SASHIPRAVA BINDHANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN these writ petitions, the petitioners pray to direct the State Government for framing of guidelines to deal with the cases of witch -hunting and to protect women from such hunting till legislation is framed in this regard.

(2.) THE petitioners in their applications have described the instances of murders on the allegations that the deceased was practicing witchcraft. The petitioners have pleaded about several such incidents in the State of Orissa. It is further pleaded that the persons committing the murder do so under the influence of 'Gunias. As such, it is pleaded that the propagators of the crime are generally not in a fit state of mind while committing the crime. The person often believes that he is doing the right thing while committing murder of a person, who is alleged to be practicing witchcraft. Such state of affairs is prevalent in all the tribal districts of the State.

(3.) THE petitioners rely on the reported case of Bishaka and others v. State of Rajasthan and others reported in AIR 1997 SC 3011, wherein the Supreme Court has taken into consideration the provisions of the CEDAW and has held as follows: