Latest news with #SorceryandBlackMagicBill
Time of India
15-07-2025
- Politics
- Time of India
Committed to eradicating evil practices life black magic: State govt to Kerala HC
Kochi: A new affidavit submitted by the state govt in high court on Tuesday indicates that the govt seems to have significantly softened its stand on a legislating against black magic, witchcraft, sorcery and other inhumane practices carried out under the guise of supernatural powers. A previous affidavit filed by home department deputy secretary had asserted 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. It was also contended that this was a policy decision which may not be interfered with by the court. Upon perusing the affidavit, the division bench had noted that it failed to clarify whether the state endorsed such practices or had merely chosen not to eradicate them. HC had also directed home department to file a detailed affidavit clarifying the state's stand on the issue and the steps it proposes to take. In Tuesday's affidavit, filed by home department additional chief secretary Biswanath Sinha, the state clarified that although the proposed legislation has been deferred, the govt has no intention of stepping back from the subject. The matter remains under active consideration, and the state remains committed to evolving a legal framework that will effectively curb harmful practices while fully respecting constitutional rights and cultural sensitivities. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like เปรียบเทียบสเปรด: ระหว่าง Bitcoin และ Ethereum CFDs IC Markets อ่านเพิ่มเติม Undo The affidavit also outlined the challenges in legislating against such practices, particularly in balancing constitutional religious freedoms with the need to prevent abuse and harm. It emphasised that it is extremely difficult to draw a legally sustainable distinction between faith, belief and superstition. A matter of deep spiritual belief for one individual or community may be viewed as superstition by another. Any legislative attempt to regulate or prohibit practices considered superstitious requires legal clarity and cultural sensitivity and must therefore be preceded by careful and detailed deliberations, the affidavit stated.
Hans India
15-07-2025
- Politics
- Hans India
Kerala defers black magic legislation, but reaffirms commitment to regulate harmful practices
Kochi: The CPI-M government, on Tuesday, told the Kerala High Court that it is committed to regulate harmful practices carried out under the guise of supernatural and magical acts, even after deferring a proposed legislation on the issue. 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.
The Hindu
15-07-2025
- Politics
- The Hindu
Legislation banning black magic under consideration, State govt. tells Kerala HC
The State government has informed the Kerala High Court that a legislation banning black magic, sorcery and other superstitious practices is under consideration and that the Cabinet had earlier postponed a decision on this due to the 'legal complexities' involved. Based on this, a Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji sought details of the 'legal complexities' with regard to the legislation. When the government stated that action was hitherto being taken as per the BNS, Police Act, POCSO Act and other legislations, the court sought details like the number of cases registered in this connection during the past five years and the action taken. The case has been posted for hearing on August 5. The government had submitted before the High Court in June that it would not proceed to enact a law to ban such practices, citing a policy decision made by the State Cabinet. This was in response to a public interest litigation (PIL) filed by the Kerala Yukthivadi Sangham that sought a law similar to those enacted in Maharashtra and Karnataka to prohibit harmful rituals. The PIL was filed in 2022 in the wake of a ritual human sacrifice of two women in the Pathanamthitta district by three people. Law Commission In an affidavit filed before a Division Bench of the High Court, the government had said in June that 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. 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 government had submitted in its June affidavit. Subsequently, the High Court had asked the State government to clarify on the steps it intended to take to control sorcery and black magic, especially in light of the government's stand that no legislation was currently under consideration. Stating that the K.T. Thomas Commission report had recommended legislation to curb black magic and related inhuman practices and that the government had not taken any follow up action on the report, the court had in June directed the State to clearly explain how it planned to prevent the practice of black magic and sorcery, even in the absence of a law.
India Today
25-06-2025
- Politics
- India Today
Kerala High Court slams state for not enacting law to ban black magic, sorcery
The Kerala High Court expressed dissatisfaction with the state government's stance of not proceeding with the legislation to ban black magic, sorcery and other inhuman practices. The state told the High Court that it has decided not to pass such a law, and this decision was taken by the state cabinet— which means it is a policy its position, the government maintained that the court cannot issue a writ of mandamus compelling the enactment of such a law, as this falls within the domain of executive court's observation came during the hearing of a public interest litigation (PIL) filed by Kerala Yukthi Vadhi Sangham, seeking the enactment of a specific law against black magic and sorcery — The Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019. This Bill was originally recommended by a commission headed by Justice K.T. government also told the court it had decided not to implement the recommendations of the commission led by former Supreme Court judge Justice KT Thomas in 2019. The proposed legislation sought to ban all practices that result in bodily division bench, comprising Chief Justice Nitin Jamdar and Justice Basant Balaji, however, asked the government to propose alternative measures to curb the spread of black magic and sorcery if it holds a similar view on the affidavit does not mention that the State has endorsed such practices and does not wish to eradicate the same,' the court noted, while questioning the state on its course of action regarding the bench remarked that taking such a stance when illegal practices continue to be carried out amounts to an implicit endorsement of those activities. It reiterated that while the legislature has the authority to decide on whether to frame laws, the High Court cannot issue a directive mandating such a move. Nevertheless, the court directed the government to file a detailed affidavit within three Yukthi Vadhi Sangham is an organisation that leads campaigns against black magic and other similar practices. The organisation had sought the enactment of 'The Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill 2019'.The matter will be heard again on July 15.- Ends IN THIS STORY#Kerala
New Indian Express
25-06-2025
- Politics
- New Indian Express
Kerala government says not enacting black magic law, HC asks if it endorses practice
KOCHI: The state government told the Kerala High Court on Tuesday that it has decided not to enact a legislation banning evil practices, including sorcery and black magic, prompting the court to ask whether it endorsed such practices. 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.
