Kochi: The Left-led Kerala Government has informed the High Court that it will not move forward with a proposed law to ban black magic, sorcery, and other inhuman practices, citing a policy decision taken by the state cabinet.

In an affidavit filed before a division bench of the Kerala High Court, headed by Chief Justice Nitin Jamdar, the government stated that a draft bill titled "The Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2022" had indeed been prepared. The draft was based on recommendations from the Law Reforms Commission.

However, the state clarified that after further deliberation, the council of ministers decided on 5 July 2023 not to proceed with the legislation.

“Court cannot compel legislature to legislate”

In its affidavit dated 21 June 2025, the Home Department submitted that while the court may acknowledge the social concerns raised in the public interest litigation (PIL), it does not have the power to direct the legislature to enact a particular law.

"A writ of mandamus will not lie against the legislature directing it to legislate on a particular subject," the affidavit stated.

Court questions absence of legislative action

Despite the government’s stance, the High Court has asked the state to clarify what steps it plans to take to control black magic and sorcery, particularly since no legislation is currently under consideration.

The court pointed out that although the K T Thomas Commission report had recommended legal measures to curb inhuman practices associated with black magic, no follow-up action had been taken by the government.

The court has now directed the state to file a detailed affidavit within three weeks, outlining how it intends to address the issue in the absence of dedicated legislation.

PIL revived after ritual killing shocks state

The PIL was originally filed by the Kerala Yukthivadi Sangham in 2022, following a gruesome ritual human sacrifice case in the Pathanamthitta district, where two women were killed by three individuals, including a couple.

The petitioner organisation noted that the Law Reforms Commission, led by Justice (Retired) K T Thomas, had submitted a comprehensive report in 2019. It included recommendations for statutes addressing evolving social concerns.

"The Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill-2019, is one of the recommended statutes. But so far, no attempt has been made on the part of the state on the matter," the organisation claimed.

The PIL had initially been dismissed in June 2023 due to lack of representation from the petitioner but was later restored, prompting the High Court to seek the state government’s updated position.

Petition seeks broader action

In addition to seeking legislation, the PIL has also called for a declaration that “films on big screens and OTT platforms, and several serials and other telefilms, aired on television channels and YouTube, having content of superstitious beliefs, including sorcery and occult practices, exempting those having good intentions and having good artistic values, are illegal”.

The petitioner pointed out that other states such as Karnataka and Maharashtra have already enacted laws prohibiting harmful rituals and superstitious practices carried out in the name of supernatural powers.

PTI inputs