The Kerala High Court on Tuesday expressed concern over the State’s prolonged delay in bringing a law against black magic, sorcery and inhuman practices, even as disturbing incidents continue to surface. While stopping short of directing the government to enact legislation, the court suggested an interim solution - a dedicated police mechanism to deal with such complaints.
Background of the Case
The petition was filed by Kerala Yukthi Vadhi Sangam, a registered organisation that promotes rationalism, scientific temper and humanism. The group approached the High Court in October 2022, flagging the rise of black magic, witchcraft and related practices in Kerala.
During the early hearings, the petitioner pointed to reports of human sacrifice and argued that Kerala lagged behind States like Maharashtra and Karnataka, which already have anti-superstition laws in place. The State government initially told the court that it was considering legislation on the issue.
Over the years, however, the stand evolved. The State submitted that even without a specific anti-superstition law, existing criminal laws were sufficient to deal with offences committed in the name of black magic or supernatural claims.
Government’s Stand
In affidavits filed before the court, the State relied on provisions of the Bharatiya Nyaya Sanhita, 2023, the Drugs and Magic Remedies (Objectionable Advertisements) Act, the Kerala Police Act, and other special laws such as the SC/ST (Prevention of Atrocities) Act and POCSO.
The government also disclosed that a draft Bill - the Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2022 - was prepared based on recommendations of the Law Reforms Commission headed by Justice K.T. Thomas. However, the Council of Ministers in July 2023 decided not to proceed with the Bill at that stage.
Later, the State constituted a three-member expert committee to examine the issue further. The court was informed that the committee had held multiple sittings and that more consultations with stakeholders were required.
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Court’s Observations
A Bench comprising Chief Justice Nitin Jamdar and Justice Syam Kumar V.M. noted that for nearly four years, the State had neither clearly refused to enact a law nor taken final steps towards one.
“The process of consultation with stakeholders and constitution of committees continues,” the Bench observed, pointing out the lack of a clear outcome despite repeated assurances.
The judges acknowledged that courts have limitations and cannot compel a legislature to pass a law. Still, they underlined that the Constitution places a duty on citizens and the State to promote scientific temper and humanism under Article 51A(h).
Referring to the State’s own claim that existing laws can address crimes linked to black magic and sorcery, the court said this stand must translate into visible action on the ground.
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Interim Measure Suggested
In a significant observation, the Bench said the State should consider setting up a special cell to deal exclusively with complaints relating to black magic, witchcraft and similar inhuman practices.
“Such a step would at least demonstrate the seriousness of the State in taking measures against these practices,” the court noted, adding that this could be done irrespective of whether a special law is eventually enacted.
The suggestion was framed as an interim arrangement, aimed at ensuring quicker response and focused attention to such cases.
Decision
Taking note of the State’s request for more time, the High Court granted an opportunity to place the matter before the Chief Secretary for consideration. The court recorded the assurance of the State Attorney that suitable steps, if any, would be examined at the highest administrative level.
The case has now been posted for further hearing on February 10, 2026.
Case Title: Kerala Yukthi Vadhi Sangam v. Union of India & Others
Case Number: WP(C) No. 33093 of 2022
