‘Is the State endorsing evil practices?’: Kerala HC questions govt on black magic bill
Follow TNM’s WhatsApp channel for news updates and story links.The Kerala High Court, on Monday, June 23, expressed strong displeasure over the State government’s continued inaction in legislating against black magic, sorcery, and other inhuman practices. A division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji was hearing a public interest litigation filed by the Kerala Yukthivadi Sangham, urging the court to direct the State to enact the Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019.According to Live Law, the State informed the court that the Council of Ministers had, on July 5, 2023, resolved not to proceed with the draft bill. The government argued that the decision was a matter of policy and that the judiciary could not compel legislation through a writ of mandamus.The court, while accepting this legal position, pressed the government on whether it intended to take any steps at all. “However, this does not mean that the State should not take any steps if it is of the opinion that such practices need to be curbed,” the bench noted, directing the Home Department Secretary to file an affidavit clarifying the government's future course of action.The bench also observed that the affidavit submitted by the State failed to state whether it endorses or condemns such inhuman practices. “Though it had expected a detailed affidavit, the one submitted merely asserted that no direction could be issued to enact a law,” the court remarked.The petition stems from a 2022 incident in Pathanamthitta district involving the ritualistic human sacrifice of two women. Citing this and a more recent 2024 incident involving the suspected suicide of three individuals allegedly during black magic rituals, the PIL seeks urgent legislative intervention.According to The Hindu, the State acknowledged that a draft bill had indeed been prepared in 2019 based on recommendations from the KT Thomas Commission, which was a law reforms body constituted by the Kerala government to recommend legal and policy changes on various social and legal issues. However, it confirmed that no further action was taken following the July 2023 Cabinet decision. The court also noted the lack of follow-up despite the Law Reforms Commission’s recommendation.The PIL, initially dismissed in June 2023 due to non-appearance, was later restored. It seeks not only a statutory ban on black magic and sorcery, like those enacted in Maharashtra and Karnataka, but also a declaration deeming media content that promotes superstition and occult practices as illegal, barring exceptions for content with artistic merit.The court has now directed the State to file a comprehensive affidavit within three weeks, outlining what steps, if any, it plans to take in absence of formal legislation.The matter is posted for further hearing on July 15, 2025.
Follow TNM’s WhatsApp channel for news updates and story links.
THE Kerala High Court, on Monday, June 23, expressed strong displeasure over the State government’s continued inaction in legislating against black magic, sorcery, and other inhuman practices.
A division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji was hearing a public interest litigation filed by the Kerala Yukthivadi Sangham, urging the court to direct the State to enact the Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019.
According to Live Law, the State informed the court that the Council of Ministers had, on July 5, 2023, resolved not to proceed with the draft bill. The government argued that the decision was a matter of policy and that the judiciary could not compel legislation through a writ of mandamus.
The court, while accepting this legal position, pressed the government on whether it intended to take any steps at all. “However, this does not mean that the State should not take any steps if it is of the opinion that such practices need to be curbed,” the bench noted, directing the Home Department Secretary to file an affidavit clarifying the government's future course of action.
The bench also observed that the affidavit submitted by the State failed to state whether it endorses or condemns such inhuman practices. “Though it had expected a detailed affidavit, the one submitted merely asserted that no direction could be issued to enact a law,” the court remarked.
The petition stems from a 2022 incident in Pathanamthitta district involving the ritualistic human sacrifice of two women. Citing this and a more recent 2024 incident involving the suspected suicide of three individuals allegedly during black magic rituals, the PIL seeks urgent legislative intervention.
According to The Hindu, the State acknowledged that a draft bill had indeed been prepared in 2019 based on recommendations from the KT Thomas Commission, which was a law reforms body constituted by the Kerala government to recommend legal and policy changes on various social and legal issues.
However, it confirmed that no further action was taken following the July 2023 Cabinet decision. The court also noted the lack of follow-up despite the Law Reforms Commission’s recommendation.
The PIL, initially dismissed in June 2023 due to non-appearance, was later restored. It seeks not only a statutory ban on black magic and sorcery, like those enacted in Maharashtra and Karnataka, but also a declaration deeming media content that promotes superstition and occult practices as illegal, barring exceptions for content with artistic merit.
The court has now directed the State to file a comprehensive affidavit within three weeks, outlining what steps, if any, it plans to take in absence of formal legislation.
The matter is posted for further hearing on July 15, 2025.
