Kerala told the High Court it won’t enact the 2022 Black Magic Bill due to a cabinet policy decision. The draft law aimed to curb inhuman practices like sorcery and rituals.
Kochi: Today on June 24, the Kerala State Government has informed the Kerala High Court that it will not be going ahead with its earlier plan to introduce a law banning black magic, sorcery, and other inhuman practices.
This decision was conveyed through an official affidavit filed before a division bench led by Chief Justice Nitin Jamdar.
The government told the court that the decision not to proceed with the proposed legislation was taken as a matter of policy by the Kerala Cabinet.
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This means that although a draft law was made and discussed, the ministers decided not to bring it into force after further consideration.
Earlier, a draft bill had been prepared with the name
“The Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2022.”
This bill was drafted based on the suggestions and detailed input from the Law Reforms Commission, which had studied the matter and recommended legal measures to deal with such harmful practices.
However, in the affidavit submitted in court, the government explained that after internal discussions and policy-level decisions, the
“council of ministers decided on July 5, 2023, not to go ahead with the legislation.”
This decision came as a response to the ongoing case in the Kerala High Court regarding inhuman rituals and black magic activities being performed in certain parts of the state.
The petitioners in the case had urged the government to bring in a law similar to Maharashtra’s anti-superstition law, aimed at curbing harmful and superstitious practices that often lead to physical harm, abuse, and even death.
The state’s decision to not pass the law was unexpected, especially given the increasing number of reports in recent years of human sacrifices and other violent acts linked to black magic and superstitions.
The affidavit, however, makes it clear that the government has taken a deliberate stand on the matter and does not currently intend to criminalise such activities through separate legislation.
The affidavit mentioned that the bill was indeed under consideration, and a draft was made in 2022. But it also added clearly that the
“council of ministers decided on July 5, 2023, not to go ahead with the legislation.”
The High Court has now taken the affidavit on record and will continue hearing the case.
Background of The Case
According to the petitioners, there is a pressing need for a specific law in Kerala to address and prevent cruel and inhuman acts committed in the name of black magic, sorcery, and other evil practices.
They argued that the absence of such legislation allows these harmful rituals to continue unchecked, often resulting in exploitation, fear, and even fatal incidents.
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To support their demand, they cited the work of the Law Reforms Commission of Kerala, which was headed by retired Supreme Court judge Justice K.T. Thomas.
This commission had studied the issue in depth and submitted a detailed report to the state government in 2019, recommending strong legal action to curb such practices.
The petitioners pointed to a proposed draft law mentioned in the report, titled:
“The Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill-2019.”
Highlighting the state’s inaction, the petition stated:
“The Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill-2019, is one of the recommended statutes. But so far, no attempt has been made on the part of the state on the matter.”
The petitioners also stressed that other progressive states like Maharashtra and Karnataka have already enacted laws to tackle black magic and superstitious practices.
They urged that Kerala, known for its progressive outlook, should not delay further in taking legislative steps.
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In addition to legislation, the petition raised serious concerns about how black magic and occult beliefs are being promoted in the media, including films, OTT platforms, serials, and YouTube videos. The petitioners sought a declaration from the court that:
“films on big screens and OTT platforms, and several serials and other telefilms, aired on television channels and YouTube, having content of superstitious beliefs, including sorcery and occult practices, exempting those having good intentions and having good artistic values, are illegal.”
Case Title:
Kerala Yukthivadi Sangham v. State of Kerala
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