men and
women.
8.50. The Committee of Elimination of Discrimination
against Women of the United Nations in the 51 st
Session held between 13th February to 2nd March, 2012
has given, its concluding observations on the
elimination is discrimination against women.The
committee also recommended eliminating stereotype
38
and harmful practice. The committee observed as
follows:-
“21. The Committee recognizes the rich culture & tradition? of the
State party & their importance in daily life. However, the
Committee expresses its serious concern about the persistence of
harmful norms, practices & traditions, patriarchal attitudes &
deep-rooted stereotypes, regarding the roles, responsibilities &
identities of women & men in all spheres of life, as well as the
State party's limited efforts to address such discriminatory
practices.-These include, in particular, polygamy, bride price
(lobola), & in certain regions, virginity testing & witch hunting. The
Committee is concerned that such customs & practices perpetuate
discrimination against women & girls & that they are reflected in
women's disadvantageous & unequal status in many areas,
including education, public life, decision-making & in the
persistence of violence against women, & that, thus far the State
party has not take sustained measures to modify or eliminate
stereotypes & harmful practices.
22. The Committee urges the State party to:
(a) Put in place, without delay, a comprehensive strategy to modify
or eliminate patriarchal attitudes & stereotypes that discriminate
women in conformity with the provisions of the Convention. Such
measures should include efforts, in collaboration with civil society
& community & religious leaders to educate & raise awareness of
this subject, targeting women & men at all levels of the society;
(b) More vigorously address harmful practice by expanding public
education programmes & by effectively enforcing the prohibition of
such practices, in particular, in rural areas;
(c) Use innovative measures that target media people to strengthen
understanding of the equality of women & men &through the
educational system to enhance a positive & non-stereotypical
portrayal of women; &
(d) Monitor & review the measures taken in order to assess their
impact & to take appropriate action.”
8.51. It is clear that the Committee of Elimination of

Discrimination against Women also endorse witch-
hunting as one of the harmful practices. The state
should formulate preventive strategy to eliminate such
practice. The similar observation has been made by
Orissa High Court in the case of Sashiprava
Bindhani v. State of Orissa and Ors [(2012) 117
AIC 883].
39
8.52. The decision reported in the case of Vishaka v.
State of Rajasthan [(1997) 6 SCC 241] wherein the
Supreme Court has taken into consideration the
provisions of the Convention on Elimination of All
Forms of Discrimination Against Women and held as
follows:-
“16. In view of the above, & the absence of enacted law to provide
for the effective enforcement of the basic human right of gender
equality & guarantee against sexual harassment & abuse, more
particularly against sexual harassment at work places, we lay
down the guidelines & norms specified hereinafter for due
observance at all work places or other institutions, until a
legislation is enacted for the purpose. This is done in exercise of
the power available under Article 32 of the Constitution for
enforcement of the fundamental rights & it is further emphasized
that this would be treated as the law declared by this Court under
Article 141 of the Constitution.”
8.53. Tenseen Poonawalla case

8.54. Witch-hunting, which is prevalent in several states
leads to dispossession, torture and murder but as of
date, although India is signatory to the Convention on
Elimination of All Forms of Discrimination Against
Women no steps have been taken to enact appropriate
law to curb the menace of witch-hunting, which is
prevalent in the state. States like Bihar, Jharkhand,
Chhattisgarh, Maharashtra, Rajasthan and Odisha
have already taken steps to eradicate such practices
but the State of Madhya Pradesh has not taken any
steps with regards to eradicating such practices.
8.55. It is, therefore, urged by the petitioner that in view
of the fact that there is no legislation to tackle the
problem of witch-hunting, this court should give
direction to the State Government to introduce
appropriate law before the legislature and in
interregnum provide guidelines to prevent witch-
hunting in the State of Madhya Pradesh.
40
9. DETAILS OF REMEDIES EXHAUSTED.
The Petitioners declares that he has no alternative or equally

efficacious remedy except to approach this Hon’ble Court and
file present petition.
10. DELAY IF ANY, IN FILING THE PETITION, AND EXPLANATION

