Kerala High Court Dismisses PIL Seeking Enactment Of Law Against Superstition & Human Sacrifice For 'Default'

The Kerala High Court on Tuesday dismissed the PIL seeking a direction to be issued to 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 Division Bench comprising Chief Justice S.V.N. Bhatti and Justice Basant Balaji dismissed the petition for default as no counsel for the petitioner, Kerala Yukthi Vadhi Sangham, had appeared before the Court. 

"No representation for petitioner...in the forenoon and afternoon. Hence we are constrained to dismiss the writ petition for default," the Court ordered.

The registered cultural organization, Kerala Yukthi Vadhi Sangham, filed the plea in the wake of two horrific instances of human sacrifice of two women in Elanthoor, Pathanamthitta. The State Law Reforms Commission headed by Justice K.T. Thomas had made its recommendations to the government on the bill in 2019. 

In the plea filed through Advocate P.V. Jeevesh, the petitioner averred 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 stated. 

The Court had earlier been informed that the State government was contemplating enactment of a legislation against human sacrifice and other such superstitious practices, which was also recorded by the Court. 

During the hearing, the State Attorney submitted that a time limit for the same could not be fixed by the Court in that regard since the legislation would have to be discussed at many levels and that the same would take time. 

"What is belief and what is superstition, the difference is very narrow. So the discussion has to be made at various levels which will take time," the counsel said. 

The Court proceeded to dismiss the petition taking note that there had been no representation for the petitioner on the earlier date of hearing on May 26, 2023, either. 

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