The Punjab Cabinet decision to introduce in the Indian Penal Code (IPC) a new Section (295AA) which states, “Whoever causes injury, damage or sacrilege to Sri Guru Granth Sahib, Srimad Bhagwad Gita, Holy Quran and Holy Bible with the intention to hurt the religious feelings of the people, shall be punishable with imprisonment for life.”The Amarinder Singh-led Congress government in Punjab has introduced the Indian Penal Code (Punjab Amendment) Bill, 2018, and the Code of Criminal Procedure (Punjab Amendment) Bill, 2018, applicable to Punjab.The proposed Penal Code Bill seeks to replace the Indian Penal Code (Punjab Amendment) Bill, 2016, passed by the Shiromani Akali Dal (SAD)-Bharatiya Janata Party (BJP) government, which specifically referred only to acts of sacrilege against the Sri Guru Granth Sahib.

Background :

• One wonders why this extraordinary penalty is necessary when, throughout India, Section 295A of the IPC already provides for imprisonment up to three years for “deliberate and malicious acts intended to outrage religious feelings”.
• Now, damage to holy books can attract a mandatory life sentence in Punjab, while other insults can attract up to three years. To put it bluntly, insulting a god or Prophet would land you in jail, but burning or defacing a holy book would land you in prison for life.

What is Retrogade law ?

• A ‘retrograde’ law or a backward-looking legislation reflects a particular society’s inability to adapt to the changing times. It reflects the aspirations that have not evolved according to the demands of the time. The provisions of sedition and obscenity are the examples that can be seen as the existing retrograde legislation.

Constitutional Provisions and the Concept of Secularism in Indian Context :

• Secularism is one of the basic features of the Indian Constitution (upheld in S R Bommai case 1994). The country does not have a State religion. However, professing and following any religion is one of the fundamental rights conferred upon the citizens (Article 25).
• The proposed legislation was framed with a view to control religiously triggered violence and to assure the religious communities that their “sentiments” were going to be protected.

What makes the proposed legislation retrograde?

• There already exists a law (Section 295A of IPC) which penalises the deliberate and malicious acts intended to outrage religious feelings with three years of imprisonment. Another legislation with life imprisonment for the defacement of the ‘religious texts’ makes little sense considering the secular nature of the Indian society.
• To criminalise blasphemy and sacrilege has the potential of justifying mob violence and private vengeance against the accused.
• A legislation like this can deter even honest attempts to fight against superstition and prejudices, the broad ambit of the offense had sometimes even put the government and courts in difficult situations.

History of Criminal Blasphemy (Section 295A) of Indian Penal Code :

• "The history of criminal blasphemy creeping into Indian law needs to be retold. Mahashay Rajpal, the publisher of a book, Rangila Rasul (The Colourful Prophet), was sought to be prosecuted under Section 153A, as the book allegedly caused disharmony between communities. Rajpal was granted leave to appeal to the Lahore High Court because Section 153A then did not cover criticism of religious figures. As the book did not specifically cause enmity or hatred between religious communities, it did not violate Section 153A was the logic that weighed with the court. Thereupon, the Indian Muslim community demanded a law against insult to religious feelings. The British government enacted Section 295(A) in 1927."

Instilling fear in miscreants :

• Punjab is a land where secularism is not an ideology but inter-faith bonhomie. Punjab, a Sikh-majority area, has been the cradle of Hinduism. And then there is the Sikh faith, the only religion in the world which has its sanctum sanctorum founded by a saint (Sain Mian Mir) from a faith perceived as hostile, Islam. And the holy scripture of the Sikhs contains Banis (verses) of holy men from all the dominant faiths prevalent then, including Hinduism and Islam.
• Thus, it is intriguing that anti-sacrilege laws arose out of the crisis of a religion which is as tolerant and cosmopolitan as Sikhism. Punjab has never seen a communal riot even once since 1947. Those who interpret the anti-blasphemy law as intolerant are arguing from the wrong end of logic.
• In no country is freedom of expression taken to mean outraging the freedom and sensitivities of others. Thus, while Punjab felt the need for strong social and psychological initiatives to remove the very need for such a legislation in the long run, it also deemed it necessary in the short run to send a strong message that in order to preserve democratic freedoms, it is necessary to ensure that these are not used as an excuse to outrage the legitimate religious sensitivities of every class of people.
• The lenient view which the State seemed to take of a collective hurt of a community was being taken unfair advantage of by miscreants. There definitely needed to be a firmer deterrent to put some fear of the law in the minds of those miscreants.
• The Akalis have always advocated that the country needs to redefine blasphemy and patriotism and make secular tolerance an integral part of patriotic conduct. But they are also aware that religious sensitivities, once provoked, can immediately lead to conflagration and get out of hand in the sensitive border State of Punjab.
• Most importantly, the legislation was meant to protect the tolerant against the intolerant. Therefore, apart from ensuring effective and expeditious application of the existing laws, there was a need to make the existing law more stringent to deal with cynical elements who play with religious sentiments to destabilise Punjab.
• The Punjab initiative was not divorced from a broader vision in which the Akalis feel the need to make sacrilege and blasphemy socially and culturally unacceptable. That is why you need the law to be more stringent and effective. As humanity and societies evolve, so do the laws.

Why do we need such a legislation?

• The legislation was drafted as a response to, and not an expression of, religious intolerance.
• Freedom of expression should not outrage the freedom and sensitivities of others.
• The proposed legislation is a short term step to put a stop to the outrage of the legitimate religious sensitivities of every class of people. Punjab has felt the need for strong social and psychological initiatives to remove the very need for such a legislation in the long run.
• Religious sensitivities, once provoked, can immediately lead to conflagration and get out of hand in the sensitive border State of Punjab. A more stringent law implies that sacrilege and blasphemy are socially and culturally unacceptable. It is in line with the recent events of intolerance and outrage against diverse religious sentiments.
• The lack of a clear definition of ‘sacrilege’ can impact a citizen’s fundamental rights to exercise freedom of speech and profess one’s religion freely, conferred under Article 19 and 25 respectively.

Conclusion :

• Using state power to enforce the sacred reduces these texts from being luminous, potent and transcendent in nature to vulnerable literature that needs the protection from the state.
• Every legislation is prone to its misuse and the proposed is not an exception to that, however, making religious sentiments the basis for law, is a recipe for competitive political mobilisation and conflict, not of peace.
• Harsh blasphemy laws in other countries (like Pakistan) have been misused to settle political scores and silence opponents of the ruling regime.
• The subcontinent has witnessed the emergence and flourishment of various religious beliefs because of the constant debate and revitalisation by reformers. The state needs to balance between the protection of religious sentiments and making it one of the political agendas to lure the vote bank. It can derive a broader meaning of ‘religious sentiments’ by looking back at the various religious reforms in the country.