Scared of hurting religious sentiments; bill against black magic and sorcery yet to be enacted in Kerala

THIRUVANANTHAPURAM: Black magic and sorcery resulting in murders are recurring in the state. Still, the Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, drafted ten years ago, is yet to see the light of the day. The reason is the fear that if the law is introduced, religious organizations will interpret the government as being against their beliefs.

It was thought to implement the law by exempting non-life-threatening rituals in religious institutions from punishment, but it did not proceed. What is confusing the government is how to define superstition without opposing religious beliefs. The draft bill was prepared by Justice KT Thomas in the backdrop of witchcraft murders of women in Thazhava in July 2014 and Ponnani in August. The draft was submitted in October 2019 but no further action was taken.

This law will empower the police to detect immorality and superstition. The Law Department has suggested that ceremonies other than those organized or under the responsibility of institutions can be defined as uncivil. However, it was argued that this would be against the concept of equal justice. Freedom of religion and worship is a fundamental right.

Kuthiyottam, Shoolam Kuthu, Villil Thookkam in temples and Thee Theyyam in Malabar will have to be banned, which is troubling the government. KT Thomas and KD Prasena had introduced private bills in the Assembly to prevent superstition.

Death penalty in case of death

Imprisonment for up to 7 years for promoting or practicing black magic and superstitions. The draft also provides for death penalty in case of death. Even if advertisements promoting these are issued there will be imprisonment up to 7 years and a fine of Rs.50 lakhs. Sorcery, exorcism by violent means, animal sacrifice etc. are on the list of crimes.

Enacted in 6 states

• In the Karnataka Act, superstition is defined as anything that is not supported by science
• Exorcism, sale of magic stones and talismans and divine healing are punishable by 7 years imprisonment under Maharashtra law.
• Bihar, Jharkhand and Chhattisgarh have laws to prevent sorcery and witchcraft.
• The law in Rajasthan prohibits harassment of women on account of ghost exorcism