Elanthoor double murder: Attempts to bring law against superstitions failed in Kerala

THIRUVANANTHAPURAM: The murder at Elanthoor in the name of superstitious beliefs once again brings to the fore the earlier failed attempts to enforce a law in the state against exploitation over superstitions.
The first instance during the UDF government's tenure, then home minister Ramesh Chennithala introduced in the assembly a draft bill titled Kerala Exploitation By Superstition (Prevention) Act, 2014, wherein exploitation is classified into three categories for awarding penalty. The draft bill defined exploitation by superstition as "whoever deceives any person by promising to achieve beneficial outcomes which the person considers valuable by claiming to invoke supernatural or magical powers and causes injury to him or to any other person in whom he is interested by performing acts purported to be undertaken invoking supernatural or magical powers, with the intention of obtaining wrongful gratification for himself."

However, it gives exemption, saying that traditional ceremonies, rituals and practices which are either associated with places of worship or with different faiths of communities do not constitute exploitation by superstition. The bill makes all offences under the category of superstitions as cognizable and non-bailable.
The penalty ranges from imprisonment for three years and a fine up to Rs 50,000 to life imprisonment and death sentence.
The bill also specifies penalties for those who intentionally propagate any information which may induce vulnerable persons to become victims of exploitation by superstition.
Such persons will be awarded a penalty of imprisonment from three years to seven years, along with a fine.

"Exploitation under the cover of superstitious beliefs has been happening in the state for a long time. Lack of scientific temper along with greed for quick amassment of wealth has been the main reasons behind such incidents. It was in the attempt to curb these that the bill was introduced then," said former DGP A Hemachandran, who was instrumental in drafting the bill while he was ADGP (intelligence).
Though inconsequential from a legislative point of view, the then Congress MLA late P T Thomas had on June 8, 2018, come up with a private member bill that sought an act to ban and take legal actions against black magic and superstitious beliefs in the state.

The bill titled Kerala Black Magic And Superstitious Activities (Prevention) Bill, 2017, sought creating a committee that will have powers to examine and look into the merits of complaints regarding black magic or superstitions, and recommending the government and law enforcement bodies for necessary action.