Kerala High Court News: HC Slams Delay in Anti-Superstition Law, Suggests Special Cell

In a significant intervention on Thursday, January 8, 2026, the Kerala High Court severely criticized the State Government for the prolonged delay in enacting the Kerala Prevention of Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill. The court has suggested an immediate interim measure: the formation of a “Special Cell” to handle complaints related to witchcraft and superstition until the law is officially passed.

This development comes amidst a series of shocking incidents in the state that have reignited the demand for stricter anti-superstition laws.

The Court’s Observation: “We Cannot Wait Forever”

A Division Bench of the High Court, while hearing a Public Interest Litigation (PIL), expressed deep concern over the government’s lethargy. The Bill, which was drafted years ago following the shocking human sacrifice cases in Elanthoor, has been stuck in administrative loopholes.

Key directions from the Bench:

• Immediate Explanation: The State has been asked to file a report explaining why the legislation has not yet been tabled in the Assembly.
• Interim Solution: The judges orally observed that the government should consider setting up a Special Complaints Cell or a dedicated police wing. This cell would specifically investigate reports of financial exploitation, physical harm, or sexual abuse carried out under the guise of rituals.

Why This Matters Now

Kerala, often lauded for its high literacy rate, has seen a disturbing rise in “sorcery” cases.

• Background: The demand for the law spiked after the 2022 Elanthoor human sacrifice case, where two women were brutally murdered as part of a ritual for financial prosperity.
• Current Status: Despite promises, the draft bill submitted by the Law Reforms Commission has not become an Act. The High Court’s intervention puts pressure on the Pinarayi Vijayan-led government to expedite the process before the next Assembly session.

Other Major Updates from the High Court (Jan 7-8)

While the anti-superstition law took center stage, the High Court was buzzing with other high-profile rulings this week.

1. Relief for MLA Rahul Mamkootathil in Rape Case

In a major political development, the High Court on Wednesday extended the interim protection from arrest for Palakkad MLA Rahul Mamkootathil.

• The Case: The MLA is accused of rape and forced abortion by a woman who alleges he exploited her under the pretext of marriage.
• Court’s Order: Justice A. Badharudeen adjourned the hearing to January 21, 2026, directing the police not to arrest him until then. The court also allowed the survivor to be a party in the case (impleading petition) to hear her side before deciding on the anticipatory bail.

2. Wayanad Becomes India’s First “Paperless” Judicial District

On a brighter note, the Kerala High Court celebrated a technological milestone on Tuesday. Chief Justice of India (CJI) Surya Kant virtually inaugurated the Paperless Courts project in Wayanad district (Kalpetta).

• Impact: Wayanad is now the first judicial district in India where all courts—from the lowest magistrate to the district judge—will function without physical files. Everything from bail applications to evidence filing will be digital.

3. SIM Cards Are Not ‘Goods’

In a relief for telecom giant Bharti Airtel, the High Court ruled that SIM cards and recharge coupons cannot be classified as “goods” under the Kerala Value Added Tax (KVAT) Act. This judgment clarifies that providing a SIM is a “service,” and therefore, the state cannot levy VAT on it, saving telecom companies crores in tax demands.

What Happens Next?

• For the Anti-Superstition Law: The State Government must respond to the High Court’s suggestion for a “Special Cell” within two weeks.
• For the MLA Case: All eyes are on January 21, when the court will decide whether to grant full anticipatory bail to Rahul Mamkootathil or allow his custodial interrogation.

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