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Chandigarh: A petition has been filed before the Punjab and Haryana High Court seeking the quashing of the “Jaagat Jot Sri Guru Granth Sahib Satkar (Amendment) Act, 2026”, a stringent law that prescribes punishments up to life imprisonment for acts of sacrilege. The matter is yet to be listed for hearing.
Challenge to the Governor’s assent
The petition, filed by Jalandhar resident Simranjeet Singh, questions the constitutional validity of the Act, which the Punjab Assembly passed, received the Governor’s assent on April 17, and was notified on April 20.
A key argument raised is that the law required Presidential assent under Article 254(2) of the Constitution. The petitioner contends that, since the Act creates criminal penalties—potentially in conflict with provisions of the Bharatiya Nyaya Sanhita—it falls within the Concurrent List, making Presidential approval mandatory.
Equality and secularism concerns
The plea also invokes Article 14 (right to equality) and the principle of secularism, arguing that the law:
- Provides exclusive and stringent protection only to the saroops of Sri Guru Granth Sahib
- Does not extend a similar framework to other religious scriptures
This, the petitioner argues, creates unequal legal protection and fails the test of equality before the law.
Debate over the proportionality of punishment
The petition specifically challenges Section 5(3) of the Act, which mandates life imprisonment for conspiracy to commit sacrilege with intent to disturb peace.
It argues that:
- The punishment is disproportionate
- It equates such offences with crimes like murder
- It amounts to “manifest arbitrariness” under constitutional principles
Free speech and a vague definition of offence
Another major concern flagged is the broad definition of sacrilege under Section 2(bb), which includes acts through:
- Spoken or written words
- Signs or visible representation
- Electronic means
The petitioner claims this definition is vague and overbroad, potentially chilling freedom of speech under Article 19.
Background of the law
The amendment was brought in by the Punjab government to strengthen deterrence against sacrilege incidents, following years of public outrage and low conviction rates in such cases. It provides:
- Punishment ranging from 10 years to life imprisonment
- Fines between ₹5 lakh and ₹25 lakh
- Provision for property confiscation
What happens next
The High Court will now examine whether the law:
- Violates constitutional provisions
- Requires Presidential assent
- Meets standards of fairness, proportionality, and equality
The outcome of the case could have significant implications for the balance between religious protection and fundamental rights, not just in Punjab but across India.
