The Kerala Government has informed the high court that it will not pass the law to ban black magic, sorcery, and other inhuman practices, citing a policy decision made by the state cabinet in 2022. The Kerala High Court sought the government’s position on the law’s enactment, following a petition by the Kerala Yuktivadhi Sangam, which led to the government’s response.
In an affidavit filed before a division bench, headed by Chief Justice Nitin Jamdar, the state said a draft bill titled “The Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2022” had been prepared based on recommendations from the Law Reforms Commission. The affidavit further read that after the discussion, the council of ministers decided on July 5, 2023, not to go ahead with the legislation.
The government argued it couldn’t be forced to pass a law, even if the court acknowledged the social concerns in the Public Interest Litigation (PIL). They stated that “A writ of mandamus will not lie against the legislature directing it to legislate on a particular subject”. The high court further asked the state government to explain its plans for controlling sorcery and black magic, especially since no related legislation is being considered. It also directed the government to file a detailed affidavit within three weeks.
The court noted that although the K T Thomas Commission report had recommended legislation to curb black magic and related inhuman practices, the government had not taken any follow-up action on the report.
The Public Interest Litigation (PIL), initially filed in 2022, was dismissed in June 2023 because the petitioner didn’t show up. It was later restored, leading the High Court to ask for the government’s current position.
The Yuktivadi Sangham’s plea highlighted that the Law Reforms Commission, led by Justice (retired) K.T. Thomas, had submitted a comprehensive report to the State of Kerala in 2019. This report included legislative recommendations that were based on new social conditions.
(With PTI Inputs)