As Punjab’s AAP govt weighs death penalty for sacrilege, a look at previous Bills with harsh punishment

How will the Bill be different from those passed by previous governments?

The AAP government wants to table a “historic” piece of legislation in the Assembly with the harshest punishment ever proposed by its predecessors. The Bill will be in line with provisions of the Bharatiya Nyaya Sanhita (BNS), while the earlier Bills were proposed insertions in the Indian Penal Code and the Code of Criminal Procedure. The Centre has returned the previous Bills as they sought amendments to the IPC and the CrPC, while the country’s criminal law framework has shifted to the BNS, Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA).

What did Capt Amarinder Singh’s government propose?

During Amarinder’s tenure as chief minister, the Vidhan Sabha unanimously passed the Indian Penal Code (Punjab Amendment) Bill 2018 and the Code of Criminal Procedure (Punjab Amendment) Bill 2018, which stipulated punishment up to life imprisonment for injury, damage or sacrilege to the Guru Granth Sahib, Bhagwat Gita, Quran and the Bible with the intention to hurt the religious feelings of the people.

The Indian Penal Code (Punjab Amendment) Bill 2018 sought to amend the IPC by inserting section 295AA, under which a convict was to get a maximum of three years’ imprisonment with or without a fine. It also enhanced the punishment under IPC section 295 (injuring or defiling a place of worship with intent to insult the religion of any class) from two to 10 years of imprisonment.

What did SAD-BJP government propose?

In March 2016, the SAD-BJP government brought in the Indian Penal Code (Punjab Amendment) Bill 2016 and the Code of Criminal Procedure (Punjab Amendment) Bill 2016, recommending a life sentence for the desecration of the Guru Granth Sahib only.

The Centre, however, returned the Bill saying all religions should be treated equally given the secular nature of the Constitution. It added that it could not single out one religion and propose life imprisonment for the desecration of the Guru Granth Sahib. It asked the Punjab government to either withdraw the Bill or include all religions in the proposed amendment. The state government argued that the Guru Granth Sahib is not a holy book but a live Guru, unlike the scriptures of other religions.

Why the emphasis on sacrilege?

In October 2015, during SAD-BJP rule, an alleged instance of sacrilege of the Guru Granth Sahib in Bargari changed the political narrative in Punjab. It was felt that the quantum of punishment for sacrilege as per the provisions of sections 295 and 295 A of the Indian Penal Code was too inadequate.

Also, the government move comes at a time when the health of a protester who has been demanding harsher punishment while sitting atop a BSNL tower in Samana since October 2024, is deteriorating. Concerns are mounting that if something happens to Gurjeet Singh Khalsa, the protester, it would trigger a political storm and create a law and order situation.

Why were the Bills pending with the Centre?

There has been a debate that sacrilege laws could send wrong signals as such harsher punishment could embolden politicians and police to misuse them to harass critics. The Centre has asked the state to reconsider these Bills. Against the backdrop of this debate, it remains to be seen if the state government is able to propose the death penalty for sacrilege.