THEREOF.
There is no delay requiring special explanation.
11. PRAYERS.
In the views of the facts and circumstances stated above, it is

prayed that this Hon’ble Court in public interest may be pleased
to:-
11.1. Direct the state government to come up with
legislative or administrative measure in order to curb
this practise;
11.2. Direct the National Crime Record Bureau and State
Crime Record Bureau to record and prepare the
statistical record of all the specific crime;
11.3. Direct the state authorities to start educational and
social awareness campaigns in order to make people
beware from this superstitious practise;
11.4. Direct the state authorities to prevent the promotion
and publication of the misleading advertisements of
ojhas in any form of publication;
11.5. Direct the state authorities to impose heavy
penalties on the person who is preparing, printing,
and publicising the material which is ultimately
leading to the advertisement of ojhas;
41
11.6. Issue such other writ, direction, or order which this
Hon’ble Court may deem fit and proper under the facts
and circumstances of the case.
12. INTERIM ORDER, IF PRAYED FOR.
In the views of the facts and circumstances stated above, it is

prayed that this Hon’ble Court in public interest may be pleased
to:-
12.1. Direct the state to come up with any legislative or
administrative measures for the prevention and
prohibition of witch-hunting in the State of Madhya
Pradesh in the form of interim relief.
13. CAVEAT:
That, no notice of lodging a Caveat by the opposite party is

received.
Indore Submitted by
Dated: / /2019
42

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IN THE HON’BLE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE.

WRIT PETITION (PIL) NO. ______ OF ______

Aman Sethiya ...........PETITIONER;

Aged: 22 years; Occupation: Student;

The State of Madhya Pradesh ...........RESPONDENT 1;

Department of Home Affairs. ...........RESPONDENT 2;

Directorate Women and Child Development Department.. RESPONDENT 3.

IN THE HON’BLE HIGH COURT OF MADHYA PRADESH BENCH AT

PETITIONER : Aman Sethiya

RESPONDENTS : The State of Madhya Pradesh & Others

Sr. Description of Documents Date Annexure Page No. of

1. Chronology of dates & events

2. Writ petition along with

4. Case of Sashiprava Bindhani

5. Research study on violence

7. News articles highlighting P/4

8. Annual Report of Crimes in P/5

9. Copy of Right to Information P/6

10. Reply of National Crime P/7

11. Acknowledgement letter by

12. Order of the National Human P/9

13. Advertisements made by P/10

14. Copy of Cable Television P/11

15. Copy of Norm of Journalistic P/12

Place: Indore Submitted by

IN THE HON’BLE HIGH COURT OF MADHYA PRADESH BENCH AT

WRIT PETITION (PIL) NO. ______ OF ______

RESPONDENTS : The State of Madhya Pradesh & Others

Sr. Particulars Date of Original/ Number

P/1 Case of Sashiprava

P/2 Research study on violence

P/3 News articles highlighting

P/4 News articles highlighting

P/6 Copy of Right to

P/7 Reply of National Crime

P/8 Acknowledgement letter by

P/9 Order of the National

P/10 Advertisements made by

P/11 Copy of Cable Television

P/12 Copy of Norm of

Place: Indore Submitted by

WRIT PETITION (PIL) NO. ______ OF ______

PETITIONER : Aman Sethiya

RESPONDENTS : The State of Madhya Pradesh & Others

CHRONOLOGY OF DATES AND EVENTS

Sr. Date Event

1. The petitioner came across the evil practise of

2. 08/11/2017 The petitioner thereafter filed a Right to

3. 23/11/2017 The reply to the Right to Information application

4. 16/08/2018 Taking the matter into consideration, the

5. 08/10/2018 The State Government of Madhya Pradesh

6. 19/12/2018 The National Human Rights Commission

7. The petitioner asked for the compliance of the

8. The petitioner also finds the role of Aghori and

9. The petitioner is now concerned with the issue

10. The petitioner is also concerned with the fact that

11. Hence this petition.

Place: Indore Submitted by

WRIT PETITION (PIL) NO. ______ OF ______

PETITIONER : Aman Sethiya

RESPONDENTS : The State of Madhya Pradesh & Others

WRIT PETITION (PUBLIC INTREST LITIGATION) UNDER ARTICLE 226 OF

Petitioner most respectfully submits as under:

1. Particulars of the cause/order against which the petition

WRIT PETITION (PIL) NO. OF

WRIT PETITION (PIL) NO. OF

WRIT PETITION (PIL) NO. OF

WRIT PETITION (PIL) NO. OF