Kochi
The Kerala government has informed the High Court that it will not move forward with a proposed law to ban black magic, sorcery, and related inhuman practices. In an affidavit filed before a division bench led by Chief Justice Nitin Jamdar, the government said a draft bill—The Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2022—had been prepared following recommendations from the Law Reforms Commission. However, the state cabinet decided on July 5, 2023, not to proceed with the legislation.
The affidavit emphasized that courts cannot compel legislatures to enact specific laws, stating, A writ of mandamus will not lie against the legislature directing it to legislate on a particular subject.
Despite this, the High Court has asked the state to explain what steps it plans to take to prevent black magic and sorcery, especially since no law is currently under consideration. The court also noted that no action had been taken on the 2019 report by the K.T. Thomas Commission, which recommended legal measures against such practices.
The case stems from a 2022 PIL by the Kerala Yukthivadi Sangham, which was initially dismissed but later reinstated. The plea was triggered by the ritualistic murder of two women in Pathanamthitta and demands a law similar to those in Maharashtra and Karnataka. The petitioner also raised concerns about media content promoting superstitions and harmful rituals. The court has directed the government to submit a detailed affidavit within three weeks.