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Kerala HC directs Home Secretary to file affidavit on steps to curb black magic, sorcery
Kerala HC directs Home Secretary to file affidavit on steps to curb black magic, sorcery

The Hindu

time6 hours ago

  • Politics
  • The Hindu

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.

Kerala backs off from enacting black magic law, cites policy decision in High Court
Kerala backs off from enacting black magic law, cites policy decision in High Court

The Hindu

time10 hours ago

  • Politics
  • The Hindu

Kerala backs off from enacting black magic law, cites policy decision in High Court

The Left government in Kerala has told the High Court that it will not proceed to enact a law to ban black magic, sorcery, and other inhuman practices, citing a policy decision made by the State Cabinet. In an affidavit filed before a Division Bench of Kerala High Court, headed by Chief Justice Nitin Jamdar, Kerala said 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, it said. The government submitted that while the court may have noted the social concerns raised in the PIL, it cannot compel the legislature to pass a law. "A writ of mandamus will not lie against the legislature directing it to legislate on a particular subject," the affidavit said. Meanwhile, the High Court asked the State government to clarify the steps it intends to take to control sorcery and black magic, especially in light of the government's stand that no legislation is currently under consideration. The court noted that although the K.T. Thomas Commission report had recommended legislation to curb black magic and related inhuman practices, the government had not taken any follow-up action on the report. The court has now asked the State to clearly explain how it plans to prevent the practice of black magic and sorcery, even in the absence of a law. It also directed the government to file a detailed affidavit within three weeks. The Kerala Home department had filed the affidavit on June 21, 2025, stating that the Council of Ministers had initially discussed the matter but later decided not to proceed with legislation. The court had earlier asked the State to clarify its position after a public interest litigation (PIL) filed by the Kerala Yukthivadi Sangham sought a law similar to those enacted in Maharashtra and Karnataka to prohibit harmful rituals conducted in the name of supernatural powers. The PIL, first filed in 2022, was dismissed in June 2023 due to the absence of representation from the petitioner. It was later restored, prompting the High Court to seek the government's latest stance. 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 Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill-2019, 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 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 Kerala 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".

Kerala backs off from enacting black magic law, cites policy decision in High Court
Kerala backs off from enacting black magic law, cites policy decision in High Court

Hindustan Times

time11 hours ago

  • Politics
  • Hindustan Times

Kerala backs off from enacting black magic law, cites policy decision in High Court

Kochi, The Left Government in Kerala has told the High Court that it will not proceed to enact a law to ban black magic, sorcery, and other inhuman practices, citing a policy decision made by the state cabinet. Kerala backs off from enacting black magic law, cites policy decision in High Court In an affidavit filed before a division of Kerala High Court, headed by Chief Justice Nitin Jamdar, the state said 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, it said. The government submitted that while the court may have noted the social concerns raised in the PIL, it cannot compel the legislature to pass a law. "A writ of mandamus will not lie against the legislature directing it to legislate on a particular subject," the affidavit said. Meanwhile, the high court asked the state government to clarify the steps it intends to take to control sorcery and black magic, especially in light of the government's stand that no legislation is currently under consideration. The court noted that although the K T Thomas Commission report had recommended legislation to curb black magic and related inhuman practices, the government had not taken any follow-up action on the report. The court has now asked the state to clearly explain how it plans to prevent the practice of black magic and sorcery, even in the absence of a law. It also directed the government to file a detailed affidavit within three weeks. The state's home department had filed the affidavit on June 21, 2025, stating that the Council of Ministers had initially discussed the matter but later decided not to proceed with legislation. The court had earlier asked the state to clarify its position after a public interest litigation filed by the Kerala Yukthivadi Sangham sought a law similar to those enacted in Maharashtra and Karnataka to prohibit harmful rituals conducted in the name of supernatural powers. The PIL, first filed in 2022, was dismissed in June 2023 due to the absence of representation from the petitioner. It was later restored, prompting the High Court to seek the government's latest stance. The Yuktivadi Sangham, in its plea, has stated that the Law Reforms Commission, headed by Justice 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 Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill-2019, 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 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 Kerala 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". This article was generated from an automated news agency feed without modifications to text.

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