A secular republic’s sacrilege problem: the legal price of criticising holy writ in India, Pg9

Key Highlights:

• In April 2026, the Governor of Punjab assented to the Jaagat Jot Sri Guru Granth Sahib Satkar (Amendment) Act.
• This Act criminalizes sacrilege against the Guru Granth Sahib with penalties including life imprisonment.
• The law emerged following a decade of agitation after desecration incidents in 2015 at Bargari and Burj Jawahar Singh Wala, and police firing at Behbal Kalan.
• It is considered India’s most severe working sacrilege law, punishing physical desecration of a sacred text with life imprisonment.
• The law raises concerns regarding India's constitutional commitment to secularism and the fundamental right to free speech.

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Detailed Insights:

• The new Punjab law blurs the distinction between sacrilege (conduct) and blasphemy (expression) by criminalizing both physical acts and disrespectful opinions.
• Indian law traditionally distinguishes between sacrilege-type offenses under Bharatiya Nyaya Sanhita (BNS) Section 298 (formerly Indian Penal Code (IPC) Section 295) and blasphemy-type offenses under BNS Section 299 (formerly IPC Section 295A).
• BNS Section 299, which prohibits deliberate and malicious insults to religious beliefs, has colonial origins, stemming from the 1927 Rangila Rasul case.
• The Supreme Court in Ramji Lal Modi vs State of Uttar Pradesh (1957) upheld the constitutionality of Section 295A, citing the "public order" exception under Article 19(2).
• Critics argue that equating "hurt feelings" with a threat to public order has led to the misuse of these laws against writers and artists.
• In contrast, the United Kingdom, from which India inherited these laws, abolished common law blasphemy offenses in England and Wales in 2008 and in Scotland in 2021.

Key Concepts Involved:

• Secularism: A fundamental principle of the Indian Constitution, part of its Basic Structure Doctrine, implying state neutrality towards all religions.
• Freedom of Speech and Expression: Guaranteed by Article 19(1)(a) of the Constitution, subject to reasonable restrictions under Article 19(2), including public order.
• Blasphemy: An expressive wrong involving contemptuous or irreverent speech, writing, or imagery about religious figures or beliefs.
• Sacrilege: A conduct-based wrong involving the violation or defilement of something considered sacred, such as a place of worship or a holy object.