Legislation On Black Magic Deferred, But Subject Under Active Consideration: State Tells Kerala High Court

The Kerala government today reiterated before the High Court its commitment to regulate harmful practices carried out under the guise of supernatural and magical acts, even after deferring a proposed legislation on the issue.

The submissions was made before the bench of Chief Justice Nitin Jamdar and Justice Basant Balaji, 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'.

Previously, the Court had expressed its discontent with the Council of Ministers resolving to not proceed with the Bill.

However, the counter affidavit filed by the State today highlighted that though the proposed legislation has been deferred, the government has no intention to step back from the subject matter; the subject is under active consideration of the State.

It also informed the Court that the reason for the Council of Ministers deciding to withdraw from the agenda is complex legal and constitutional issues. It added that meanwhile, in absence of specific statute, the existing legal framework is also adequately equipped to address the issue.

State cited provisions of the Bharatiya Nyaya Sanhitha, 2023, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 the Kerala Police Act, and special laws such as the SC/ST (Prevention of Atrocities) Act, 1989, POCSO Act, 2012 and the Juvenile Justice (Care and Protection of Children) Act, 2015. 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 mentioned above.

The Court emphasized that if these offenses have indeed been effectively handled under the current legal framework, the State must provide a documented record of such cases.

Additionally, the 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.

The case is posted on 5 August.

Case Title: Kerala Yukthi Vadhi Sangham v Union of India and Others

Case No: WP(C) 33093/ 2022