Kerala government says not enacting black magic law, HC asks if it endorses practice
In an affidavit filed before the HC, the government said the state cabinet had considered the Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill in 2023, but a decision was made not to enact it. It was a policy decision and might not be interfered with by the court, the affidavit said, adding that a writ of mandamus will not lie against the legislature directing it to legislate on a particular subject.
Hearing a public interest litigation (PIL) seeking enactment of a law against evil practices on Tuesday, a division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji observed orally, 'Is the state endorsing these evil practices? There may not be enactment, but that does not mean the government should do nothing. Assuming there is no legislation, how does the state proceed against such practices?'
The court said the government did not mention in the affidavit that it endorsed such practices and does not wish to eradicate them. 'We expect a more detailed affidavit,' the bench said, urging the state to clarify its position and efforts in curbing such harmful practices despite the absence of specific legislation.
The Kerala Yukthivadi Sangham, Thrissur, had sought a directive to the state government to take a decision on the recommendation of the Law Reforms Commission report, 2019, submitted by Justice K T Thomas on the Bill's enactment. The plea filed in the wake of the murder of two women as part of human sacrifice in Pathanamthitta's Elanthoor village in 2022, alleged that the government was reluctant to take steps to enact such laws despite the reporting of several such incidents.
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