How Sikh activist's protest atop 400-feet BSNL tower led to Punjab's new sacrilege law

A Sikh activist has been holding a protest atop a 400-feet BSNL tower since October last year against the incidents of sacrilege in Punjab demanding death penalty for the accused. This unique and persistent protest had prompted the state government to enact a new law.

Chief Minister Bhagwant Mann said the government will table the bill in the assembly before sending it for a larger consultative process. While the exact contours of the bill will be known once it is presented in the assembly on Friday, there were indications that either life imprisonment or 10-year jail would be the maximum sentence under it.

The CM ruled out capital punishment, calling it “too strong” and susceptible to misuse. Instead, the government plans to refer the Bill to a consultative committee, engage religious institutions, and seek amendments based on public inputs.

The initial draft is said to be based on inputs from the Sarb Dharam Beadbi Rokko Kanoon Morcha, which spearheaded a campaign for bringing stringent provisions against acts of sacrilege in the state.

Sacrilege remains a deeply emotive and political issue in Punjab. It entered the national spotlight in October 2015, when torn pages of the Guru Granth Sahib were found in Bargari, Faridkot. The incident led to massive Sikh protests, and police firing at Behbal Kalan, which claimed two lives.

The fallout hit the then ruling SAD-BJP government very hard. Accused of mishandling the crisis, the Akalis faced a wipeout in the 2017 elections, retaining only three seats in the 117-member Assembly. Adding to their public humiliation, Sukhbir Singh Badal was summoned and handed religious punishment (tankhah) by the Akal Takht, a rare occurrence in Sikh religious affairs.

Now, by bringing a new law, the AAP government wants to remain on the right side of religious sentiment. Some of sacrileges incidents have even led to mob lynchings in the past. The Mann government has been in overdrive to bring in reforms, initiate new projects as it stares at assembly polls in 2027. After losing Delhi, the AAP has pooled in all resources to retain the border state. Most of the party's senior leadership from Delhi including former CM Arvind Kejriwal has been camping in the state.

The Opposition parties attacked the Mann government, saying it was trying to divert attention from its failures. State BJP chief Sunil Jhakhar questioned the state government, asking saying how many convictions have happened in over 300 sacrilege cases since 2015?

Though the state government is bringing the law, it may contradict the current legal framework under Section 299 of the Bharatiya Nyaya Sanhita (BNS) that provides up to three years in prison for acts meant to outrage religious sentiments. The law is non-bailable and cognisable — but widely seen in Punjab as inadequate, especially for offences against the Guru Granth Sahib, considered a living Guru by Sikhs.

Earlier, in 2018, the Congress government led by Captain Amarinder Singh passed Bills prescribing life imprisonment for sacrilege, but the Centre returned them, citing excessive punishment and conflict with central codes.

Now, how the new bill will pass the Centre’s muster remains to be seen.

India