Kerala High Court: In a petition highlighting the need to enact laws prohibiting the practice of black magic, the Division Bench of Nitin Jamdar, C.J.* and Basant Balaji, J., directed the State Government to file an affidavit regarding its stand on the necessity and urgency of enactment of the laws prohibiting the practice of black magic, witchcraft or sorcery, and other inhuman, evil and sinister practices in the name of so called supernatural or magical powers or evil spirits.
The petitioner’s filed the present petition seeking to issue a writ directing the State Government to consider and take a decision on the recommendation of the Law Reforms Commission report, 2019, submitted by Justice K.T. Thomas, with regard to the enactment of “The Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill-2019”.
Further, the petitioner also seeks the direction to constitute a special team for conducting a proper and efficient investigation into the missing-person incidents reported for the last 50 years in the State. Petitioner also seeks to issue a declaration to the effect that no person shall commit, promote, propagate or practice human sacrifice and other inhuman, evil, and barbaric practices and black magic till an adequate and a comprehensive enactment is made in this regard, and also, to declare such acts to be cognizable and non-bailable offence.
The Court noted the Petitioner’s submission for directing the State Police to conduct a search and find out the black magic and witchcraft centres in the State and take appropriate actions under the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954.
The petitioner further seeks to declare that films, serials, etc, which are being aired on big screen and other media platforms, having content of superstitious beliefs, etc, to be held illegal, exempting those having good intentions and having good artistic values. Also, to take legal actions against its producers, directors, writers, actors, etc. The Court also noted the Petitioner’s contention to declare that the advertisement of books for sale with regard to black magic on internet sites to be held illegal and punishable.
Thus, the Court directed the Senior Secretary of the department concerned, to file an affidavit as to the stand of the State in respect of the above contentions of the Petitioner.
The matter is next listed on 24-6-2025.
[Kerala Yukthi Vadhi Sangam v. Union of India, WP(C) No. 33093 of 2022(S), decided on 03-06-2025]
Order by- Chief Justice Nitin Jamdar
Advocates who appeared in this case :
For the Petitioners: P. V. Jeevesh and D. Sreekanth, Advocates.
For the Respondents: N.Manoj Kumar , Advocate.
