The Kerala High Court has expressed serious concern over a four-year delay by the state government in formulating a dedicated law to curb practices of black magic, witchcraft, and sorcery. During a hearing, the court strongly suggested that the state consider establishing a special cell to efficiently handle complaints of this nature.
Court's Observations on Legislative Delay
A bench comprising Chief Justice Nitin Jamdar and Justice Syam Kumar V M was hearing a public interest litigation (PIL) that raised alarms about the prevalence of harmful supernatural practices. The court noted that while it cannot legally compel the legislature to create a law, the state's prolonged inaction was evident.
"As is evident from the developments in this litigation, for nearly four years, the State has neither positively declined to enact legislation on the subject nor taken final steps in that regard," the bench observed. It highlighted that the process of consulting stakeholders and forming committees has been ongoing without a conclusive outcome.
State's Stand and the Suggestion for a Special Cell
The state government, in its affidavit, argued that the existing legal framework under the Indian Penal Code and other statutes is sufficient to prosecute criminal acts committed under the guise of magic or supernatural claims, especially those involving violence, exploitation, or coercion.
However, the court was not fully convinced by this argument. It remarked that the state ought to consider setting up a special cell to deal specifically with complaints related to black magic and sorcery. "This would, at least, demonstrate the seriousness of the State in taking measures against such inhuman practices," the court stated. It added that such an administrative arrangement could be made independently, even as the government continues its process for a special law.
Background and Future Course
The petition's journey reveals the protracted timeline. In 2022, the state informed the court it was contemplating legislation. By 2025, the court directed the government to clarify its stand. Subsequently, an expert committee was formed to recommend legislative measures and was given three months.
In the latest hearing, the state sought more time, informing the court that the committee had held multiple meetings but required further consultations with stakeholders. The bench, while noting the submission, has now posted the matter for further hearing on February 10, 2026.
The court's push for a dedicated complaints cell underscores the urgent need for a structured mechanism to address grievances related to these exploitative practices, which often target vulnerable sections of society, even as the debate on a comprehensive law continues.
