Kerala High Court slams state for not enacting law to ban black magic, sorcery
The Kerala High Court expressed dissatisfaction with the state government's stance of not proceeding with the legislation to ban black magic, sorcery and other inhuman practices. The state told the High Court that it has decided not to pass such a law, and this decision was taken by the state cabinet— which means it is a policy decision.Arguing its position, the government maintained that the court cannot issue a writ of mandamus compelling the enactment of such a law, as this falls within the domain of executive policy.advertisementThe court's observation came during the hearing of a public interest litigation (PIL) filed by Kerala Yukthi Vadhi Sangham, seeking the enactment of a specific law against black magic and sorcery — The Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019.
This Bill was originally recommended by a commission headed by Justice K.T. Thomas.The government also told the court it had decided not to implement the recommendations of the commission led by former Supreme Court judge Justice KT Thomas in 2019. The proposed legislation sought to ban all practices that result in bodily harm.The division bench, comprising Chief Justice Nitin Jamdar and Justice Basant Balaji, however, asked the government to propose alternative measures to curb the spread of black magic and sorcery if it holds a similar view on the matter.advertisement'The affidavit does not mention that the State has endorsed such practices and does not wish to eradicate the same,' the court noted, while questioning the state on its course of action regarding the issue.The bench remarked that taking such a stance when illegal practices continue to be carried out amounts to an implicit endorsement of those activities. It reiterated that while the legislature has the authority to decide on whether to frame laws, the High Court cannot issue a directive mandating such a move. Nevertheless, the court directed the government to file a detailed affidavit within three weeks.Kerala Yukthi Vadhi Sangham is an organisation that leads campaigns against black magic and other similar practices. The organisation had sought the enactment of 'The Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill 2019'.The matter will be heard again on July 15.- Ends
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