Punjab’s sacrilege Bill is regressive and draconian
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Context
The Punjab Legislative Assembly recently passed the Jagat Jot Sri Guru Granth Sahib Satkar (Amendment) Bill, 2026, proposing life imprisonment for the desecration of the Sikh holy book. The editorial criticizes the legislation for expanding the definition of sacrilege to include spoken and electronic expressions, raising concerns about its draconian nature, potential for misuse, and conflict with constitutional rights.
UPSC Perspectives
Polity
Under the Indian Constitution, criminal law and criminal procedure are subjects located in the (List III of the ). When a state legislature passes a bill that alters or amends a central law (like replacing provisions of the regarding religious offenses), it requires the assent of the President of India under to resolve any repugnancy with central laws. Historically, similar sacrilege bills passed by Punjab in 2016 and 2018 failed to become law; they were either rejected by the Centre for singling out one religion (potentially violating the right to equality under ) or did not receive the Governor's assent under . UPSC candidates must understand the delicate balance of federalism where the Union government exercises a constitutional check on state legislations involving concurrent subjects.
Governance
India does not have a formal 'blasphemy' law, but provisions like the former of the Indian Penal Code criminalize deliberate and malicious acts intended to outrage religious feelings. By expanding the definition of sacrilege to encompass 'hurt sentiments' via electronic, spoken, or symbolic mediums, the new bill threatens to create a severe chilling effect on the fundamental right to freedom of speech and expression guaranteed under . Such expansive penal laws frequently face judicial scrutiny to determine if they strictly qualify as reasonable restrictions under , which allows state limitation only on specific grounds like public order, decency, or morality. Courts have repeatedly warned against the arbitrary application of 'hurt sentiment' laws, noting they can be weaponized to silence dissent, target minorities, and settle political scores.
Social
The introduction of this bill highlights the complex interplay between religion and electoral politics, often manifesting as vote-bank politics. A core feature of Indian secularism is the principled distance of the state from religious affairs while maintaining equal respect for all faiths (Sarva Dharma Sambhava). By enacting a stringent law that provides special protection primarily to one religious text, the state risks undermining its secular ethos and the constitutional mandate of equal protection. Furthermore, prioritizing identity-based religious legislation over pressing socio-economic challenges—such as the state's severe drug menace, organized crime, and mounting fiscal deficit—illustrates how legislative focus can be derailed by populism ahead of assembly elections.