Kerala High Court slams the state government, demanding clarity on legal and constitutional issues that led the cabinet to defer the proposed law banning black magic and sorcery.
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KOCHI: The Kerala High Court has called upon the state government to explain why the proposed law banning black magic, sorcery, and inhuman rituals was deferred by the cabinet.
In a recent hearing, a Division Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji directed the government to submit a detailed clarification regarding the legal and constitutional complexities that prompted the withdrawal of the proposed bill from the cabinet’s agenda.
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Background of the Proposed Legislation
The state government had previously prepared a draft titled “The Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2022”, formulated on the recommendations of the Law Reforms Commission headed by Justice K T Thomas. The move was prompted by rising concerns over ritualistic violence and harmful superstitions, particularly after the shocking ritual human sacrifice of two women in Pathanamthitta district in 2022.
The petition, filed by the Kerala Yukthivadi Sangham in 2022, seeks the enactment of a comprehensive anti-superstition law similar to those already in force in Maharashtra and Karnataka. The PIL argues that such legislation is crucial in a modern society where practices based on superstition often result in violence, exploitation, and public deception.
The organization claimed,
“The Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, is one of the recommended statutes. But so far, no attempt has been made on the part of the state on the matter.”
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Government’s Stand
During the hearing, the government stated that although the proposed bill was removed from the cabinet agenda in July 2023, it has not abandoned the subject and that it remains under active consideration. The government also claimed that current laws, including the Bharatiya Nyaya Sanhita (BNS), Drugs and Magic Remedies Act, Kerala Police Act, SC/ST (Prevention of Atrocities) Act, POCSO Act, and the Juvenile Justice Act, are used to prosecute offences arising from magical or supernatural claims.
However, the High Court observed that such claims need evidentiary backing. It has now directed the state to provide,
- A brief explanation of the constitutional and legal hurdles that caused the bill to be shelved temporarily.
- Detailed data on past prosecutions in the last five years, where general laws were used to punish crimes committed under the guise of supernatural practices.
- An affidavit specifying a tentative timeline by which the government intends to finalize its decision on the proposed legislation.
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Interestingly, the original PIL was dismissed in June 2023 due to the non-appearance of the petitioner. However, it was subsequently restored by the High Court, indicating the seriousness of the matter and the public interest involved. The Yukthivadi Sangham continues to press for legislative action, arguing that entertainment content promoting sorcery and superstition on OTT platforms, television, and YouTube also warrants legal scrutiny, except for content with artistic or socially relevant intent.
Further hearing is scheduled on August 5.
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