The Left-led Kerala government has informed the High Court that it will not move forward with legislation to ban black magic, sorcery, and other inhuman practices, citing a policy decision by the state cabinet. The submission was made in an affidavit filed by the Home Department on June 21, 2025, before a division bench led by Chief Justice Nitin Jamdar.
The state clarified that while 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, the Council of Ministers decided against enacting it after deliberations on July 5, 2023.
The affidavit emphasized that the High Court cannot compel the legislature to enact any law. “A writ of mandamus will not lie against the legislature directing it to legislate on a particular subject,” it stated.
However, the High Court expressed concern over the lack of legislative steps to curb such practices and asked the state to explain what alternative measures it intends to take to address the issue. The bench directed the government to file a detailed affidavit within three weeks, outlining steps, if any, being taken in the absence of legislation.
The petition prompting the court’s inquiry was filed by Kerala Yukthivadi Sangham, a rationalist organization, in 2022 following the ritualistic human sacrifice of two women in Pathanamthitta district by three individuals, including a couple. The petition called for legislation similar to those enacted in Maharashtra and Karnataka, which prohibit black magic and exploitative rituals.
The PIL was initially dismissed in June 2023 due to the petitioner’s non-appearance but was later restored, leading to the present proceedings. The rationalist group argued that the Law Reforms Commission led by Justice (retd.) K.T. Thomas had, as early as 2019, submitted a detailed report recommending legislation to prevent inhuman practices carried out in the name of the supernatural. Despite this, the government has not acted on the recommendations, the plea alleged.
Further, the petition sought judicial scrutiny over media content promoting superstitions, urging a declaration that films, serials, and OTT content promoting sorcery and occultism—unless intended for artistic or educational purposes—should be deemed illegal.
The court has taken note of the K.T. Thomas Commission’s recommendations and the social concerns raised in the petition. It stopped short of issuing any directive to legislate but insisted the state clearly articulate how it intends to address black magic and related practices going forward.
