Kerala High Court flags delay in enacting anti-superstition law, suggests creation of complaints cell

The Kerala High Court recently expressed concerns over delays by the State government in enacting a law to curb inhuman practices in the name of black magic, sorcery and superstition [Kerala Yukthi Vadhi Sangam v The Union of India & ors]..A Division Bench of Chief Justice Nitin Jamdar and Justice Syam Kumar VM was dealing with a petition filed in 2022 for the introduction of such a law. In response to this plea, the State had on several occasions told the Court that it is contemplating the creation of an anti-superstition law.However, no such law was enacted despite the passage of four years, the Court noted on January 6. "For nearly four years, the State has neither positively declined to enact legislation on the subject nor taken final steps in that regard, and the process of consultation with stakeholders and constitution of Committees continues," it said. The Court, therefore, suggested that the State at least set up a special cell to handle complaints relating to black magic and other such inhuman practices as an interim measure, until an anti-superstition law is enacted. This would should the seriousness of the State in tackling such practices, the Court said. "According to us, in this situation, having regard to the stand of the State Government that existing statutory provisions also deal with practices of black magic, witchcraft and sorcery, 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 can be made irrespective of the steps that the State Government is already contemplating towards enacting special legislation," the January 6 order stated. .The writ petition before the Court was filed in October 2022 by Kerala Yukthi Vadhi Sangam, a cultural organisation that works for the promotion of rationalism. The said organisation had raised concerns about atrocities committed in the name of superstition, black magic and sorcery.The plea was earlier dismissed in 2023 by the Court, citing the non-appearance of the petitioner-organisation during hearings. However, the case was later revived by the Court..In its plea, the petitioner organisation highlighted incidents of human sacrifices reported in Kerala. The petitioner pointed out that States like Maharashtra and Karnataka have already enacted legislation to prohibit such practices. It called for the Kerala government to take similar steps to curb superstitious practices. The State last year told the Court that even if there is no specific anti-superstition law in Kerala yet, existing laws can be invoked to deal with criminal acts that were rooted in superstition. The State also referred to Bill being contemplated to tackle such practices, namely the 'Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019', based on the recommendations of a commission chaired by former Supreme Court judge Justice KT Thomas.A Committee of Experts was also set up to deliberate on this issue. .However, the matter remained under consideration and the State was yet to enact any anti-superstition law, the Court noted on January 6.The case will be heard next on February 10. State Attorney N Manoj Kumar has told the Court that he will, meanwhile, inform the State's Chief Secretary about the Court's suggestion to set up a dedicated special cell to deal with complaints related to superstitious practices. .Senior counsel OV Radhakrishnan instructed by advocate PV eevesh, appeared for the petitioner..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.