Kerala’s war on superstition: 34 practices to be banned

THIRUVANANTHAPURAM: An expert committee, formed under the instructions of the High Court, has identified 34 specific types of witchcraft, harmful customs, and superstitions prevalent in Kerala. Action is now underway to draft a law to ban these practices. In the initial phase, the government will seek public opinion to ensure a transparent legislative process. This law is being introduced to curb the rising incidents of murder and exploitation linked to occult practices.

Classification of Prohibited Acts

The committee has categorized these practices into three distinct tiers based on their severity:

1. Category I: Demonic & Severe Acts This category includes 10 high-gravity offences that directly threaten life and human dignity:

• Human sacrifice and physical mutilation for religious or ritualistic purposes.
• Sexual exploitation and abuse under the guise of "spiritual healing" or pujas.
• Human trafficking and the infliction of burns or wounds in the name of witchcraft.
• Denial of essential medical treatment in favour of ritualistic intervention.

2. Category II: Violent Rituals & Social Exclusion This category comprises 12 items focused on physical and psychological harm:

• Forced exorcisms involving physical violence or poisoning.
• The use of dead bodies for witchcraft and ritualistic body piercing.
• Insulting or dehumanising women based on superstition.
• Inciting families to abandon members and the operation of unauthorised "witchcraft institutions."

3. Category III: Fraud & Digital Exploitation This category includes 12 items related to financial crimes and misinformation:

• Financial exploitation, extortion of property, and the sale of "fake" divine objects.
• False predictions of disasters used to secure financial gain.
• The use of digital platforms to promote prohibited services or spread false propaganda regarding the deceased.

Legislative background

The list was compiled by an expert committee including K. Sasidharan Nair (Vice Chairman of the Law Reform Commission) and former DGP Jacob Punnoose.

This initiative follows a petition filed by the Yukthivadi Sangham (Rationalist Association). While a draft bill was originally submitted in 2019 by the commission headed by Justice K.T. Thomas, it was withdrawn in July 2023 due to the complexities of distinguishing personal faith from superstition and concerns regarding potential pushback from religious communities.

Comparative laws in other states

Kerala's proposed law joins a growing framework of similar legislation across India:

• Karnataka: Rituals that lack scientific support are legally classified as witchcraft and evil customs.
• Maharashtra: Perpetrators can face up to 7 years in prison for practicing exorcism, using "magic stones," or claiming divine healing.
• Bihar, Jharkhand, and Chhattisgarh: Sorcery and related practices are strictly illegal under specific state statutes.
• Rajasthan: A dedicated law has been passed to prevent physical and mental assaults on women in the name of "ghost possession."