Rajeev Kumar Upadhyay Vs Srikant Upadhyay 2024 INSC 1008 – Constitution – Dignity – Witchcraft

Constitution of India – Article 21 – Dignity is an invaluable aspect of Indian Constitutional jurisprudence, and there exists a duty upon the State to take all action to protect the same- Dignity goes to the very core of the existence of an individual in society. Any action which undermines dignity either by an act of another person or that of the State is potentially going against the spirit of the Constitution of India, which guarantees the security of all persons by ensuring that justice, liberty and equality are avouched for each and every person. By extension, if the dignity of a person is compromised, their human rights, available to them by virtue of them being humans and guaranteed by various enactments, both national and international, are imperilled. (Para 1)

Summary: The case revolves around serious allegations of assault, abuse, and accusations of witchcraft against two women in a rural area-The FIR, dated March 4, 2020, details the abuse against the victims, including assault, stripping in public, and accusations of witchcraft. The police initially charged only one individual, but the court later widened the charges to include all named in the FIR after reviewing the evidence. The Supreme Court criticized the lower courts and authorities for their handling of the case, particularly the High Court’s stay of proceedings, and emphasized the need for sensitivity and urgency in such cases-Ultimately, the Supreme Court directed the trial to proceed promptly.