National News: The Punjab government is moving swiftly to propose a stringent law targeting acts of sacrilege, especially those involving sacred texts such as the Sri Guru Granth Sahib. The new legislation under consideration may include the death penalty or life imprisonment for offenders found guilty of desecrating religious scriptures.
The proposed bill is expected to be reviewed in a cabinet meeting scheduled for July 7, and if approved, it could be introduced during the special session of the Punjab Assembly beginning July 10. To ensure that the law is constitutionally sound, the draft has already been sent to legal experts for review.
Previous Efforts and Central Government’s Response
This isn’t the first attempt to criminalize sacrilege with harsh penalties. Back in August 2018, the previous Congress-led government under Captain Amarinder Singh had passed a similar bill that proposed life imprisonment for those found guilty of sacrilege. The bill, based on an amendment to Section 295 of the Indian Penal Code (IPC), was sent to the President for approval.
However, following the introduction of the Bharatiya Nyaya Sanhita (BNS) to replace the IPC, the Centre returned the bill, advising the state to draft a new law that aligns with the updated legal framework.
Current Legal Framework: What BNS 2023 States
Under the Bharatiya Nyaya Sanhita, 2023, several sections deal with crimes related to religious sentiments, but they carry relatively mild penalties:
- Section 298: Up to 2 years in jail or a fine for damaging or defiling places of worship
- Section 299: Up to 3 years in jail or a fine for intentionally hurting religious sentiments
- Section 300: Up to 1 year in jail or a fine for obstructing a religious ceremony
However, none of these provisions allow for life imprisonment or capital punishment, which the Punjab government now aims to introduce independently.
Growing Pressure: Recent Protests Spark Urgency
The push for stronger legal measures has gained momentum following a high-profile protest in Patiala’s Samana region, where a retired soldier, Gurjeet Singh, climbed a BSNL telecom tower to demand capital punishment for desecrating the Sri Guru Granth Sahib. The dramatic protest has intensified pressure on the Bhagwant Mann government to take concrete legislative action.
Legal Review Before Assembly Tabling
Although Chief Minister Bhagwant Mann reportedly supports strict punishment, legal advisors within the Aam Aadmi Party (AAP) have expressed concern that a law prescribing the death penalty might face legal hurdles in court. To avoid future litigation or constitutional invalidation, the state’s Home Department has forwarded the draft legislation to senior legal advisors for scrutiny. The aim is to ensure that the bill, once introduced, will hold up under judicial review and withstand any challenge to its legality.
