Reference Text
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The
Punjab
Cabinet's
decision
to
amend
the
law
to
make
acts
of
sacrilege
against
the
holy
books
of
major
religions
punishable
with
life
imprisonment
is
retrograde
and
fraught
with
undesirable
consequences.
It
may
also
set
off
a
needless
flurry
of
legislation
in
the
rest
of
India
to
pander
to
different
groups.
The
current
proposal
is
a
slightly
expanded
form
of
amendments
passed
by
the
Punjab
Assembly
in
2016,
specifically
aimed
at
curbing
acts
of
sacrilege
targeting
the
Guru
Granth
Sahib.
The
Centre
had
then
returned
the
Bills,
saying
that
protecting
the
holy
book
of
only
one
religion
would
make
it
discriminatory
and
anti-secular.
The
proposal
now
cleared
by
the
Cabinet
aims
to
also
cover
the
Bible,
the
Koran
and
the
Bhagvad
Gita.
In
specifics,
the
law
will
introduce
a
new
section
(Section
295-AA)
in
the
Indian
Penal
Code
after
India's
own
'blasphemy
law',
Section
295-A,
which
criminalises
and
malicious
acts
intended
to
outrage
religious
feelings>.
As
prior
permission
of
the
Central
or
State
government
is
needed
to
prosecute
someone
under
such
sections,
a
consequential
amendment
to
the
Code
of
Criminal
Procedure
will
be
required.
The
earlier
Bill
was
introduced
by
the
Shiromani
Akali
Dal
government
following
allegations
of
desecration
of
the
holy
book.
Opposition
to
the
Bill
was
then
limited
to
the
question
whether
holy
books
of
other
religions
did
not
warrant
the
same
protection.
None
seemed
concerned
about
using
religious
sensitivities
to
score
political
points.
Is
there
any
necessity
for
a
fresh
provision
to
protect
religious
books
from
damage,
insult
and
sacrilege,
when
Section
295-A
itself
covers
it?
While
upholding
its
constitutional
validity
in
1957,
the
Supreme
Court
had
clarified
that
the
section
the
aggravated
form
of
insult
to
religion
when
it
is
perpetrated
with
the
deliberate
and
malicious
intention
of
outraging
religious
feelings>.
It
is
true
that
one
limb
of
any
blasphemy
law,
as
Section
295-A
can
be
termed,
is
aimed
at
preserving
public
order;
and
miscreants
can
fan
disorder
and
tension
by
malicious
acts
such
as
damaging
or
desecrating
a
holy
text.
This
can
be
invoked
to
jail
someone
for
three
years.
Providing
for
a
life
term
for
the
same
offence
in
relation
to
religious
texts
would
be
grossly
disproportionate.
'Sacrilege'
itself
is
a
vague
term,
and
would
render
the
section
too
broad.
There
is
a
history
of
misuse
of
laws
aimed
to
protect
religious
sentiments,
and
those
that
seek
to
punish
persons
who
promote
enmity
between
different
groups.
They
have
a
chilling
effect
on
free
speech,
and
give
a
handle
to
anyone
claiming
to
be
outraged
to
pursue
vexatious
prosecutions.
There
is
a
case
to
read
down
Section
295-A
and
Section
153-A
of
the
IPC
that
give
scope
to
prosecute
people
in
the
name
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