The Punjab Assembly recently passed a Bill that proposes life imprisonment for the desecration of four significant religious texts: the Guru Granth Sahib, the Gita, the Quran, and the Bible. This legislative move seeks to amend the existing Indian Penal Code (IPC) by adding in Section 295AA.
Changes to the IPC and Previous Legislation
Before this amendment, the maximum punishment under Section 295A was three years imprisonment with or without a fine. Additionally, the bill seeks to increase the severity of punishment under section 295 IPC, which deals with injuring or defiling places of worship. The proposed adjustment will see the potential imprisonment period rise from two to ten years.
Back in March 2016, the then government had introduced a similar amendment. This was The Indian Penal Code (Punjab Amendment) Bill, 2016, and The Code of Criminal Procedure (Punjab Amendment) Bill, 2016. These bills recommended a life sentence for those who desecrated the Guru Granth Sahib only.
However, the Centre returned these bills, stating that they contravened the Constitution’s secular nature by favouring one religion over others. The Centre urged the Punjab government to either withdraw the bill or include all religions if they wished for it to be reconsidered. As a result, the Punjab Assembly withdrew the 2016 Bill and introduced the new one, which includes all four religious texts mentioned above.
Section 295(A) and Its Significance
Section 295(A) of the Indian Penal Code aims to maintain harmony amongst India’s diverse religious populace. It suggests penal action against anyone attempting to disturb this peace, with deliberately chosen words or actions meant to insult religious beliefs. This section has withstood even Supreme Court scrutiny, with a five-judge bench upholding its constitutionality in 1957.
However, as there are already several other IPC provisions for those attempting to disrupt communal harmony, it may be prudent to reconsider or remove Section 295A. This sentiment also applies to section 295, which tends to limit freedom of speech and expression.
Future Implications and Way Forward
These sections are hindrances to open discussion within India. Freedom of speech allows individuals to challenge societal norms and is crucial for societal progression. Additionally, the Constitution does not restrict free speech on the basis of blasphemy.
However, recently there has been an alarming trend of violence in the name of religion. The proposed law seeks to empower religious forces, enabling them to suppress free speech under the guise of protecting religious sentiments. This could embolden politicians and police to harass their critics for political reasons, undermining the secular morality of the Constitution.
The country’s holy scriptures need scrutiny, criticism, and challenge, as this paves the way towards enlightenment and rational thinking. This shift from religion-based thought systems towards scientific temperament and logic aligns with the recent announcement from the Prime Minister. He announced that an Indian would be sent into space by 2022āa bold step aimed at promoting advanced critical thinking amongst the populace.
