Punjab’s new anti-sacrilege law overlaps BNS, needs Prez nod: Plea in HC
Chandigarh: A public interest litigation (PIL) has been filed in the Punjab and Haryana high court, challenging the constitutional validity of the Jaagat Jot Sri Guru Granth Sahib Satkar (Amendment) Act, 2026.The petition, filed by Jalandhar-based RTI activist Simranjeet Singh, contended the law introduced criminal penalties that overlapped with a central legislation like the Bharatiya Nyaya Sanhita (BNS) and therefore required Presidential assent under Article 254(2), which was not obtained. Article 254(2) provides that if a state law conflicts with a central law on a subject in the Concurrent List, it can still prevail within that state if it receives the President's assent. In the absence of such assent, the central law takes precedence. Even where assent is granted, Parliament retains the power to override the state law by enacting a subsequent legislation.The law prescribes stringent penalties, including life imprisonment, for certain offences related to sacrilege of the Guru Granth Sahib. It was passed unanimously by the Punjab assembly on April 13, received the governor's assent the same day, and was notified on April 20.The petitioner argued that the law disproportionately protected a single religious scripture, potentially violating Article 14 (equality before law) of the Constitution and its secular structure. Article 14 guarantees equality before the law and equal protection of the laws to all persons within India. It means the state cannot treat individuals arbitrarily or discriminate without a reasonable basis. It also termed the provision of life imprisonment for non-violent offences as arbitrary and excessive. The plea added that the broad definition of "sacrilege", including speech and electronic expression, could have a chilling effect on freedom of expression under Article 19 of the Constitution.An application has also been filed seeking an interim stay on the law's operation. The petitioner argued that immediate enforcement could lead to criminal prosecutions and administrative burdens, such as mandatory record-keeping, causing "irreparable harm" if the law is later struck down.The matter is yet to come up for hearing.
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