Kerala defers black magic legislation, but reaffirms commitment to regulate harmful practices
This was submitted before the division bench of Chief Justice Nitin Jamdar and Justice Basant Balaji when it was considering a PIL filed by a popular rationalist organisation seeking enactment and implementation of 'The Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019'.
Previously, the court had expressed its discontent with the state Cabinet resolving to not proceed with the Bill.
But in the counter affidavit filed by the state on Tuesday, it highlighted that though the proposed legislation has been deferred, the state government has no intention to step away from the subject matter as the subject is under active consideration of the state.
It also told the court that the reason the state Cabinet decided to withdraw from the agenda is due to complex legal and constitutional issues.
It further said that in absence of specific statute, the existing legal framework is also adequately equipped to address the issue.
According to the state, criminal acts committed under the veil of magical or supernatural practices have been prosecuted under these existing statutes.
The court, however, has sought further clarification on two specific points -- a brief explanation of the legal and constitutional complexities that led to the withdrawal of the proposed legislation and the details of prosecutions in the last five years involving cases arising from magical or supernatural practices under the general laws.
The court emphasised that if these offences have indeed been effectively handled under the current legal framework, the state must provide a documented record of such cases.
The state government in its affidavit reiterates that the formulation of special legislation remains under active governmental review.
The court has directed that the next affidavit filed by the state should specify by when this "active consideration" is expected to conclude and indicate the timeline for a final decision on the matter and posted the case for August 5.
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