Kerala High Court Flags Delay In Enactment Of Anti-Superstition Law, Suggests Setting Up Special Cell As Interim Measure

A Division Bench comprising Chief Justice Nitin Jamdar and Justice Syam Kumar V M was hearing a PIL seeking effective steps to prevent atrocities committed in the name of superstition, sorcery and black magic. 

While granting additional time to the State-appointed Expert Committee constituted to recommend legislative measures, the Court observed that nearly four years had elapsed since the petition was filed, yet no final decision had been taken on enacting a specific anti-superstition law. The Bench noted that the process had remained at the stage of consultations, affidavits and committee deliberations, without any concrete outcome.

“For nearly four years, the State has neither positively declined to enact legislation on the subject nor taken final steps in that regard, and the process of consultation with stakeholders and constitution of Committees continues,” the Court observed.

It recalled that the State had earlier proposed the Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2022, based on the recommendations of the Law Reforms Commission headed by Justice K.T. Thomas. However, the proposal was dropped by the Council of Ministers in July 2023, even as the government maintained that fresh legislation was still under active consideration. 

The Court acknowledged the constitutional limits in issuing a mandamus directing the State to enact legislation,and emphasised that the government had never endorsed the inhuman practices highlighted in the petition. Referring to Article 51A(h) of the Constitution, the Court underscored the fundamental duty of citizens to develop a scientific temper and spirit of inquiry.

Taking note of the State's stand that existing laws, including the Bharatiya Nyaya Sanhita, 2023, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, and other special statutes, were sufficient to address criminal acts arising from such practices, the Court suggested that the government consider setting up a dedicated special cell to handle complaints related to black magic and witchcraft.

“This would, at least, demonstrate the seriousness of the State in taking measures against such inhuman practices. Such arrangements can be made irrespective of the steps that the State Government is already contemplating towards enacting special legislation. ” the Bench observed.

The State Attorney informed the Court that the order would be placed before the Chief Secretary for consideration.

The matter has been posted for further consideration on 10 February.

Case Title: Kerala Yukthi Vadhi Sangam v The Union of India and Ors

Case No: WP(C) 33093/ 2022

Counsel for Petitioner: O V Rashakrishnan (Sr.), P V Jeevesh

Counsel for Respondents: Suvin R Menon, N Manoj Kumar (State Attorney)