Safiya Malik

The Orissa High Court has issued directives to the Superintendent of Police (SP), Mayurbhanj, in response to a petition alleging social discrimination and obstruction in the performance of death rituals. The petitioner sought judicial intervention regarding social ostracization and restrictions on accessing common resources. The court directed the police administration to ensure the petitioner's rights are safeguarded, while also mandating the submission of an affidavit detailing steps taken by law enforcement.

The writ petition was filed by Sundar Mohan Majhi, represented by counsel Mr. B.K. Mishra, against the State of Odisha and other parties. The petitioner alleged that he was subjected to social ostracization in his village and was being prevented from harvesting paddy from his own agricultural land. The petition further stated that he was denied access to community resources, including water sources, due to prevailing social restrictions.

Following an earlier order dated 29 January 2025, the Superintendent of Police, Mayurbhanj, and the Inspector-in-Charge (IIC) of Bangiriposi police station appeared before the court through virtual mode. The court recorded their submissions and considered the issues raised by the petitioner.

The petitioner also informed the court that he was unable to perform the death rituals of his deceased wife due to opposition from certain groups within the village. He sought police protection and intervention to ensure his ability to conduct the rituals without external interference.

The State of Odisha, represented by Additional Government Advocate Mr. Sanjay Rath, was directed to respond to the allegations and take appropriate measures to address the petitioner's grievances. The court observed that the matter required immediate attention, given its implications on fundamental rights and social justice.

The court recorded that the case involved serious allegations of social discrimination and denial of fundamental rights. It stated that law enforcement authorities must act proactively to prevent further harm to the petitioner. The court directed: "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."

Additionally, the court instructed the police to outline the proactive measures taken to reintegrate the petitioner into the community. The order stated: "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 court directed that the affidavit must be filed by 25 February 2025, ensuring accountability in law enforcement’s response to the allegations.

In its interim order, the court issued the following directives:

1. The police administration was directed to assist the petitioner in performing the death rituals of his deceased wife. The order specified: "In the meantime, the police administration shall extend assistance to the Petitioner to perform the death ritual of his deceased wife."

2. The court restricted external interference in the performance of the rituals, stating:
   "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."

3. The police were instructed to ensure that the petitioner has access to essential community resources. The court ordered: "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."

4. The personal appearance of the Superintendent of Police, Mayurbhanj, and the IIC, Bangiriposi, was dispensed with for future hearings.

5. The matter has been listed for further consideration on 25 February 2025, by which time the affidavit detailing police action must be submitted.

Case Title: Sundar Mohan Majhi v. State of Odisha & Ors.
Case Number: W.P.(C) No. 2750 of 2025
Bench: Justice Sanjeeb Kumar Panigrahi

[Read/Download order]