'Human Sacrifice' Case: Kerala To Rework 2019 Black Magic Bill, but Why a Delay?

The Kerala Law Reforms Commission prepared the draft bill three years ago.

Four years ago, in a small town in Kerala's Idukki district, the bodies of four people in a family were found buried in their backyard. The deceased, Krishnan, an astrologer and an alleged black magic practitioner, his wife, Susheela, and two children, Arsha and Arjun, were allegedly murdered by Krishnan's 'disciple' Aneesh, who desired his 'supernatural powers.'

Just months before this shocker, a 30-year-old man, Cadell Jeanson Raja, reportedly killed his parents, sister, and aunt in Thiruvananthapuram, in an alleged case of satanic worship.

As the call for a comprehensive law against such crimes grew louder, the Kerala Law Reforms Commission, in 2019, drew up a draft bill against black magic and inhuman evil practices. The draft, however, was left untouched for three years. Until now.

After the alleged human sacrifice killings at Elanthoor village in Pathanamthitta, it is learnt that the state government may refurbish the said draft, titled Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery, and Black Magic Bill, 2019, which The Quint has accessed. It is now under the consideration of the home department, and the government may either opt for an ordinance or legislation on the floor of the Assembly to take the bill forward.

'Kerala Is Progressive, but Still Superstitious'

Speaking to The Quint, K Sasidharan Nair, vice-chairperson of the Kerala Law Reforms Commission that drew up the draft, says, "Kerala is seen as a progressive state. But even today, it is marred by superstitions and black magic practices. We pride ourselves on being a state with a high literacy rate, but crimes linked to superstitions still happen – often, more so than other states."

According to National Crime Records Bureau (NCRB) data, out of the six 'human sacrifice' cases reported in the country in 2021, two were in Kerala and one each in Telangana, Chhattisgarh, Himachal Pradesh, and Jammu and Kashmir.

Previously, too, several bills were put forth to curb black magic practices – including a working draft of the Kerala Exploitation by Superstition (Prevention) Bill, prepared in 2014 by the then Additional Director General of Police (Intelligence), A Hemachandran, and a private member bill submitted by late Congress MLA PT Thomas in 2018. However, nothing concrete came out of them.

Despite multiple steps toward building legislation against black magic practices in Kerala, there was a delay in taking the recommendations of the Kerala Law Reforms Commission forward. Why?

Before we answer that, let us look at what the 2019 draft recommendations say.

What Is Punishable Under the 2019 Draft Bill?

The 2019 draft bill states, "No person shall, by himself or through any other person, promote, propagate or practice or cause to promote, propagate or practice inhuman evil practices, black magic or sorcery...."

It further states that those who commit any of these offences would, upon conviction, be sentenced to one to seven years of imprisonment and fined anywhere between Rs 5,000-Rs 50,000. If the victim/s die as a result of these practices, the accused will be charged with murder and punished accordingly.

These are some of the acts deemed punishable in the draft bill:

1. Performing any inhuman evil act, black magic, or sorcery, parading naked, using alleged powers to extort, threaten, or intimidate people, and assaulting any person in search of bounty or 'treasure.' 

2. Instilling an impression that a person is possessed, thereby creating fear in their mind, and threatening them with evil consequences. 

3. Under the pretext of expelling ghosts, assaulting any person and causing pain, forcing a person to perform sexual and inhuman acts, and pouring urine or human excreta forcibly into the mouth of a person. 

4. To create panic under the pretext of invoking ghosts, preventing a person from taking medical treatment, threatening a person with death, causing physical pain, and causing financial loss by tending to practise black magic. 

5. (a) Creating an impression that one has supernatural powers, thereby indulging in sexual activity with another person. (b) To indulge in a sexual act with a woman who is unable to conceive, assuring her of motherhood through 'supernatural powers.' 

6. Participating in evil practices against women by forcing isolation, prohibiting re-entry into a village, or facilitating segregation of menstruating postpartum women; subjecting women to inhuman and humiliating practices, such as parading them naked in the name of worship or otherwise.

7. The practice of piercing a rod or arrow from one side of the cheek to the other. 

Why Was the Draft Bill Delayed?

"The delay, primarily, had a lot to do with bureaucracy. And the pandemic complicated things," Sasidharan Nair says.

"We prepared the draft bill in 2019 and then it was submitted to the law department. From there, it was sent to the home department. The bill had to go through so many officials – from one secretary to the other. We usually don't have much role after submitting the bill. It's up to the government."

Secondly, Nair adds, there are some recommendations in the draft bill that could trigger a religious backlash, though the delay cannot truly be attributed to this factor. "The practice of shoolam kuthal (piercing a rod or arrow through the cheeks), for instance, is important to certain religious communities. We have added it to the draft recommendations. Whether it should be removed or not is up to the government," he says.

Another recommendation that may be construed as controversial is the social exclusion of women during menstruation. "It's high time such social exclusionary practices are eradicated from our state. But let's look at the Sabarimala issue. Even after the Supreme Court ruled that women should be allowed to enter the temple, there was a lot of chaos in the state. So, after that, you could say that we had to rethink how the public would perceive our draft bill," Nair adds.

Finally, there is also a need for governments to take law reforms more seriously, he says. "Governments generally don't give enough importance to law reform; that may also be one reason why there was a delay. The idea is to take time and implement laws by considering all factors, and not just implement them when there's a burning issue."

The Quint has reached out to the home department for a comment on the delay. The story will be updated once we receive a response.

What Will the Revised Bill Add/Subtract?

Though he is unsure what the government will add or remove from the draft bill, Sasidharan Nair says that the revised draft will not take the same route as any other bill.

"Since it is a sensitive topic, the government may hold public consultations before turning it into law. I don't believe there will be anything new to add in light of the alleged human sacrifice case, because that practice is already penalised in our draft bill. The key is to understand what the government will consider as practices that are essential to religions. Accordingly, the recommendations will be altered or removed."

K Sasidharan Nair, Vice-Chairperson, Kerala Law Reforms Commission

The 2019 draft bill was careful to exclude certain religious practices from its purview. They include worship at religious places, circulation of teachings of ancient saints, propagation of the miracles of deceased saints, all religious celebrations and festivals, and vasthu sastra and astrology, among others.

'Inspired by Karnataka, Maharashtra'

Sasidharan Nair says that the need for a law to curb black magic practices was not just a result of the gruesome crimes from the past. "Ours has always been considered a progressive state and it is ironic that we don't have legislation in this regard yet. So, it was only natural that we, as well as the government, wanted black magic practices, sorcery, and superstitions to be eradicated with the help of the law."

"Moreover, we saw how Karnataka and Maharashtra enacted laws to curb black magic. Their laws were significant to our endeavours. We borrowed from them, and the fact such laws exist elsewhere gave us the confidence to formulate the draft bill."

K Sasidharan Nair, Vice-Chairperson, Kerala Law Reforms Commission

He adds, "A law may not necessarily introduce modern and rational ideas in society – that has probably never happened. But what it does is supplement these ideas. Right now, the police only take action against black magic practitioners if someone is hurt or killed. If it is made illegal, then they will be forced to take action. This is how change happens."