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NDTV
2 hours ago
- Politics
- NDTV
Kerala High Court Asks State If It Contemplates Law Against Black Magic
Kochi: The Kerala High Court has sought the state government's stand regarding its earlier submission that it was contemplating legislation against evil practices like black magic and sorcery. The Kerala government had filed a submission in October 2022 while hearing a plea by an organisation called Kerala Yukthivadi Sangham, which had sought the enactment of a law against such practices. The petition was dismissed in June 2023 due to no one representing the petitioner organisation, but was later restored. When the matter came up for hearing before a division bench of Chief Justice Nitin Jamdar and Justice Basant Balaji on June 3, the court directed the government to file an affidavit regarding the state's stand in respect of its earlier position that it was contemplating to enact a law on the subject. The bench posted the matter on June 24. The organisation, in its plea, has stated that the Law Reforms Commission, headed by Justice (retired) KT Thomas, had submitted a comprehensive report to the State of Kerala in the year 2019, with legislative recommendations based on new social conditions. "The Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill-2019, is one of the recommended statutes. But so far, no attempt has been made on the part of the state on the matter," the organisation has claimed. The plea was filed in 2022 in the wake of a ritual human sacrifice of two women in the Pathanamthitta district of Kerala by three people, including a couple. The petition has claimed that laws against sorcery and black magic have been passed by the states of Maharashtra and Karnataka. It has also sought a declaration that "films on big screens and OTT platforms, and several serials and other telefilms, aired on television channels and YouTube, having content of superstitious beliefs, including sorcery and occult practices, exempting those having good intentions and having good artistic values, are illegal".
Hindustan Times
6 hours ago
- Politics
- Hindustan Times
Kerala HC asks state govt if it contemplates law against sorcery, black magic
Kochi, The Kerala High Court has sought the state government's stand regarding its earlier submission that it was contemplating legislation against evil practices like black magic and sorcery. The Kerala government had filed a submission in October 2022 while hearing a plea by an organisation called Kerala Yukthivadi Sangham, which had sought the enactment of a law against such practices. The petition was dismissed in June 2023 due to no one representing the petitioner organisation, but was later restored. When the matter came up for hearing before a division bench of Chief Justice Nitin Jamdar and Justice Basant Balaji on June 3, the court directed the government to file an affidavit regarding the state's stand in respect of its earlier position that it was contemplating to enact a law on the subject. The bench posted the matter on June 24. The organisation, in its plea, has stated that the Law Reforms Commission, headed by Justice K T Thomas, had submitted a comprehensive report to the State of Kerala in the year 2019, with legislative recommendations based on new social conditions. "The Kerala Prevention and Eradication of Inhuman Evil Practices, Sorcery and Black Magic Bill-2019, is one of the recommended statutes. But so far, no attempt has been made on the part of the state on the matter," the organisation has claimed. The plea was filed in 2022 in the wake of a ritual human sacrifice of two women in the Pathanamthitta district of Kerala by three people, including a couple. The petition has claimed that laws against sorcery and black magic have been passed by the states of Maharashtra and Karnataka. It has also sought a declaration that "films on big screens and OTT platforms, and several serials and other telefilms, aired on television channels and YouTube, having content of superstitious beliefs, including sorcery and occult practices, exempting those having good intentions and having good artistic values, are illegal".
Time of India
13 hours ago
- Politics
- Time of India
Shipwrecks: HC raises concern over state forming panel to negotiate claim details with vessel owners
Kochi: High court on Thursday raised concerns over the state govt forming a committee to negotiate compensation details with the owners of MSC ELSA 3, the cargo vessel which capsized off the Kerala coast. A bench of Chief Justice Nitin Jamdar and Justice Basant Balaji observed that since the state proposes to invoke the high court's admiralty jurisdiction to seek compensation, it may be appropriate to defer the negotiation process for the time being. The observation came while HC was hearing public interest litigations filed by former MP T N Prathapan and Ummer Ottummal of Malappuram, seeking a comprehensive compensation package for fishermen and other stakeholders affected by recent shipwrecks along the Kerala coast. During hearing, the state submitted that the environment department special secretary has been appointed as the principal impact assessment officer. It was also stated that the state disaster management department has constituted a committee of govt officers to negotiate compensation for the damage caused by MSC ELSA 3. The committee has been tasked with addressing the cost of restoring the coastline and marine environment, removal of wrecks, economic losses suffered by fishermen and environmental degradation. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Memperdagangkan CFD Emas dengan salah satu spread terendah? IC Markets Mendaftar Undo HC noted that if such is the case, concerns raised by the petitioners would merit consideration. It could be argued that negotiations involving substantial environmental damage should not be conducted behind closed doors and take place without public disclosure or procedural safeguards. Questions may arise regarding the transparency and fairness of such a process. It could be further argued that since the harm directly affects the public, the process of settlement cannot remain confidential or hidden from public view. The public has a right to know the basis of the negotiations, the extent of damage assessed, the terms being proposed, and the principles on which the settlement is being structured. The court also observed that a binding settlement between the state and the respondent company might affect claims in the proposed Admiralty suit. There is a risk that once an agreement is signed, it could influence subsequent legal proceedings, even if the terms are inadequate. On the other hand, a settlement arrived at in court after the filing of a suit would allow judicial scrutiny, ensuring transparency and bringing the terms into the public domain, the court said. Accordingly, the bench adjourned the petitions to July 2 for further response from the state and other stakeholders.
