Kochi: A commission headed by former Supreme Court judge K T Thomas had recommended a bill aimed to ban black magic in Kerala.
However, the state government didn’t implement the commission’s recommendations — the Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019.
The matter has been brought into focus again after the Kerala Yukthi Vadhi Sangham filed a public interest litigation (PIL), seeking the enactment of a specific law to ban all practices of black magic and sorcery that result in bodily harm.
Hearing the matter on Wednesday, the Kerala High Court expressed dissatisfaction with the state government’s stance of not proceeding with the legislation to ban black magic, sorcery and other inhuman practices.
The state government’s counsel told the high court that the decision not to pass such a law was taken by the state cabinet, hence it’s a policy decision.
The government submitted that the court cannot issue a writ of mandamus compelling the enactment of such a law, as it falls within the domain of executive policy.
The division bench of Kerala HC, comprising its Chief Justice Nitin Jamdar and Justice Basant Balaji, asked the government to propose alternative measures to curb the spread of black magic and sorcery if it holds a similar view on the matter.
“The affidavit does not mention that the state has endorsed such practices and does not wish to eradicate the same,” the court said.
As illegal practices continue to be carried out, not enacting legislation as per recommendation of the commission amounts to an implicit endorsement of those activities, the high court told the state government.
The legislature does have the authority to decide on whether to frame laws, but the high court can’t issue a directive mandating such a move, the bench said.
The court directed the state government to file a detailed affidavit within three weeks.
Kerala Yukthi Vadhi Sangham, an organisation that leads campaigns against black magic and other similar practices, sought the enactment of ‘The Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill 2019’.
The next hearing in the case will be
