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Why Punjab’s new sacrilege law needs careful reconsideration

Legal experts, judges, scholars, and Sikh intellectual institutions should have been widely consulted before the new sacrilege law was passed.

File photo of Guru Granth Sahib saroops. (X/Hardeep Singh Puri)File photo of Guru Granth Sahib saroops. (X/Hardeep Singh Puri)

Written by Gurpreet Singh

While society understandably demands strong action against sacrilege, especially since respect for the Guru Granth Sahib is central to Sikh life, respect must be protected through wisdom, not fear.

The recently introduced sacrilege law raises serious legal, theological, and social concerns. Questions have emerged about its structure, implementation, and possible consequences. In its current form, the law risks creating confusion, fear, and misuse rather than delivering justice. Its timing also raises concerns that it may be shaped by political considerations ahead of the 2027 elections.

The law amends the Jaagat Jot Guru Granth Sahib Satkar Act, 2008, specifically referring to the Guru Granth Sahib’s saroops, or parts thereof. Earlier attempts in 2016 were rejected for focusing only on one scripture, while a broader 2018 proposal remains pending. Under existing laws, sacrilege offences already carried penalties, with Section 295 of the Indian Penal Code (now Section 298 of the Bharatiya Nyaya Sanhita) allowing up to three years’ imprisonment and the 2008 Act prescribing up to two years for unauthorised printing. Attempts in 2016 and 2018 to enhance punishment remained unresolved. Scholars have long argued that the core problem was not weak law, but administrative failure, poor prosecution, and delayed justice, all of which fueled vigilantism and demands for harsher legislation.

One troubling aspect lies in Section 4 of the new sacrilege law, which refers to saroops of the Guru Granth Sahib and “parts thereof”. What exactly constitutes a “part thereof”? Does it include sainchis used during readings, Gutka Sahib prayer books kept in homes, or a torn page found in unknown circumstances? The law offers no clarity.

This ambiguity has real consequences. In Khanna, torn pages of a Gutka Sahib were reportedly found with the children of migrant workers. Before such an incident is labelled sacrilege, the law must distinguish between intent, negligence, and ignorance. Without clear definitions, justice becomes guesswork.

Another troubling provision allows prosecution through “speech and other things”. In practice, this means an allegation that someone spoke abusive words against the Guru Granth Sahib could trigger police action. Since the offence is non-bailable, a person may be arrested first and expected to prove innocence later. This reverses the basic principle that investigation should precede punishment.

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The fear generated by such provisions is already visible. In rural areas, some families have reportedly begun saying, “Please remove the Guru Granth Sahib from our homes.” This is not because devotion has weakened, but because fear has grown. People worry that complaints, misunderstandings, or public disturbances could expose them to arrest.

Over the years, Satkar Committees have emerged to enforce maryada, but some actions have crossed boundaries. There have been instances of such groups entering private homes, particularly those of Sindhi families, and removing the Guru Granth Sahib on grounds of improper handling. If arrests can now be triggered by verbal complaints, such actions may gain unintended legal backing, deepening fear and social tension.

Theological concern

There is also a theological concern. In Sikh tradition, the Guru is Shabad Guru, the eternal divine word, representing knowledge, reflection, and divine wisdom, not merely a physical object. While the physical saroop deserves the highest respect, treating scripture strictly as a juristic entity risks reducing Sikh philosophy to legal technicality by focusing on form without spiritual context.

Harsh punishment alone has never prevented sacrilege. Past incidents saw violent retaliation and vigilante justice, yet such responses did not end sacrilege cases. The lesson is clear: fear does not eliminate wrongdoing; credible investigation and timely justice do. Many past sacrilege cases remain unresolved because of investigative failures, mishandled evidence, and delays, not because of inadequate laws. The government must explain why earlier cases failed, what obstacles existed, and how those failures will now be corrected.

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Equally troubling is the speed with which this law was passed. Legal experts, judges, scholars, and Sikh intellectual institutions should have been widely consulted. Such dialogue could have clarified definitions, aligned the law with Sikh theology, and reduced the scope for misuse. The haste suggests an attempt to shift public attention from unresolved sacrilege cases towards claims of legislative action ahead of the 2027 Punjab elections.

No one argues that sacrilege should go unpunished. Respect for sacred traditions must be preserved. But preservation requires precision. Terms such as “part thereof”, “desecration”, and “speech-related offence” must be clearly defined. Implementation rules should be framed before enforcement begins. Legal experts, scholars, and community representatives should review the law. Most importantly, investigations must be strengthened through forensic inquiry, transparency, and timely prosecution.

The Guru teaches balance between devotion and reason, discipline and compassion. Law must reflect that balance. It should be revisited, not rejected, but refined, so that justice is guided by wisdom, clarity, and understanding, rather than fear.

(Gurpreet Singh is spokesperson, Kendri Sri Guru Singh Sabha, Chandigarh)

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