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Legislation banning black magic under consideration, State govt. tells Kerala HC
Legislation banning black magic under consideration, State govt. tells Kerala HC

The Hindu

time15-07-2025

  • 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.

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

time24-06-2025

  • 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

time24-06-2025

  • 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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