Blasphemy law in India : How India fights blasphemous attacks?

In search of Gods, are humans losing humanity? The act of beheading of a Hindu tailor in Udaipur for a social media post supporting Nupur Sharma over her “blasphemous” remarks against Prophet Muhammad had set the entire nation on fire and was considered by the Centre as an act of terror. So, the question here is, "Is there an urgent need for blasphemy laws in India?" What are these laws? Will implementation of such laws help in combating these terror incidents? In this article, we will be discussing all these issues. 

Blasphemy laws are generally used worldwide to persecute people for beliefs and activities that do not conform to the majority opinion on religious and sensitive affairs. Currently, around 25% of the countries in the world have defined punishments for the offense of blasphemy. Amongst the 71 countries, only two i.e. Iran and Pakistan, have incorporated the capital punishment of death for the offence. Though India and Pakistan followed a similar criminal justice system as Lord Macaulay’s criminal code was prevalent, Pakistan made amendments in the years 1980 to 1986 and included blasphemy as a penal offense but India does not have a specific law against blasphemy.

How does India deal with blasphemy laws? Are there any provisions?

• Blasphemy is sometimes misunderstood as a criticism of religion. The truth is that it’s alleged to suppress this criticism of religion. Just so you know, there is a difference between criticism and blasphemy. 

• Criticism may come under freedom of speech or expression where people can criticize a religion based on Logic, reason and rationality without using any bad words, whereas blasphemy, on the other hand, is defaming religion in word or deed.

In India, although not mentioned specifically, blasphemy is punishable under Sec. 295A of the Indian Penal Code. This section punishes “deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs” with imprisonment of up to three years, a fine, or both. You can refer to this section as India's primary blasphemy law.

India is a secular state, and hence not only a particular religion but all religions are protected under this blasphemy law, whereas in other countries like Pakistan and Iran, only one religion (i.e.; Islam) is protected by this law. And undoubtedly, for this reason, religion has been a disputed topic throughout India as people from different denominations and religions have distinct beliefs and thought processes, “What one thinks is right, may not be right for another.” Isn’t?

In a recent incident, Nupur Sharma’s derogatory remarks against Prophet Muhammad on a Times Now show sparked immense controversy in-house & abroad. Later, she was booked by the police in Maharashtra under Section 295A of the IPC. Many similar incidents have been witnessed in the past like this, Republic TV editor Arnab Goswami and standup comedian Munawar Faruqui have been booked under this law for trying to insult religious sentiments.

Stance of Blasphemy laws in different countries

Many countries have opposed blasphemy laws by putting the right to speech and freedom at the highest pedestal for all these nations, believing that the blasphemy laws in place may obstruct the ideal implementation of the same. So, some countries have held it constitutional while few others as unconstitutional. Take a look:

• In 1952, the US Supreme Court held blasphemy ‘unconstitutional’. 

• In 1995, it was abolished in Australia and then England in 2008. 

• In countries like the USA & China, the communist nations don't support blasphemy laws, and they don’t believe in religion at all.

• In countries like Afghanistan, Iran, Pakistan, and Saudi Arabia, blasphemy is punishable with execution.

• Article 1 of the General Principles of Saudi Arabia states, “Its religion is Islam. Its constitution is Almighty God’s Book, The Holy Quran, and the Sunnah of the Prophet.” And under the Wahhabi interpretation of Islamic Sharia law which the Saudi monarchy follows, apostasy is punished by death. Blasphemy is punished under this law only.

• In Oman, Article 209 of the Sultanate’s penal law punishes blasphemy with a maximum of 10 years in jail.

Example: In 2016, activist Hassan Al-Basham was sentenced to three years in prison for blasphemy for insulting the Sultan then 2 Omani activists in 2022 as well.

• In Kuwait, Article 111 of the penal code punishes belittling Islam's beliefs, practices, rituals or teachings with imprisonment of up to a year and a fine.

Conclusion

When it comes to the implementation of specific legislation on the blasphemy law in India, both the use and abuse will be on the rise. Section 295A of the IPC is already an Indian version of the blasphemy law. A lot of cases are popping up under the said law, such as Nupur Sharma’s case or Mahua Moitra’s case, who faced charges over her ‘Kali’ remarks. Blasphemy laws restrict an individual’s right to his/her freedom of speech & expression, but finding out whether its objective is reasonable is the prime issue here. Taking a side in this matter would be showing hypocrisy. This is something that needs to be addressed at the global level.