Kerala High Court questions 4-year delay on law against ‘black magic’, calls for special cell to deal with complaints

The Kerala High Court has suggested the state government to consider setting up a special cell to deal with complaints related to black magic, witchcraft, and sorcery while expressing concern over four-year delay in creating a legislation against such cases.

A bench of Chief Justice Nitin Jamdar and Justice Syam Kumar V M made the observation while hearing a plea highlighting concerns regarding the practices of black magic and witchcraft and directions to State for necessary measures.

The court noted that although it cannot issue a writ of mandamus directing the State to enact a law, the government, for nearly four years, neither declined to legislate nor taken final steps towards bringing in a statute to address the issue.

“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, and the process of consultation with stakeholders and constitution of committees continues,” the bench observed.

Considering the stand of the state government that existing statutory provisions also deal with practices of black magic, the court remarked, “State ought to consider setting up a special cell to deal with complaints of this nature.”

When the petition was taken for hearing in 2022, the court was informed by the state that it was contemplating legislation prohibiting such practices.

Thereafter, when the petition came up for consideration in 2025, directions were issued to the State to make its stand clear.

The additional chief secretary, home department, filed an affidavit stating that the existing legal framework was adequately equipped to address instances where such practices resulted in violence, exploitation, coercion or harm.

It was further stated in the affidavit that criminal acts committed in the guise of magical or supernatural claims were prosecuted effectively under the existing law.

The case was adjourned on the ground that the government had issued an order to constitute an expert committee to recommend legislative measures. The committee was granted a period of three months.

In the subsequent hearing, the state informed the court that the expert committee constituted to recommend legislative measures had held multiple meetings and that further consultations with stakeholders were required. Therefore, the state sought additional time to complete the process.

The court observed that the state should consider establishing a special cell to handle complaints related to black magic and sorcery as such a step would demonstrate the seriousness of the government in addressing these inhuman practices.

“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 court said.

The matter has now been posted for further hearing on February 10, 2026.