Kochi | The Kerala High Court has sought a clarification from the state government on what were the legal and constitutional issues that prompted the cabinet to defer discussion on a proposed legislation to ban black magic, sorcery, and other inhuman practices.
A bench of Chief Justice Nitin Jamdar and Justice Basant Balaji sought the clarification after the state government told the court that the proposed law has only been deferred and it does not intend to step back from the subject matter which remains under active consideration.
The government told the court that the state cabinet withdrew the proposed legislation from the agenda due to complex legal and constitutional issues.
It also told the bench that though there is no specific statute, there are provisions -- like the BNS, Drugs and Magic Remedies (Objectionable Advertisements) Act, the Kerala Police Act, SC/ST (Prevention of Atrocities) Act, POCSO Act and the Juvenile Justice Act -- to prosecute criminal acts committed under the guise of magical or supernatural claim.
Taking note of the submissions by the government, the bench said that "a clarification is required on these aspects".
"Firstly, the complex legal and constitutional issues that prompted the Council of Ministers to withdraw from the agenda should be at least briefly indicated.
"Secondly, detailed information should be provided regarding prosecutions of cases arising from magical and supernatural claims, which have been dealt with under the general law as referred to above for the last five years," the court said.
It said that if such offences have been tackled under the general law, then there should be a record of the same and therefore, the details of the same should be placed before the court by way of an additional affidavit.
The bench also directed that since the government was claiming that the special law remains under active consideration, it should indicate in the affidavit when a decision would be taken.
With these directions, the court listed the matter for further hearing on August 5.
The order came on a public interest litigation (PIL) filed by the Kerala Yukthivadi Sangham seeking a law similar to those enacted in Maharashtra and Karnataka to prohibit harmful rituals conducted in the name of supernatural powers.
"The Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, is one of the recommended statutes. But so far, no attempt has been made on the part of the state on the matter," the organisation has claimed.
The state has claimed that a draft bill titled "The Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2022" had been prepared based on recommendations from the Law Reforms Commission.
However, after deliberations, the council of ministers decided on July 5, 2023, not to go ahead with the legislation for now, it had told the court on the last date of hearing.
The PIL, first filed in 2022, was dismissed in June 2023 due to the absence of representation from the petitioner. It was later restored by the High Court.
The Yuktivadi Sangham, in its plea, has stated that the Law Reforms Commission, headed by Justice (retired) K T Thomas, had submitted a comprehensive report to the State of Kerala in the year 2019, with legislative recommendations based on new social conditions.
The plea was filed in 2022 in the wake of a ritual human sacrifice of two women in the Pathanamthitta district of Kerala by three people, including a couple.
The petition has claimed that the states of Karnataka and Maharashtra have passed laws against sorcery and black magic.
It has also sought a declaration that "films on big screens and OTT platforms, and several serials and other telefilms, aired on television channels and YouTube, having content of superstitious beliefs, including sorcery and occult practices, exempting those having good intentions and having good artistic values, are illegal".