The Kerala High Court on Monday expressed dissatisfaction over the State government's decision not to enact a law to curb black magic, sorcery, witchcraft, and other inhuman and sinister practices.

A Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji was hearing a public interest litigation (PIL) filed by Kerala Yukthi Vadhi Sangham, seeking the enactment and implementation of the Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019.

The petition was filed following reports of a human sacrifice incident in Pathanamthitta, in which two women were allegedly killed as part of a ritual.

During the hearing, the State government informed the Court that the Council of Ministers, in its meeting on July 5, 2023, had decided not to proceed with the Bill, and argued that being a policy decision, it was not amenable to a writ of mandamus.

While the Court acknowledged the limitation on issuing directions to legislate, it observed that the State’s inaction on alternate steps to tackle such harmful practices remained a concern:

“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 question arises as to how the State proposes to proceed and what deterrent steps it proposes to take in regard to the practices highlighted in this petition.”

The Bench has directed the Secretary, Home Department, to file an affidavit indicating whether the State proposes to take any non-legislative measures to address the issue.

The matter will be taken up next on July 15.

Case Title: Kerala Yukthi Vadhi Sangham v. Union of India & Others