
Punjab Vidhan Sabha sends anti-sacrilege Bill draft to select committee for consultation with public and all stakeholders
Vidhan Sabha Speaker Kultar Singh Sandhwan said he would constitute the select committee comprising representatives of all political parties.
Earlier, speaking about the Bill, Chief Minister Bhagwant Mann suggested the Bill should not be passed in haste. 'I propose it should be handed over to the select committee. Let us not pass it in haste. Let us seek the opinion of the 3.5 crore people of the state. Let us give it three to four months. People should also feel that they have been consulted. It is their Bill,' he said.
Mann asked the Speaker to make it time-bound, 'There should be nominees of all political parties. Let us talk to the public like the parliamentary standing committee. The select committee can talk to the public.'
The Speaker said the select committee should be given six months. Mann then asked if the select committee could submit its report in four months. The Speaker said that six months would be the upper limit of the deadline.
Leader of the Opposition Partap Singh Bajwa said, 'Six months would be appropriate. The committee should not take longer.'
The Speaker then asked the House if the proposal should be passed unanimously and all legislators passed it unanimously.
Mann introduced the Bill in the Vidhan Sabha on Monday. It came up for a debate in Vidhan Sabha on Tuesday. After the debate, it was referred to the select committee.
The offence(s) punishable under this Act shall be cognisable, non-bailable and non-compoundable, triable by a session court. The investigation of the offence (s) punishable under this Act shall be conducted by a police officer not below the rank of deputy superintendent of police.
According to the draft Bill, any person who commits an offence under this Act shall be punished with imprisonment for a term which shall not be less than 10 years and which may extend to life imprisonment, and shall also be liable to pay a fine of Rs 5 lakh which may extend upto Rs 10 lakh.
Any person who attempts to commit an offence under this Act shall be punished with imprisonment for a term which shall not be less than three years and which may extend to five years, and shall also be liable to pay a fine which may extend up to Rs 3 lakh.
Any person who abets to commit an offence under this Act shall, if the act abetted is committed in consequence of the abetment, be punished with the punishment provided for the offence, said the draft.
An Act or offence is said to be committed in consequence of abetment when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment. The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.
To remove any difficulty in the implementation of the provisions of this Act or to remove any ambiguity, the state government may, by an order published in the official gazette, make such provision not inconsistent with the provisions of this Act, but no order shall be made under this section after the expiry of a period of two years from the date of commencement of the Act.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any law other than this Act.
According to the statement of objectives and reasons of the Bill, there have been attempts to disturb the peace and communal harmony in the state by committing sacrilege of the Sri Guru Granth SahibJi, the Srimad Bhagavad Gita, the Quran, and other holy scriptures.
The government said it was determined not to allow such incidents and ensure deterrent action against all those who commit such sacrilege. The proposed Bill aims to achieve this objective by providing life imprisonment for acts of sacrilege.
In the draft, 'holy scriptures' are defined as any of the scriptures considered sacred and held as 'holy' by respective religious denominations and may include the Sri Guru Granth Sahib, or extracts thereof including Pothis and Gutka Sahib, the Srimad Bhagavad Gita, the Quran, and the Bible. An 'offence' means and includes any sacrilege, damage, destruction, defacing, disfiguring, decolouring, defiling, decomposing, burning, breaking or tearing of any holy scripture or part thereof.
The words and expressions used but not defined in this Act shall have the same meanings as, respectively, assigned to them in the Bharatiya Nyaya Sanhita.
While BNS sections 298, 299, and 300 address such issues, they do not prescribe sufficiently stringent penalties to serve as an effective deterrent, a Cabinet note said.
The Cabinet note stated that there have been numerous incidents in the past involving the sacrilege of Sri Guru Granth Sahib ji and other revered holy books, deeply wounding public sentiment and causing unrest in society.
Considering the gravity of such offences and the imperative to preserve communal harmony and religious sanctity, the Cabinet found it necessary to introduce state-specific legislation providing enhanced penalties—including life imprisonment—for those convicted of sacrilege against any holy scripture, the note added.
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