Kochi: The Kerala government on Tuesday informed the High Court that it remains committed to regulating harmful practices conducted under the guise of sorcery and supernatural acts, despite having deferred a proposed legislation on the matter.

The submission came during a hearing before the division bench of Chief Justice Nitin Jamdar and Justice Basant Balaji, in response to a public interest litigation filed by a prominent rationalist organisation.

The petitioner had sought the enactment and implementation of The Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019.

Court previously critical of cabinet's withdrawal

The court had earlier expressed dissatisfaction with the state Cabinet's decision to not proceed with the proposed Bill. However, in its counter affidavit filed on Tuesday, the government clarified that although the Bill had been deferred, the subject matter remains under active consideration.

State cites legal and constitutional hurdles

The government explained that the reason for the Cabinet's withdrawal from the legislative agenda was the presence of “complex legal and constitutional issues”. It added that despite the absence of a specific statute, the existing legal framework is “adequately equipped to address the issue”.

It further stated that criminal offences committed under the guise of magical or supernatural practices have been prosecuted under current laws.

Court seeks specific clarifications

The High Court has now asked the state to provide additional information on two specific points:

A brief explanation of the legal and constitutional challenges that led to the withdrawal of the proposed Bill.

Details of prosecutions undertaken in the past five years involving offences arising from magical or supernatural practices under existing laws.

The bench underscored the importance of providing a documented record of such cases, should the state maintain that these crimes have been effectively addressed under current legal provisions.

In its affidavit, the government reiterated that the formulation of a special law to address sorcery and related inhuman practices “remains under active governmental review”.

The court has directed the state to indicate by when this “active consideration” is expected to conclude and to provide a timeline for a final decision. The case has been posted for further hearing on 5 August.

IANS inputs