Outline steps planned to tackle inhuman practices like black magic, Kerala HC directs state govt
The bench of Chief Justice Nitin Jamadar and Justice Basant Balaji issued the direction in light of an affidavit submitted by home department deputy secretary, which stated 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.
The affidavit further stated that this was a policy decision of the state govt and may not be interfered with by the court. The state made this submission in response to a petition filed by the Kerala Yukthivadhi Sangham, seeking the enforcement of legislation to prohibit black magic, witchcraft, sorcery, and other inhumane practices carried out under the guise of supernatural powers.
Upon perusing the affidavit, the division bench orally asked whether the state govt was endorsing such evil practices.
While the court agreed with the state's submission that it cannot be compelled to enact legislation on a particular subject, it expressed dissatisfaction with the affidavit, noting that it failed to clarify whether the state had endorsed such practices or had chosen not to eradicate them.
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The court further observed that, though it had expected a detailed affidavit, the one submitted merely asserted that no direction could be issued to enact a law.
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Accordingly, the court directed the state to file a comprehensive affidavit detailing its stand on the issue and the steps it proposes to take in the matter. The petition was adjourned to July 15.
The petition was filed in 2022 following the twin human sacrifice incident in Pathanamthitta. Subsequently, in April 2024, three individuals — Naveen Thomas and his wife Devi Madhavan, both natives of Kottayam, and their friend Arya Nair from Thiruvananthapuram — were found dead with cut marks on their wrists. It was suspected that they had taken their own lives while engaging in black magic rituals.
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