High Court orders initial action to be taken within four weeks: Kerala to introduce anti-superstition law

KOCHI: The government is preparing to enact an anti-superstition law to replace the Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill (2022), which was postponed due to confusion in the cabinet. This was clarified in the affidavit filed by Chief Secretary Dr. A. Jayathilak in the High Court on the petition of the Kerala Rationalist Group (KYS). The existing law in Karnataka and Maharashtra will be adopted as a model. A division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji directed the government to take initial steps within four weeks to enact the legislation. The petition will be considered again on October 7.

The Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Blackmagic Bill was earlier considered to ban witchcraft and sorcery. This was in the context of the Ilanthur double human sacrifice case. However, the cabinet meeting on July 5, 2023 decided to postpone the bill. This was done citing legal and constitutional obstacles.

Although the High Court had sought details, the Chief Secretary informed that since the cabinet discussions are confidential, they should not be forced to be disclosed. He also stated in the affidavit that urgent steps are being taken for the anti-superstition law under consideration. It will take time to finalize it as opinions have to be sought from the Social Justice, Police, Health departments and the Advocate General. The court directed that at least initial steps be taken within a month, considering this.

38 cases

The Chief Secretary informed the court that 38 cases related to witchcraft have been registered in various districts in the last 5 years. He also explained that effective trials are being conducted by imposing appropriate sections of the Bharatiya Nyaya Sanhita, Police Act, Pocso Act, Drugs and Magic Remedies Act etc.