[Evidently, provision for way too harsher punishment for desecration of
(four specified) holy books would just not be open to mischiefs and misuse
by those in power but also, even more importantly, would help to further
legitimise religious frenzy, already at a high level, and attacks against
all sorts of act act perceived to be "hurting religious sentiments".
Its impact won't be restricted to the confines of Punjab only.

Such a threat strikes at the very roots of a secular democratic order.

This has got to be resisted.

<<The Amarinder Singh cabinet, on Tuesday (August 21), approved amendments
to the CrPC and IPC, making the desecration of religious texts punishable
with life in Punjab. It made the case for the insertion of Section 295 AA,
providing that “whoever causes injury, damage or sacrilege to Sri Guru
Granth Sahib, Srimad Bhagwad Gita, Holy Quran and Holy Bible with the
intention to hurt the religious feelings of the people, shall be punished
with imprisonment for life”.
..
... The bill was first enacted by the previous Akali Dal-BJP government as
a desperate damage-control exercise in the wake of Sikh rage over a rash of
desecrations of the Sikh holy book in 2015. The amendment at that time
specifically sought life imprisonment for desecration of Guru Granth Sahib
and a 10- year term for that of other religious texts. But the home
ministry returned the bill saying it would violate the Constitutional
principle of secularism and was “excessive in law”. The current Congress
government in the state withdrew the bill last year. The home ministry has
to approve state-specific changes in the central code.
... It is no coincidence that the bill’s presentation in the assembly on
August 24 has been timed with the tabling of the Justice Ranjit Singh
Commission report which squarely blames the previous government for the
past incidents of sacrilege.
Harsh blasphemy laws in other countries have been brazenly misused to
settle political scores and silence opponents of the ruling regime. They
also feed religious frenzy as we have seen in our neighbourhood. The only
redeeming aspect is that Punjab’s bill will have (to) go through central
scrutiny. Hopefully, at that stage the more draconian provisions of the
bill will be removed.>>

(Excerpted from sl. no. I. below.)

<<The Amarinder Singh-led Congress government in Punjab has decided to
introduce a bill in the forthcoming assembly session to amend the Indian
Penal Code (Punjab Amendment) Bill, 2016 and the code of Criminal Procedure
(Punjab Amendment) Bill, 2016 to make sacrilege of religious scriptures
punishable by life imprisonment.
The amended part would include Section 295 AA in the IPC to make sacrilege
punishable for desecration of not only the Guru Granth Sahib, as was the
case with the earlier bill passed by the Shiromani Akali Dal government,
but also include the scriptures of other religious communities, i.e.
Bhagavad Gita, Bible and Quran. Once passed by the legislature, it would
await the Centre’s approval — an earlier bill was returned by the Centre on
the ground that the punishment sought should have been for hurting the
religious sentiments of all communities.
...
The Congress’ move to further strengthen the blasphemy law has come at a
time when the middle classes in society are moving towards right-wing
politics based on religious identity.
The Constitution underlines the secular democratic character of Indian
polity by not only invoking it in the Preamble but also by guaranteeing the
right to religious freedom through Articles 19 and 25. Given this, there
are existing laws to punish those who hurts religious sentiments — so, is
there a need to bring an extraordinary law?
We are witnessing mobs going on a rampage justifying their acts in the name
of religion; extraordinary laws, such as the ones to protect national
security, have led to highhandedness by state agencies, and; such laws have
led to political parties misusing it in the past. The proposed blasphemy
law must be seen in this light.>>


I/II.
https://www.hindustantimes.com/editorials/punjab-s-effort-to-criminalise-blasphemy-further-is-dangerous/story-7eKE57Ub71fjP9hUIWjGoL.html

Punjab’s effort to criminalise blasphemy further is dangerous
Going a step ahead over the previous version of the Bill by proposing
life-term for sacrilege of all religious texts hints at the Punjab
Congress’s attempt to score the political brownie points.

Updated: Aug 24, 2018 12:04 IST
Hindustan Times

The Amarinder Singh cabinet approved amendments to the CrPC and IPC, making
the desecration of religious texts punishable with life in Punjab(Anil
Dayal/HT)

In what seems a clear attempt to pander to religious sensibilities, the
Punjab government has sought a state-specific amendment to make the
country’s blasphemy law under Section 295 of the IPC more stringent.
Currently, it prescribes two years punishment for “injuring or defiling a
place of worship with intent to insult the religion of any class.”

The Amarinder Singh cabinet, on Tuesday, approved amendments to the CrPC
and IPC, making the desecration of religious texts punishable with life in
Punjab. It made the case for the insertion of Section 295 AA, providing
that “whoever causes injury, damage or sacrilege to Sri Guru Granth Sahib,
Srimad Bhagwad Gita, Holy Quran and Holy Bible with the intention to hurt
the religious feelings of the people, shall be punished with imprisonment
for life”. Criminalising the blasphemy law further is fraught with danger
and it needs to undergo much more legal scrutiny before it is pushed
through, if at all.

Even the context and timing of the Bill has more to do with scoring
populist brownie points in a state where religion and politics mingle
ceaselessly. The bill was first enacted by the previous Akali Dal-BJP
government as a desperate damage-control exercise in the wake of Sikh rage
over a rash of desecrations of the Sikh holy book in 2015. The amendment at
that time specifically sought life imprisonment for desecration of Guru
Granth Sahib and a 10- year term for that of other religious texts. But the
home ministry returned the bill saying it would violate the Constitutional
principle of secularism and was “excessive in law”. The current Congress
government in the state withdrew the bill last year. The home ministry has
to approve state-specific changes in the central code.

