Orissa HC Allows Tribal Man Ostracized For 18 Years Over Alleged Sorcery Claims To Perform Last Rites Of Wife
The Orissa High Court was considering a Writ-Petition seeking direction to the Opposite Parties to take action against the accused persons, who have held Kangaroo court and ostracized the family of the Petitioner for the last 18 years by restricting them to access the public institutions, public well and pond to take water for their use and also imposed fine of Rs.25,000/- for practicing sorcery.
The Orissa High Court has allowed a Tribal man whose family has been ostracized for the last 18 years over alleged sorcery claims to perform last rites of his deceased wife.
The Court was considering a Writ-Petition seeking direction to the Opposite Parties to take action against the accused persons, who have held Kangaroo court and ostracized the family of the Petitioner for the last 18 years by restricting them to access the public institutions, public well and pond to take water for their use and also imposed fine of Rs.25,000/- for practicing sorcery.
The single-bench of Justice SK Panigrahi observed, "The Superintendent of Police, Mayurbhanj is directed to file an affidavit regarding the steps taken on the issues especially on the issue of the social boycott and restrained in harvesting the paddy from his own agricultural land and any other issues faced by the Petitioner. He shall also explain as to what proactive steps have been taken by the police administration to bring the present Petitioner into the mainstream against such orthodox people. The affidavit shall be filed by 25th February, 2025."
The Petitioner was represented by Advocate B.K. Mishra while the Respondent was represented by Additional Government Advocate Sanjay Rath.
Counsel for the Petitioner submitted that recently in the aftermath of the death of the wife of the present Petitioner, the villagers had restrained the Petitioner to perform the death ritual of his wife. He further submitted that the villagers have also restrained harvesting of the paddy from his own agricultural land of the Petitioner which is totally uncalled-for and violated the fundamental right of the present Petitioner.
The Counsel contended that the Petitioner had approached the local Police Station but the Police did not take any action against the accused persons.
The Court asked the Superintendent of Police to file an affidavit regarding the police administration to extend assistance to the Petitioner to perform the death ritual of his deceased wife.
"It is also made clear that, no member of any NGO except the family members of the Petitioner should be there to perform the death ritual without any assistance. The police administration shall also take steps to allow the Petitioner to use the water from common well including the tube-well and other common resources of the village," the Court clarified.
Cause Title: Sundar Mohan Majhi vs. State of Odisha & Ors.
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