The Kerala High Court on Monday expressed dissatisfaction with the state government's failure to take action against black magic, witchcraft, sorcery, and other inhuman or sinister practices by enacting a law.

A Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji was hearing a Public Interest Litigation (PIL) filed by the Kerala Yukthi Vadhi Sangham. The PIL seeks the enactment and implementation of the Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019. It was initially filed in response to reports of a human sacrifice incident involving two women in Pathanamthitta.

The state informed the court that the Council of Ministers had, in a meeting held on 5 July 2023, decided not to proceed with the Bill. It further argued that since this was a policy decision, the court could not compel the government to enact a law through a writ of mandamus.

While the court acknowledged this position, it directed the state to submit an affidavit outlining whether any alternative measures were being considered to address these harmful practices.

"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 affidavit does not say that the state has endorsed and does not wish to eradicate such practices. That being the position, the question arises as to how the state proposes to proceed in the matter and what deterrent steps it intends to take in regard to the practices highlighted in this petition," the court observed.

The High Court has ordered the Secretary of the Home Department to file an affidavit detailing the government’s proposed course of action.

The matter will be next heard on 15 July.
(With LiveLaw inputs)