Legislation against black magic, witchcraft not anytime soon; Committee to seek public opinion

THIRUVANANTHAPURAM: The legislation to curb superstition and wrongdoing will be delayed further. Home Secretary Bishwanath Sinha IAS issued an order on Saturday extending the term of the expert committee, formed on the orders of the High Court, by four months.

This was based on a letter from committee member K. Sasidharan Nair requesting more time. The delay was sought because broad public opinion should be sought, and it was a matter that should be handled with great care.

Legislation seemed necessary in the wake of the increase in murders and human sacrifices following witchcraft in the state.

Since it is difficult to distinguish between faith and superstition, the government withdrew the draft bill submitted by the Law Reform Commission, headed by Justice K.T. Thomas, in July 2023. The withdrawal was due to fear of opposition from believers. The Home Department said it was not practical to exempt rituals that were not harmful to life. An expert committee was formed to prepare the draft bill on a petition filed in the High Court by the Rationalist organisation. The expert committee was appointed by the Home Department last November. The deadline was three months.

The committee members were former law secretary and district judge K. Sasidharan Nair, former DGP Jacob Punnoose, and Waqf Board chairman M.K. Zakir. M.K. Zakir resigned after becoming the Left candidate in Ponnani. Maharashtra passed similar laws in 2013 and Karnataka in 2017.

Points included in draft bill:

• Death penalty for murder due to witchcraft and ritual. Life imprisonment for serious injury

• Seven years’ imprisonment and a fine of half a lakh rupees if practising or encouraging superstitions and black magic.

• Sorcery, exorcism through violent means, and animal sacrifice are crimes.

• In Bihar, Jharkhand, and Chhattisgarh, witchcraft is illegal.

• Rajasthan also has a law to prevent assaults on women in the name of witchcraft.