Committed to eradicating evil practices life black magic: State govt to Kerala HC
A previous affidavit filed by home department deputy secretary had asserted that the council of ministers, on July 5, 2023, had decided not to proceed with the Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019. It was also contended that this was a policy decision which may not be interfered with by the court.
Upon perusing the affidavit, the division bench had noted that it failed to clarify whether the state endorsed such practices or had merely chosen not to eradicate them.
HC had also directed home department to file a detailed affidavit clarifying the state's stand on the issue and the steps it proposes to take.
In Tuesday's affidavit, filed by home department additional chief secretary Biswanath Sinha, the state clarified that although the proposed legislation has been deferred, the govt has no intention of stepping back from the subject. The matter remains under active consideration, and the state remains committed to evolving a legal framework that will effectively curb harmful practices while fully respecting constitutional rights and cultural sensitivities.
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The affidavit also outlined the challenges in legislating against such practices, particularly in balancing constitutional religious freedoms with the need to prevent abuse and harm. It emphasised that it is extremely difficult to draw a legally sustainable distinction between faith, belief and superstition. A matter of deep spiritual belief for one individual or community may be viewed as superstition by another.
Any legislative attempt to regulate or prohibit practices considered superstitious requires legal clarity and cultural sensitivity and must therefore be preceded by careful and detailed deliberations, the affidavit stated.
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