Plea In Kerala High Court Seeks Enactment Of Bill Against Superstition and Human Sacrifice

Kerala Yukthi Vadhi Sangham has filed a petition before the Kerala High Court seeking a direction for the state government to consider and take a decision regarding enactment and implementation of 'The Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019'.

The state Law Reforms Commission headed by Justice K.T. Thomas had made its recommendations to the government on the bill in 2019. The bill has been in news in wake of the recent horrific report from Pathanamthitta district of Kerala where three persons were arrested for "human sacrifice" of two women.

In the plea filed through Advocate P.V. Jeevesh, the petitioner, which is a registered cultural organization in Kerala, has said that the State was continuously witnessing several incidents of crimes in connection with superstitious beliefs. 

"It has come to light several cases of human sacrifices and other types of assaults in connection with the superstitious belief of black magic and witchcraft. For the purposes of God's grace, financial gains, getting jobs, resolving family problems, the birth of children, and for several other desires, some people are practicing black magic and witchcraft of which people belong to the downtrodden, and the children and women are mostly the victims", the petition submits. 

The petitioner has further argued that although it had approached both the central and state government several times, preferred several mass petitions, and submitted model bills for the statute, seeking an adequate enactment of law to protect the civil society against evil and sinister practices, the same had not made any headway. 

Although some bills had been proposed in this regard, the petitioner submits that the same have not been implemented. The plea states that opponents to the proposed bills contend that those are against their religious and other beliefs. It has been further pointed out by the petitioner that in the states of Karnataka and Maharashtra, suitable legislations in this regard have been able to tackle the menace effectively. 

Thus, the petitioner has submitted that since the State has been a mute spectator in light of these atrocities and the practices - which amount to violation of right to life under Article 21 of the Constitution, it was upon the judiciary to make the necessary 'reminder call', and issue directions. The petitioner relied upon the 'Beijing Statement of Principles of Independence of Judiciary in LAWASIA Region' to which India is a signatory, to buttress its argument. 

Additionally, the plea also throws light upon various advertisements aired on print, visual and social media, which propagate false claims of curing and preventing diseases through magical powers, and false claims on drugs, and avers that The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, has not been effectively enforced in the state.

Additionally, the petitioner submits that films on big screens and OTT platforms, as well as several serials and telefilms on various platforms, having content on superstitious beliefs and occult practices also have an adverse impact on the scientific temper of society and lead to commission of several crimes. The petitioner has also submitted data on the number of missing persons in the State to solidify its arguments. 

The petitioner has pointed out the urgency for a law prohibiting the practice of black magic, witchcraft, sorcery, and other inhuman, evil and sinister practices and said that the government be asked to consider the implementation of 'The Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill, 2019'. 

The petitioner has also sought for a direction for setting up of a special team for conducting a proper investigation or re-investigation into the missing person incidents for the past 50 years in the State. 

The commission of offences of promoting, propagating, or practicing such inhuman and evil practices, or causing others to do the same, be made cognizable and non-bailable, the petition prays further.

The petitioner has also sought a writ to be issued directing the State Police Chief to conduct a search and find out the black magic and witchcraft centres in the state and to take appropriate actions under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. 

It has also prayed that films, telefilms and serials that are being aired on various platforms, airing content on superstitious beliefs and occult practices, save those with good intentions, be declared illegal, and appropriate writ be issued to the respondents to take suitable action against the producers, directors, writers, actors, and others associated with the same. 

Apart from these, the petitioner has also sought declaration from the Court that advertisements of books for sale with respect to black magic on internet sites are illegal, and prayed that suitable direction be issued to the authorities to take action regarding the same. 

The petition has been filed in the wake of the recent human sacrifice in Elanthoor Village in Pathanamthitta District of Kerala, wherein two women lottery vendors had been abducted and brutally killed as part of a ritualistic sacrifice by three accused persons namely, Muhammad Shafi alias Rasheed, Bhagaval Singh and Laila. 

Case Title: Kerala Yukthi Vadhi Sangham v. Union of India & Ors.