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2016 DIGILAW 597 (CAL)

MOYNA MURMU v. STATE OF WEST BENGAL

2016-08-02

JOYMALYA BAGCHI

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JUDGMENT : Joymalya Bagchi, J. 1. Mr. Nilanjan Bhattacharjee, learned advocate, appears on behalf of the writ petitioner in both the writ petitions and submits that the writ petitioners who had been driven out of their villages on suspicion of practicing witchcraft have been restored to their home and hearth and adequate police assistance has also been given to them. 2. It appears that the guidelines were laid down by the Orissa High Court in the authority of Sashiprava Bindhani Vs. State of Orissa reported in 2012 (117) AIC 883 with regard to the witch hunting. 3. It further appears that in the case of Gaurav Jain Vs. State of Bihar & Ors. reported in 1991 Supp (2) SCC 133, while the Apex Court declined to issue mandamus upon the State of Bihar to pass special legislation on the issue of witch hunting but the Court laid down broad guidelines to control the evil practice law. In the said decision, the Apex Court held as follows:- “. . .We, therefore, consider it appropriate to call upon the State of Bihar to consider the setting up of a special cell in each of the districts vulnerable to witch hunting and allowing intelligence officers in plain clothes to move about in such areas at regular intervals collecting such information and the cell in the police headquarters to maintain up-to-date position by collecting the information, passing on such instructions as may be necessary to keep a proper watch in the localities and carrying on such activities as may be relevant to stopping of witch hunting practice. Instead of giving an outright direction, we consider it appropriate to look for the response of the State Government keeping in view what we have said above so that on the adjourned date a final order could be made.” 4. In view of the aforesaid observations of the Apex Court, I direct the State authorities to undertake the following steps in order to ensure and eradicate the evil practice of witch hunting:- (a) The State Government shall form a Committee comprising of experts from the field of public administration, sociologists, etc. In view of the aforesaid observations of the Apex Court, I direct the State authorities to undertake the following steps in order to ensure and eradicate the evil practice of witch hunting:- (a) The State Government shall form a Committee comprising of experts from the field of public administration, sociologists, etc. to look into the prevalence of the practice of witch hunting in various districts in the State of West Bengal with special emphasis in tribal areas and the Committee shall submit its report to the State Government within six months from date of the order; (b) The Committee shall specify in its report the areas in the State of West Bengal, if any, where there is substantial prevalence of the practice of witch hunting and based on such report the Government shall form special cells in the concerned districts to deal with the issue of witch hunting in the said districts. The Government shall also post intelligence and police officers in such special cells who would carry on surveillance activity, collection of information and/or intelligence in the matter and, if necessary, take preventive measures to ensure that such unlawful practices are not carried on. (c) Officers of the special cell would also, in the event an witch hunting activity is indulged, promptly register criminal cases against the offenders and take necessary remedial measures in the matter. (d) The victims of witch hunting shall be given District legal assistance through the Legal Services Authority as aggrieved persons who are entitled to legal aid under The Legal Services Authorities Act, 1987 and they shall also be extended necessary medical and psychological help and/or protection as they are the vulnerable witnesses of the crime by the State. (e) The State Government may also explore the possibility of formulating a Comprehensive Victim Compensation Scheme under Section 357A of the Code of Criminal Procedure for victims of witch hunting. 5. With the aforesaid directions, the writ applications are disposed of without, however, any order as to costs. 6. Registry is directed to send copy of the order to the Chief Secretary, State of West Bengal, Director General of Police, West Bengal and Member Secretary, State Legal Services Authority for necessary compliance.