Kerala's Legal Dilemma: Balancing Tradition and Reform in Eradicating Evil Practices

The government of Kerala has informed the High Court of its decision not to pursue legislation banning black magic and sorcery, based on a recent state cabinet policy decision. While a draft bill, 'The Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2022,' was developed following Law Reforms Commission advice, the council of ministers chose not to advance it as of July 2023.

The High Court, while acknowledging the social concerns from a public interest litigation (PIL), recognizes its limits in compelling legislative action. The PIL by Kerala Yukthivadi Sangham advocates for laws akin to those in Maharashtra and Karnataka to curb harmful supernatural rituals. The court has urged the government to clarify its strategy to curtail these practices absent legislative backing, referencing the unacted recommendations from the K T Thomas Commission report.

Criticism has arisen from the lack of legal advancement following the human sacrifice case in Pathanamthitta. The petition notably argues for restricting media content that promotes superstitious beliefs. As the debate continues, Kerala High Court has requested a detailed government response on how it will address the menace of black magic without formalized legislation.

(With inputs from agencies.)