Time of India
20 hours ago
- Politics
- Time of India
Lake protection: Kerala HC proposes formation of Ashtamudi wetland authority
Kochi: High court on Thursday proposed the formation of the Ashtamudi Local Wetland Authority (ALWA) to implement the management plan for Ashtamudi Lake in Kollam. The bench of Chief Justice Nitin Jamdar and Justice Basant Balaji was considering a public interest litigation (PIL) filed by Adv Boris Paul and others, which highlighted that the depletion and deterioration of the Ashtamudi wetlands are due to multiple factors, including pollution from drainage discharge and encroachments. Tired of too many ads? go ad free now The petitioners emphasised the need for an authority other than the State Wetland Authority of Kerala (SWAK) to oversee the conservation and protection of the lake. Initially, the state govt opposed the suggestion, contending that the constitution of a separate authority other than SWAK may not be necessary. However, considering the current condition of Ashtamudi Lake, which is a notified Ramsar site, the court concurred with the petitioners' suggestion. A Ramsar site is a wetland identified as being of international importance under the Ramsar Convention on Wetlands which is an international treaty for the conservation and sustainable use of wetlands. The court, meanwhile, also took note of the petitioners' point that the indiscriminate discharge of sewage and solid waste from residential areas and commercial establishments into the lake has been a major concern. HC observed that, in addition to the general supervision by the state wetland authority, specific attention through a dedicated authority or committee for the Ashtamudi wetland is necessary. It further directed the state govt to clarify whether an integrated management plan has been prepared for the Ashtamudi wetland, as envisaged under the Wetlands (Conservation and Management) Rules, 2017, and the guidelines of the Ramsar Convention. Tired of too many ads? go ad free now It was also suggested that the members of ALWA may be drawn from various departments. The court stated that the environment department principal secretary shall finalise the composition of the committee and recommend one expert each in wetland ecology, hydrology, fisheries, landscape planning and socio-economics, along with two experts in wetland management, preferably with expertise related to the Ashtamudi wetland. The principal secretary shall file an affidavit indicating the procedure by which the Authority will function. Accordingly, HC adjourned the petition to July 1.
New Indian Express
13-06-2025
- Politics
- New Indian Express
Maritime incidents: Kerala HC asks state to proceed against shipping firms
KOCHI: Expressing concern over repeated maritime incidents off the state's coast, Kerala High Court has directed the state government to proceed against the shipping companies, including by taking actions such as seizing sister vessels. This (the incidents) is costing the public exchequer, said a division bench headed by Chief Justice Nitin Jamdar. 'If these instances keep happening, the burden will be on the state exchequer. It is best to proceed against the companies, and the state can also arrest sister vessels. Slow or no action should not become a precedent... there has to be prompt action. If there is a bigger incident in the future, this action will set a precedent,' it said. '...the state should not leave any stone unturned as far as offenders are concerned.' The bench said the Union and state governments should take all possible action under law. Under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, a collector can file a suit to enforce a maritime lien on a vessel. This lien arises from dues owed to the port, such as charges for using port facilities or damage caused by the vessel to port property. The cost to the public exchequer should be recovered from the persons responsible, the bench added. It sought to know whether the incidents would require the National Investigation Agency (NIA) to step in. Advocate General (AG) Gopalakrishna Kurup informed the court that police have registered an FIR and started an investigation. The AG added that no court can take cognizance of any offence under the Environment (Protection) Act except on a complaint made by the central government or any authorised officer. The court replied that it's for the central and state governments to take action. It also said it will appoint an amicus curiae to assist the court in the matter. The loss of fish resources from pollution and the resulting economic loss must be considered, the bench added.
