Supreme Court upholds life term in Odisha witch killing case

In New Delhi, two days ago, the Supreme Court upheld the life imprisonment of Balku Oram for the 1998 murder of a woman branded a witch in Sundargarh district, Odisha. A bench of Justices Prashant Kumar Mishra and NV Anjaria dismissed his appeal against the Odisha High Court’s September 2022 judgment, emphasizing that the daughter’s eyewitness testimony alone was sufficient for conviction. The Court warned that allowing superstition‑driven violence to evade the rule of law threatens constitutional democracy, stating that "constitutional democracy cannot survive" if such practices continue.

What did the Supreme Court say about witch‑branding violence?

The Court observed that violence against women in the name of witchcraft continues in parts of society, where superstition, prejudice and irrational fear can override constitutional values. It quoted Dr BR Ambedkar, saying, "A just society is one where a growing sense of respect and a declining sense of contempt together create a sensitive society." The bench warned that if such practices continue to evade the rule of law and constitutional morality, "constitutional democracy cannot survive".

It also noted that the cruelty of witch‑branding does not end with murder, often extending to torture, assault, sexual violence and social exclusion. The Court added that the case is a reminder that justice must always prevail over superstition and irrational beliefs. It further observed that blaming a woman who has done nothing wrong becomes an easy solution in difficult situations, exposing a deep‑rooted prejudice that seeks a scapegoat instead of addressing the real cause.

How did the case move from trial to the Supreme Court?

In February 1998, a girl died in a village of Sundargarh district; her family alleged that the victim’s supposed witchcraft caused the death. Balku Oram and an accomplice dragged the woman from her house and attacked her, killing her in front of her daughter. An FIR was filed on the daughter’s complaint, leading to a trial court conviction of murder and other offences, with life imprisonment for both accused.

The Odisha High Court upheld the trial court’s judgment in September 2022, after which an appeal was filed. The bench comprising Justices Prashant Kumar Mishra and NV Anjaria heard the appeal and delivered its verdict two days ago, affirming the lower courts’ findings and maintaining the life sentence.

What evidence formed the basis of the conviction?

The Supreme Court emphasized that strong direct evidence existed against the accused. It stated that when direct evidence comes from the only eyewitness in a case, there is no legal bar to convicting the accused solely on that testimony, adding that the number of witnesses is not important; the quality of their evidence matters.

The daughter’s eyewitness account was therefore sufficient to sustain the conviction, and the Court found no legal impediment to relying on her statement alone. The bench affirmed the life imprisonment imposed by the trial and high courts.

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