Casteism not over even after 75 years of Independence: SC

NEW DELHI: Incidents of castemotivated violence show that casteism has not been annihilated even after 75 years of independence and it is high time civil society reacts and responds with “strong disapproval” about the ghastly crimes committed in the name of caste, the Supreme Court has said.

The apex court, which delivered its verdict on a batch of pleas in a 1991 Uttar Pradesh honour killing case, in which three persons, including a woman were killed, said it had earlier issued several directions to authorities to take strong measures to prevent honour killings. Those directives should be carried out without any further delay, it said.

A bench headed by Justice L Nageswara Rao also said that to avert trial getting tainted and “truth becoming a casualty”, the State has a definite role to play in protecting witnesses, to start with, at least in sensitive cases involving those in power who have political patronage and could wield muscle and money power. It said that “bigotry” perpetuated by caste-based practices, which are prevalent even today, impedes the Constitution’s objective of equality for all citizens.

“Two young men and a woman were physically assaulted for nearly 12 hours and killed by the accused for violating caste-ridden societal norms. These episodes of caste-motivated violence in the country demonstrates casteism has not been annihilated even after 75 years of independence,” the bench, also comprising justices Sanjiv Khanna and B R Gavai, said.

The top court, while upholding the Allahabad High Court verdict with regard to conviction of 23 accused in the case, acquitted three persons in view of ambiguity in their identity.

Referring to the aspect of witness protection, the bench noted that 12 prosecution witnesses in the case turned hostile.

“Even if the witnesses have turned hostile, their evidence can be accepted, if they are natural and independent witnesses and have no reason to falsely implicate the accused,” it said.

The apex court said the right to testify in courts in a free and fair manner, without any pressure and threat whatsoever, is “under serious attack today”, and if one is unable to testify in courts due to threats or other pressures, then it is a clear violation of the rights under articles 19 (1) (a) and 21 of the Constitution. “Right to life guaranteed to the people of this country also includes in its fold the right to live in a society which is free from crime and fear, and the right of witnesses to testify in courts without fear or pressure,” it said.