Court Suggests Interim Measures as State Deliberates Anti-Superstition Legislation
In a significant ruling, the Kerala High Court has called on the State to intensify efforts towards enacting legislation to curb black magic, sorcery, and inhuman practices. The Division Bench, comprising Chief Justice Mr. Nitin Jamdar and Justice Syam Kumar V.M., delivered this judgment while hearing a petition filed by the Kerala Yukthi Vadhi Sangam, a cultural organization promoting rationalism and scientific temper.
The petition, filed in October 2022, sought legislative measures against inhuman practices masquerading as black magic and sorcery. The Court acknowledged the State's duty under Article 51A(h) of the Constitution, which promotes the development of scientific temper, humanism, and the spirit of inquiry among citizens.
The Bench noted that while the State Government has been contemplating legislation similar to the Anti-Superstition laws enacted in Maharashtra and Karnataka, a final decision is still pending. The Court emphasized that the State must expedite this process, considering the fundamental right to life and personal liberty under Article 21 of the Constitution is being infringed by such practices.
The Court suggested the establishment of a special cell to address complaints related to these practices as an interim measure. This step is intended to demonstrate the State's commitment to tackling these issues, even as consultations with stakeholders and drafting of proposed legislation continue. The State Government had earlier constituted an Expert Committee to deliberate on legislative measures, but further consultations are needed before a law can be enacted.
Despite acknowledging judicial limitations in mandating legislation, the Court urged the State to act promptly. The State Attorney assured that the Court's order would be presented to the Chief Secretary for further action. The matter is scheduled for a subsequent hearing on February 10, 2026, where further progress will be reviewed.
Bottom Line:
The Court emphasized the necessity of legislative measures to address atrocities committed in the guise of black magic, sorcery, and inhuman practices. It suggested interim arrangements such as the establishment of a special cell to address complaints, demonstrating the State's seriousness in tackling these issues.
Statutory provision(s): Article 51A(h) of the Constitution of India, Article 21 of the Constitution of India, Bharatiya Nyaya Sanhita, 2023, Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, Kerala Police Act, 2011, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Protection of Children from Sexual Offences Act, 2012, Juvenile Justice (Care and Protection of Children) Act, 2015.
Kerala Yukthi Vadhi Sangam v. Union of India, (Kerala)(DB) : Law Finder Doc Id # 2834427
