Kerala High Court Criticizes State Govt For Not Enacting Law Against Black Magic, Asks About Other Deterrent Steps
The Kerala High Court today (24 June) expressed its discontent with the State government’s inaction to take steps to curb the practices of black magic, witchcraft, sorcery, or other inhuman, evil and sinister practices by enacting a law.
The Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji was considering a PIL filed by Kerala Yukthi Vadhi Sangham seeking enactment and implementation of ‘The Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019′.
The PIL was initially filed in the wake of reports of an incident regarding human sacrifice of two women in Pathanamthitta.
Today, the informed the Court that the Council of Ministers vide a decision taken on 5th July, 2023 had resolved to not proceed with the Bill. The State added that this being a policy decision of the Government, the Court cannot, through a writ of mandamus, direct the State to enact such a law.
Although the Court accepted this contention, it directed the State to file an affidavit on whether it was proposing to take any steps other than legislation to curb these practices.
“However, this does not mean that the State should not take any steps if it is of the opinion that such practices need to be curbed. It is not stated in the affidavit that the State has endorsed such practices and does not wish to eradicate the same. That being the position question arises as to how the State proposes to proceed in the matter and what deterrent steps State proposes to take in regard of the practices highlighted in this petition.”
The Court has ordered the Secretary of the Home Department to file an affidavit.
The case will be next heard on 15th July.
Case Title: Kerala Yukthi Vadhi Sangham v Union of India and Others
Case No: WP(C) 33093/ 2022
