KOCHI: The High Court has asked whether the government condones witchcraft and sorcery. The division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji raised this question verbally in the wake of the government's announcement that it has withdrawn from enacting legislation to ban these practices. The High Court also asked whether the government's position is that it can move forward by condoning the evil practices.

The court rejected the explanation submitted by the Deputy Secretary of the Home Department and directed the Secretary himself, a senior official, to submit a detailed affidavit.

The action was taken on a petition filed by Kerala Yukthi Vadhi Sangam seeking directions for the enactment of legislation to prohibit witchcraft and sorcery. The petition will be considered again on July 15. The court had earlier sought the government's response. The government stated that it was considering the 'Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill 2022' as recommended by the Law Reforms Commission headed by Justice KT Thomas. However, the cabinet meeting on July 5, 2023 decided not to proceed with this.

The affidavit filed by Deputy Secretary M Manju explained that since this is a policy decision of the Government, the Court cannot, through a writ of mandamus, direct legislation and that the petition should be dismissed.

The court said that although the argument that law-making cannot be forced is correct, it does not mean that there should be no intervention. The court asked what regulatory measures the government is taking in the absence of a law. The court does not expect such an affidavit on a matter of social importance. The court also directed the secretary to submit an affidavit within three weeks explaining the regulatory measures.