Kerala HC Dismisses Plea For Legislation Against Sorcery And Black Magic

The Kerala High Court recently dismissed a plea seeking direction to the State government to pass legislation aimed at curbing superstitious practices such as sorcery and black magic.

A bench of Chief Justice SV Bhatti and Justice Basant Balaji dismissed the plea due to the petitioner’s absence and failure to appear for the scheduled hearings on multiple occasions.

“No representation for the petitioner on 26.05.2023 in the forenoon and afternoon. There is no representation for the petitioner today also. Hence, we are constrained to dismiss the writ petition for default,” the bench stated.

The Kerala Yukthi Vadi Sanghom, represented by advocate PV Jeevesh, filed a petition urging the State government to enact legislation to combat superstitious practices such as sorcery and black magic. The petition was prompted by a gruesome incident of human sacrifice in the State, resulting in the murder and dismemberment of two women.

According to the petitioner, this particular incident was not an isolated case but rather indicative of a pattern of crimes linked to superstitious beliefs in the State. However, only a few of these incidents are reported, highlighting the need for effective measures to address the issue.

“It has come to light several cases of human sacrifices and other types of assaults in connection with the superstitious belief of black magic and witchcraft. For the purpose of god’s grace, financial gains, getting jobs, resolving family problems, the birth of children, and for several other desires, some people are practicing black magic and witchcraft of which people belong to the downtrodden, and the children and women are mostly the victims,” the plea pointed out.

The petitioner organization, having approached both the Central and State governments and submitted various mass petitions and model bills, sought a directive as a “reminder” to the State government to enact a law prohibiting practices such as black magic, witchcraft, sorcery, and other inhumane, evil, and sinister activities.

Additionally, the plea requested the government to consider and make a decision on the recommendations put forth in the 2019 Law Reforms Commission report submitted by Justice KT Thomas. The report pertained to The Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery, and Black Magic Bill, 2019.

Significantly, the petitioner argued that numerous films, telefilms, and advertisements on television, YouTube, and OTT platforms promote superstitious practices, thereby encouraging people to engage in such activities.

Consequently, the plea sought directions to take action against producers, directors, writers, and actors involved in movies, TV shows, and online content that promote superstitious beliefs.

Furthermore, the petitioner requested that the advertisement of books related to black magic on internet platforms be deemed illegal.

In October 2023, the State government informed the Court that it was actively considering the enactment of anti-superstition legislation. However, since no one appeared on behalf of the petitioner during the scheduled hearing, the Court dismissed the case due to default.