Still, the issue remains an emotive one. What has raised political
temperatures is a report by the Justice Ranjit Singh Commission set up by
the Amarinder government to probe past incidents of blasphemy. It is no
coincidence that the bill’s presentation in the assembly on August 24 has
been timed with the tabling of the Justice Ranjit Singh Commission report
which squarely blames the previous government for the past incidents of
sacrilege.

Harsh blasphemy laws in other countries have been brazenly misused to
settle political scores and silence opponents of the ruling regime. They
also feed religious frenzy as we have seen in our neighbourhood. The only
redeeming aspect is that Punjab’s bill will have [to] go through central
scrutiny. Hopefully, at that stage the more draconian provisions of the
bill will be removed.

II.
https://www.moneycontrol.com/news/politics/opinion-amarinder-singhs-blasphemy-law-can-have-disastrous-consequences-in-punjab-2877321.html

Last Updated : Aug 24, 2018 02:59 PM IST |

Source: Moneycontrol.com

Opinion | Amarinder Singh’s blasphemy law can have disastrous consequences
in Punjab
Even when seen from the narrow political terms, the Congress can only hope
to have a short-term gains as the use religious sentiments for political
purposes is more likely to help the Akali Dal and the BJP

Ashutosh Kumar

The Amarinder Singh-led Congress government in Punjab has decided to
introduce a bill in the forthcoming assembly session to amend the Indian
Penal Code (Punjab Amendment) Bill, 2016 and the code of Criminal Procedure
(Punjab Amendment) Bill, 2016 to make sacrilege of religious scriptures
punishable by life imprisonment.

The amended part would include Section 295 AA in the IPC to make sacrilege
punishable for desecration of not only the Guru Granth Sahib, as was the
case with the earlier bill passed by the Shiromani Akali Dal government,
but also include the scriptures of other religious communities, i.e.
Bhagavad Gita, Bible and Quran. Once passed by the legislature, it would
await the Centre’s approval — an earlier bill was returned by the Centre on
the ground that the punishment sought should have been for hurting the
religious sentiments of all communities.

The Congress government’s decision to introduce the bill coincides with its
decision to table the Justice Ranjit Singh Commission Report, which looked
into incidents of desecration of the Guru Granth Sahib and the ensuing
protests in several villages in late 2015. Protesters were killed in police
firing in Behbal Kalan and Kotakpura in Faridkot.

Akali patriarch Parkash Singh Badal’s name has also figured in the report.
Badal has also been accused of pressurising the head granthi of Takht
Damdama Sahib and other Sikh priests to exonerate the Dera Sacha Sauda
chief of blasphemy charges after he was charged with impersonating the 10th
Sikh Guru.

With the bill and the report, the Congress has revived its attack on the
Akali Dal, charging the party of failing to check repeated incidents of
desecration of the holy book and trying to exonerate the Dera chief eyeing
the votes from his followers.

In politics, timing matters. The Congress is trying to do two things as
2019 elections is around the corner with Punjab among the few states where
the party clearly fancies its chances.

One, the party wants to remind the panthic voter about the abject failure
of the Akali Dal to check the repeated acts of sacrilege hurting the
religious sentiments of the Sikh community.

The Akali leadership (read the Badal family), despite remaining in power
for two terms (2007-17), has been at the receiving end from both the
panthic voter and the sizeable Sikh diaspora for weakening not only the
ideology of the cadre-based party but also the two pillars of Sikh politics
— the  Shiromani Gurdwara Parbandhak Committee (SGPC) and the Akal Takht.

In the 2014 and 2017 polls, many of the disgruntled panthic voters
supported the Aam Aadmi Party (AAP). As the AAP in Punjab seems to be on
the verge of imploding, Singh, who had resigned from the Congress after
Operation Blue Star, aims to wean away the committed panthic vote of the
Akali Dal and the AAP in Congress’ favour.

Second, the party also wants to flaunt its secular character to strengthen
its support base among other communities by proposing the sacrilege bill.

While the Akali Dal must take its share of the blame, the Congress cannot
get away for playing with the religious sentiments of the people in a state
which has in the past witnessed such politics taking a disastrous turn.

The Congress’ move to further strengthen the blasphemy law has come at a
time when the middle classes in society are moving towards right-wing
politics based on religious identity.

The Constitution underlines the secular democratic character of Indian
polity by not only invoking it in the Preamble but also by guaranteeing the
right to religious freedom through Articles 19 and 25. Given this, there
are existing laws to punish those who hurts religious sentiments — so, is
there a need to bring an extraordinary law?

We are witnessing mobs going on a rampage justifying their acts in the name
of religion; extraordinary laws, such as the ones to protect national
security, have led to highhandedness by state agencies, and; such laws have
led to political parties misusing it in the past. The proposed blasphemy
law must be seen in this light.

Even when seen from the narrow political/electoral terms, the Congress can
only hope to have a short-term gains as any attempt to use religious
sentiments for political purposes is more likely to help the Akali Dal, the
past master of panthic politics, and the BJP.

(Ashutosh Kumar is professor, department of political science, Panjab
University. Views expressed are personal)


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