Kerala HC Seeks State's Stand on Proposed Law Against Black Magic

Kerala HC Seeks State's Stand on Proposed Law Against Black Magic

The Kerala High Court has directed the state government to clarify its position on enacting legislation to curb black magic and sorcery, practices it had previously indicated it was considering regulating through a new law.

A division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji issued the directive during a hearing on June 3, asking the government to file an affidavit detailing its current stance. The matter has been posted for further hearing on June 24.

The issue stems from a petition filed by the Kerala Yukthivadi Sangham, a rationalist organisation, seeking a comprehensive law to prohibit inhuman and superstitious practices.

The plea highlights that in 2019, the Kerala Law Reforms Commission, headed by former Supreme Court judge Justice KT Thomas, had submitted a report recommending several legislations, including The Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019. However, the petitioner claims the government has yet to act on the recommendations.

The petition, originally filed in 2022, came in the wake of a gruesome ritualistic human sacrifice involving two women in Kerala’s Pathanamthitta district. The incident drew widespread outrage and renewed calls for legislation.

The petition was initially dismissed in June 2023 after no one appeared on behalf of the organisation during a hearing, but the court later restored it.

Citing precedents, the petitioner pointed out that states like Maharashtra and Karnataka have already enacted laws to combat similar superstitious practices.

Additionally, the plea seeks a declaration that films, serials, and other content on big screens, OTT platforms, and YouTube promoting superstitious beliefs—except those with positive messaging or artistic merit—should be deemed illegal.

The court’s fresh directive revives scrutiny over the state's legislative inaction despite earlier submissions and the urgency underscored by past incidents.

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