The Kerala High Court recently asked the State to clarify its stand on the enactment of a law to prohibit black magic, sorcery, and inhuman rituals [Kerala Yukthi Vadi Sanghom v Union of India and ors].
A Division bench of Chief Justice Nitin Jamdar and Justice Basant Balaji asked the State to file an affidavit on whether such a legislation is still under consideration.
The Court issued the direction while reviving a plea which was earlier dismissed by the Court for non-appearance of the petitioner.
In its latest order passed on June 3, the bench recalled that when the matter was listed on October 18, 2022, the Court had taken note of the background of the case and recorded the submission made by the State Attorney that the Kerala government was contemplating legislation on the issue.
Accordingly, the Court now directed the Senior Secretary of the concerned department to file an affidavit stating the present position of the State in relation to that submission.
"Let an affidavit be filed by the Senior Secretary of the concerned department as to the stand of the State in respect of the above position," the Bench ordered while posting the matter next on June 24.
The petition was moved by Kerala Yukthi Vadi Sanghom in the wake of a gruesome human sacrifice case in the State.
The petitioner sought directions for enacting a law similar to those in Maharashtra and Karnataka.
The Court had earlier dismissed the petition in June 2023 on account of repeated non-representation despite multiple listings.
However, noting the gravity of the issues raised the Court revived the petition.
The petitioner said that the legislative recommendations made by the Kerala Law Reforms Commission in 2019 should be implemented.
The Commission, chaired by former Supreme Court judge Justice KT Thomas, had proposed the 'Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019', but the State had not acted upon it.
The plea also sought other reliefs, including investigation into missing person cases over the past 50 years, action against black magic centres under existing laws, regulation of superstitious content on media platforms such as films, web series etc, and the enforcement of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
The petitioner was represented by advocates PV Jeevesh and D Sreekanth.
State Attorney N Manoj Kumar appeared for the Kerala government.
Central government counsel Suvin R Menon represented the Union government.
[Read Order]