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A populist Bill

The Indian Penal Code (Punjab Amendment) Bill, 2016, has been passed by the Punjab Assembly, and is being touted as a feather in the cap of the Shiromani Akali Dal government.



The Indian Penal Code (Punjab Amendment) Bill, 2016, has been passed by the Punjab Assembly, and is being touted as a feather in the cap of the Shiromani Akali Dal government. Through it, the Assembly has sought to enhance the punishment, under various sections of the IPC, for defiling a place of worship with the intent to insult Sikh religious sentiments from two years to 10 years and proposed up to life imprisonment for sacrilege of Guru Granth Sahib. Even as SAD leaders claim credit on the issue, they will find it difficult to explain why the Bill, aimed at preventing desecration to Sikh scriptures was passed, even as another amendment providing a similar privilege to other religions was dropped.  

Incidents of sacrilege at various Sikh shrines in Punjab last year raised emotions, and the government’s ineptitude in dealing with the situation fuelled unrest to an extent where it became a law and order problem. All through, there were doubts about the ability of the police force to identify the culprits who had committed the crimes. It may not be unreasonable to see the stringent provisions of the new law as a means to deflect the focus from administrative failure and inadequate governance. The role of the police is paramount in maintaining law and order and in making citizens feel safe and secure. Gurdwaras, temples, mosques and churches all need to be protected from vandals. Barring stray incidents, the sanctity of places of worship has been largely maintained, except for the inexplicable spurt in crimes that took place last year. 

It is now widely recognised that resorting to enhancement of punishment for crimes can prove counter-productive, and is, in any case, against the reformative intent that underpins the legal system. Such a measure, if ever undertaken, should be the result of calm deliberation rather than knee-jerk reaction to extant situations. Bitter experience shows that the possibility of misuse of such provisions cannot be discounted. Scoring political points by playing upon religious sentiments is a stratagem that has cost Punjab dear in the past, and can do so again, unless proper vigilance and restraint are exercised. 

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