Sacrilege incident at Golden Temple: What are the laws and punishments around the world?

NEW DELHI: The recent lynching of a man after he allegedly attempted to commit "sacrilege" inside the sanctum sanctorum of the Golden Temple in Amritsar has once again triggered the debate over the issue and how to deal with such inappropriate conduct.

The man who hailed from Uttar Pradesh was allegedly beaten to death and was seen in a viral video, jumping inside a fence, to reach the Guru Granth Sahib in the Golden Temple. The incident took place during the evening prayers (Rehraas Sahib). The man jumped from the golden railing inside the sanctum sanctorum, picked a sword and reached near the place where a Sikh priest was reciting the holy Guru Granth Sahib. The man was caught by Shiromani Gurdwara Parbandhak Committee (SGPC) task force members and then allegedly beaten to death.

The lynching of the youth for allegedly trying to desecrate the Guru Granth Sahib has ignited what has been a long-simmering controversy.

What does 'beadbi' or 'sacrilege' of Guru Granth Sahib Ji mean in Sikhism?

‘Beadbi’ or 'sacrilege' means being disrespectful towards Guru Granth Sahib Ji. The concept of sacrilege in Sikhism emanates largely from the fact that Sikhs consider the Guru Granth Sahib to be a living Guru. The Sikhs consider the Guru Granth Sahib and everything associated with it as highly sacred. In Sikhism, the Guru is considered to be a living entity, hence any harm or disrespect to the guru is treated as a serious offence.

Apart from the Guru Granth Sahib, the ‘gurdwara’, which literally means the abode of the guru, and the articles used in the service of the Guru, are sacred. The ‘dastaar’ or the ‘pagri’, the headgear worn by Sikhs, is also considered sacred, as is the ‘kirpan‘, the sword that baptised Sikhs carry. The hair and beard maintained by Sikhs are also sacred, and touching or disrespecting these also amounts to sacrilege.

Incidents of sacrilege in India

In India, for some years now, Punjab has topped the country in the number of sacrilege cases. Data from the National Crime Records Bureau (NCRB) shows that from 2018 to 2020, Punjab’s rate of crimes (number of cases divided by population in lakhs) registered under Sections 295 to 297 of the Indian Penal Code (IPC), which deal with sacrilege, was the highest.

Blasphemy

To blaspheme is 'to show contempt or disrespect for (God or sacred things)'. 71 of the world's 195 countries have blasphemy laws. Penalties for violating blasphemy laws in these countries can range from fines to imprisonment and death.

Definition of Blasphemy

Blasphemy is defined as “the act of insulting or showing contempt or lack of reverence for God.” According to the study, Blasphemy laws are astonishingly widespread. Seventy-one countries spread out across many regions, maintain such statutes. Every one of these blasphemy statutes deviates from at least one internationally recognized human rights principle. Most of these laws fail to respect fully the human right of freedom of expression.

What do international studies into Blasphemy laws suggest?

All five nations with blasphemy laws that deviate the most from international human rights principles maintain an official state religion.

Most blasphemy laws studied were vaguely worded, as many failed to specify intent as part of the violation. The vast majority carried unduly harsh penalties for violators.

Most blasphemy laws were embedded in the criminal codes and 86 percent of states with blasphemy laws prescribed imprisonment for convicted offenders. Some blasphemy statutes even imposed the death penalty.

What is punishment around the world for such crimes?

A 2017 report by the US Commission on International Religious Freedom (CIRF) identified 71 countries that criminalise views deemed to be blasphemous. The punishments for these transgressions vary from fines to the death penalty, but the vast majority of countries (86%) that enforce blasphemy laws prescribe imprisonment for convicted offenders.

Blasphemy is punishable by death in Iran, Pakistan, Afghanistan, Brunei, Mauritania and Saudi Arabia and some African nations. Among non-Muslim-majority cases, the harshest blasphemy laws are in Italy, where the maximum penalty is three years in prison.

Half of the world’s 49 Muslim-majority countries have additional laws banning apostasy, meaning people may be punished for leaving Islam. All countries with apostasy laws are Muslim-majority except India. Apostasy is often charged along with blasphemy.

Pakistan

In Pakistan, which also follows the IPC Sections enacted by the colonial government, while Section 295 similarly leads to two years in jail, Section 295A invites 10 years of imprisonment. 

In 1982, the Pakistan government added a Section 295B to protect the Quran. The punishment for defiling it is imprisonment for life. In 1986, Pakistan added Section 295C, which carries a mandatory death sentence for the use of derogatory remarks about the Prophet Mohammed or other prophets.

In simple words, Pakistan's blasphemy laws carry a potential death sentence for anyone who insults Islam. Critics say they have been used to persecute minority faiths and unfairly target minorities.

The Middle East and North Africa

Blasphemy bans are the norm rather than the exception in the Middle East and North Africa, with 18 of the region’s 20 nations treating insults to Islam as a criminal offence, according to the Pew Research Centre. Fourteen countries in the region also criminalise apostasy, the act of formally renouncing a religion.

Americas and Asia-Pacific

According to the most recent Pew Research report, one-third of the Americas still have anti-blasphemy laws, as do almost a quarter of countries in the Asia-Pacific region.

Anti-blasphemy laws in Europe 

Even in ‘secular’ Europe, several developed countries still have laws dealing with blasphemy. Blasphemy was abolished as an offence in England and Wales in 2008, but it remains in Scotland and Northern Ireland, according to The Independent. 

In countries like Poland, Greece, Italy, Russia and Ireland, the accuse can face criminal charges for blasphemy, although in practice such prosecutions are rare and, in most cases, impossible due to constitutional guarantees on freedom of expression.

(Based on international studies & Pew Research)