Black magic bill: Kerala Govt informs HC subject under consideration

Kochi: The Kerala government has reiterated before the High Court that it remains committed to tackling harmful practices carried out in the name of black magic and sorcery, despite deferring a proposed legislation addressing the issue.

The submission was made before a division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji during the hearing of a Public Interest Litigation (PIL) filed by the Kerala Yukthivadi Sangham. The PIL seeks the enactment and implementation of 'The Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019'.

The court had earlier criticised the government’s decision not to proceed with the bill. In response, the state filed a counter affidavit stating that while the legislation has been withdrawn from the Cabinet agenda, the subject remains under “active consideration.” The government cited legal and constitutional complexities as the reason for deferral.

The affidavit further noted that, in the absence of a dedicated statute, several existing laws are used to address offences related to sorcery and black magic. These include provisions from the Bharatiya Nyaya Sanhitha, 2023, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 the Kerala Police Act, and special laws such as the SC/ST (Prevention of Atrocities) Act, 1989, POCSO Act, 2012 and the Juvenile Justice (Care and Protection of Children) Act, 2015.

The Court has requested that the state provide specific clarifications: first, a summary of the legal and constitutional hurdles that prevented the bill’s passage, and second, data on prosecutions in the past five years involving crimes committed under the guise of magical or supernatural acts, using general laws. It also directed the state to specify a timeline by which the ongoing review of the proposed legislation will conclude. The case will be next heard on 5 August.
(With inputs from LiveLaw)