Kerala backs off from enacting black magic law, cites policy decision in High Court

Kochi | The Left Government in Kerala has told the High Court that it will not proceed to enact a law to ban black magic, sorcery, and other inhuman practices, citing a policy decision made by the state cabinet.

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

However, after deliberations, the council of ministers decided on July 5, 2023, not to go ahead with the legislation, it said.

The government submitted that while the court may have noted the social concerns raised in the PIL, it cannot compel the legislature to pass a law.

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

Meanwhile, the high court asked the state government to clarify the steps it intends to take to control sorcery and black magic, especially in light of the government's stand that no legislation is currently under consideration.

The court noted that although the K T Thomas Commission report had recommended legislation to curb black magic and related inhuman practices, the government had not taken any follow-up action on the report.

The court has now asked the state to clearly explain how it plans to prevent the practice of black magic and sorcery, even in the absence of a law.

It also directed the government to file a detailed affidavit within three weeks.

The state's home department had filed the affidavit on June 21, 2025, stating that the Council of Ministers had initially discussed the matter but later decided not to proceed with legislation.

The court had earlier asked the state to clarify its position after a public interest litigation (PIL) filed by the Kerala Yukthivadi Sangham sought a law similar to those enacted in Maharashtra and Karnataka to prohibit harmful rituals conducted in the name of supernatural powers.

The PIL, first filed in 2022, was dismissed in June 2023 due to the absence of representation from the petitioner. It was later restored, prompting the High Court to seek the government's latest stance.

The Yuktivadi Sangham, in its plea, has stated that the Law Reforms Commission, headed by Justice (retired) K T Thomas, had submitted a comprehensive report to the State of Kerala in the year 2019, with legislative recommendations based on new social conditions.

"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 has claimed.

The plea was filed in 2022 in the wake of a ritual human sacrifice of two women in the Pathanamthitta district of Kerala by three people, including a couple.

The petition has claimed that the states of Karnataka and Maharashtra have passed laws against sorcery and black magic.

It has also sought 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 PIL, first filed in 2022, was dismissed in June 2023 due to the absence of representation from the petitioner. It was later restored, prompting the High Court to seek the government's latest stance.

The Yuktivadi Sangham, in its plea, has stated that the Law Reforms Commission, headed by Justice (retired) K T Thomas, had submitted a comprehensive report to the State of Kerala in the year 2019, with legislative recommendations based on new social conditions.

"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 has claimed.

The plea was filed in 2022 in the wake of a ritual human sacrifice of two women in the Pathanamthitta district of Kerala by three people, including a couple.

The petition has claimed that the states of Karnataka and Maharashtra have passed laws against sorcery and black magic.

It has also sought 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"