Thiruvananthapuram: The Kerala Government plans to hand down stringent punishments for those practising superstitious practices and sorcery by way of a new legislation.

A Bill in this regard, which is under the consideration of Chief Minister Pinarayi Vijayan, seeks imprisonment of 7 years and a fine of Rs 5,000 which may extend up to Rs 50,000 for engaging in superstitious practices and sorcery, or encouraging such acts. If death occurs during a superstitious practice the one behind will be booked for murder.

Even if an act of sorcery is conducted with someone’s consent, it will not be considered as consent and legal action will not be dropped. If a death occurs during a superstitious ritual, the culprit will be booked for murder under IPC 302. For serious injuries, the punishment should be under Section 326 of the IPC., states the draft Bill.

Publishing of advertisements for promoting superstition or sorcery will attract a punishment of 7 years in jail and a fine of Rs 5,000 which may extend up to Rs 50,000.

Those who aid the practice of such acts will also be handed down the same punishment. If a company is responsible for the offence, action will be taken against those in responsible position in the establishment. The police will have the powers to conduct searches in such centres of deceit and seize records.

Exemptions for religious rituals
The Department of Law has recommended that rituals such as Agnikavadi, Kuthiyottam, and Thookam should be exempted from the purview of the Bill. The Chief Minister had directed that the Bill should not affect religious practices.

Next Assembly session may take up the Bill
If sufficient time is available, the anti-superstition Bill will be listed among the other Bills scheduled to be moved in the coming session of the Legislative Assembly, if the Chief Minister gives his approval.

The Law Reforms Commission under the chairmanship of former judge K T Thomas, and A Hemachandran, former Additional Director General of Police (ADGP), Intelligence, drew up the draft Bill. The former had recommended imprisonment of 7 years and a fine of Rs 1 lakh for propagating superstitious beliefs and sorcery. Hemachandran had recommended a punishment extending from 3 years in jail to death penalty for the offences.

Hemachandran prepared a draft Bill in 2014 after examining the study reports and laws of Maharashtra and Karnataka. However, the then-United Democratic Front (UDF) government and the subsequent Left Democratic Front (LDF) regime did not take any action.

The Bill, which has been under the consideration of the Home Department for the past 5 years, was dusted up after two human sacrifices were recently reported from Elanthoor in Pathanamthitta district.