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Kerala HC directs Home Secretary to file affidavit on steps to curb black magic, sorcery
With the State government stating before the Kerala High Court that it was not enacting a legislation to curb black magic, the court on Tuesday asked whether it endorsed the practice of black magic and sorcery.
It directed the Home Secretary to file an affidavit in this regard, in a public interest litigation filed by the Kerala Yukthi Vadhi Sangam, an organisation spearheading campaigns against black magic, witchcraft, and sorcery and other social evils.
It sought a court directive in the nature of recommendation, suggestion, judicial advice or a reminder call to the government and other respondents, pointing out the urgent need to enact a statute like the ones passed in Maharashtra (the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Agori Practices and Black Magic Act, 2013) and in Karnataka to curb such practices.
In an affidavit, the Deputy Secretary in the Home Department said the government had proposed a Bill – The Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2022 — based on a report of the Law Reforms Commission. But after deliberations, the Council of Ministers decided on July 2023 not to proceed with the Bill.
It was a policy decision of the government and was hence beyond court intervention.
To this, the court said there was no absolute bar on court interference in the issue, although the court could not direct the readying of a legislation in this regard.
The court sought details of the action that the government intended to take in order to curb such vices in society. While posting the case for hearing on July 15, the court said the Home Secretary ought to clearly state in an affidavit within three weeks the curbs that the government intended to place on such vices.
