Kochi: The Kerala High Court voiced concern over the State government’s prolonged delay in finalising legislation aimed at curbing black magic, witchcraft and other inhuman practices, and proposed the establishment of a special cell to deal with related complaints as an interim step.

A Division Bench comprising Chief Justice Nitin Jamdar and Justice Syam Kumar VM was hearing a public interest litigation seeking effective measures to prevent atrocities carried out in the name of superstition, sorcery, and black magic. Kerala Yukthi Vadhi Sangam moved the petition in the court.

While granting more time to the Expert Committee appointed by the State to suggest legislative measures, the Court noted that almost four years had passed since the filing of the petition, but no final decision had been taken on enacting a dedicated anti-superstition law. The Bench observed that the matter had remained confined to consultations, affidavits, and committee discussions, without leading to any concrete result.

“For nearly four years, the State has neither taken a final decision to enact legislation on the subject nor expressly declined to do so, and the process of stakeholder consultations and constitution of committees continues,” the Court remarked.

The Bench recalled that the State had earlier proposed the Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2022, based on recommendations made by the Law Reforms Commission headed by Justice KT Thomas. However, the proposal was dropped by the Council of Ministers in July 2023, even as the government continued to maintain that fresh legislation was under active consideration.

The Court recognised the constitutional limitations in issuing a writ of mandamus directing the State to enact a law, and emphasised that the government had never supported or endorsed the inhuman practices highlighted in the petition.

Referring to Article 51A(h) of the Constitution, the Bench underlined the fundamental duty of citizens to develop a scientific temper, humanism, and a spirit of inquiry.

Taking note of the State’s submission that existing legal provisions, including the Bharatiya Nyaya Sanhita, 2023, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, and other special enactments were adequate to deal with criminal acts arising from such practices, the Court suggested that the government consider setting up a dedicated special cell to receive and address complaints relating to black magic and witchcraft.

“This would, at the very least, reflect the seriousness of the State in taking steps against such inhuman practices. Such arrangements can be made independently of the measures that the State Government is already considering with respect to enacting special legislation,” the Bench observed. The State Attorney informed the Court that the order would be placed before the Chief Secretary for consideration.

The matter has been listed for further hearing on February 10.
(With Live Law inputs)