Contemplating Legislation Against Evil Practices Like Human Sacrifice: State Govt To Kerala High Court

The Kerala government earlier this week informed the High Court that it is contemplating enactment of a legislation against human sacrifice and other such superstitious practices.  

The Division Bench consisting of Chief Justice S. Manikumar and Justice Shaji P. Chaly recorded the submission made by the State Attorney in this regard when a case regarding the issue came before it for admission on Tuesday. The court has adjourned the matter for a date after two weeks.

Kerala Yukthi Vadhi Sangham, a registered cultural organization in Kerala, moved the petition before the High Court seeking a direction for the state government to consider and take a decision regarding the enactment and implementation of 'The Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019'.

The State Law Reforms Commission, headed by Justice K.T. Thomas, had made its recommendations to the government on the bill in 2019.

The court in the order said, "On the reliefs, though we have our limitations in directing the Government to legislate on a particular subject, but then, averments supporting the prayers sought for shows that in the report, submitted by the Hon'ble Justice K.T. Thomas, former Judge, Supreme Court of India, in the year 2019, it is stated that there was a recommendation based on social conditions and that the Government of Kerala also proposed a Bill "The Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill - 2019."

The bill has been in the news in the wake of the recent horrific report from Pathanamthitta district of Kerala, where three persons were arrested in connection with "human sacrifice" of two women. 

In the petition moved through Advocate P.V. Jeevesh, the petitioner submitted that the State was continuously witnessing several incidents of crimes in connection with superstitious beliefs and although the organization (petitioner) had approached both the central and state government several times, preferred several mass petitions, and submitted model bills for the statute, seeking an adequate enactment of law to protect the civil society against evil and sinister practices, the same had not made any headway.

Although some bills had been proposed in this regard, the petitioner submitted that the same did not reach to the stage of enactment. It has been further pointed out by the petitioner that in the states of Karnataka and Maharashtra, suitable legislation in this regard has been able to tackle the menace effectively.

Case Title: Kerala Yukthi Vadhi Sangham v. Union of India & Ors. 

Click Here To Read/Download The Order