Form special cell to deal with black magic, HC tells govt.

The Kerala High Court has asked the State government to consider setting up a special cell to deal with offences related to black magic, witchcraft, sorcery, and other inhuman practices.

A Division Bench of Chief Justice Nitin Jamdar and Justice Syam Kumar V.M. suggested this while hearing a public interest litigation (PIL) filed by the Kerala Yukthivadi Sangham in 2022 seeking a legislation similar to those enacted in Maharashtra and Karnataka to prohibit such harmful rituals. The PIL was filed in the wake of the alleged human sacrifice of two women in Pathanamthitta district.

During a hearing in November, the government had informed that an expert committee constituted on the matter had held two sittings. On Tuesday, the government cited the need for further consultations with stakeholders and sought further time.

Citing the need for interim measures, the court noted that the petition had been filed by a registered cultural organisation to propagate rationalism, humanism, scientific temper, and the spirit of enquiry.

The Additional Chief Secretary, Home department, had filed an affidavit in July 2025 stating that, notwithstanding the absence of a specific statute, the existing legal framework was adequately equipped to address instances where such practices resulted in violence, exploitation, coercion or harm.

He submitted that the provisions of the Bharatiya Nyaya Sanhita, 2023, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Kerala Police Act, 2011, and other special laws including the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Protection of Children from Sexual Offences Act, 2012, and the Juvenile Justice (Care and Protection of Children) Act, 2015, had been invoked in appropriate cases.

Thereafter, an additional affidavit was filed by the Chief Secretary stating that the government had proposed a Bill — the Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2022, based on a report of the Law Reforms Commission.

The government had stated that urgent steps were being taken to expedite the enactment of legislation in tune with the Maharashtra and Karnataka anti-superstition laws.

The court reminded that Article 51A(h) of the Constitution enjoined a fundamental duty on every citizen to develop a scientific temper, humanism and the spirit of enquiry.

The Law Reforms Commission, headed by Justice K. T. Thomas, had submitted a report in 2019 recommending legislation for eradicating such practices. In this situation, the State ought to consider setting up a special cell to deal with complaints of this nature. This would, at least, demonstrate the seriousness of the State in taking measures against such inhuman practices. Such arrangements could be made, irrespective of the steps that the government was already contemplating towards enacting a special legislation, the court said and posted the matter for hearing on February 10.