INTRODUCTION
From the era of Rulers and Emperors, the most common term implemented was Sacrilege[1] , a Latin term that means the theft of something sacred or essential or the profanation of holy things. Throughout history, humans have believed in the divine power of gods by symbolizing them with particular objects or figures and greeting them with the utmost divine These elements of spiritual significance and cultural importance are known as sacred, and the one who tries to harm these representations commits Sacrilege
Sacrilege is more than just a word; it is far from a static or monolithic concept. It’s a form of belief, love and respect people have for their respective gods. For example, in Sikhism, the Guru Granth Sahib is considered a living entity of their Guru, and whoever tries to touch or steal the pages or attempts to mock it in any way becomes the victim of blasphemy. Similarly, in other religions, sacrilege is condemned. This act of blasphemy is a concept followed across the world in every religion despite cultural differences, which sparks outrage.
Consider the scenario where someone from another religion commits the act of blasphemy without proper knowledge or someone who is of unsound mind has committed the same. Would killing them be a suitable choice? What about the Right to life? Killing a person in the name of religion seems to contradict fundamental human rights; what would be the point of having the rule of law in the first place? This blog will discuss and examine how religion has shaped our understanding, its complexity in the modern world, and its significance.
THE CONCEPT OF SACRED
Across the different ethnicities and religious sects, the one thing common between them is that each group has something sacred and of particular significance. As for their spiritual tradition or ancestral beliefs, they believe in worshipping them. For example, in Hinduism, people worship Idols, while Ancient Egyptians believed that ancestor spirits held certain connections and significance, and hence, they believed in the Veneration of deceased pharaohs. What one group considers sacred may have little relevance to another, complicating efforts to establish universal criteria for sinful behaviour. Nevertheless, for believers, the act of hurting their integral faith by the desecration of sacred objects, spaces, or rituals constitutes sacrilege as, at that time, they didn’t believe in any law or order. All they believe is their faith, and any individual who performs sacrilege must face punishment.
Consider the recent incident in India, the world’s largest democracy where the rule of law is prevalent; in the state of Punjab, a mob lynched a person who is of unstable mind on the allegation of performing sacrilege without hearing him, and regrettably, this isn’t first incident; such occurrences are on the rise. People are still stuck with their rigid mindset for their religion. If this is the condition of people living in a democracy, one can only imagine the plight of nations where religion holds a central position. Take, for instance, countries like Saudi Arabia, Iran, Pakistan, and Afghanistan, where Islam predominates. Here, blasphemy is met with public execution. A recent incident in Pakistan, where a mob beat and burned a person alive in front of the crowd, serves as a glaring testament to humanity’s dark side.
THE LINE BETWEEN SACRILEGE AND FREE SPEECH
The tension between freedom of speech and respecting religious beliefs exists in society there exists a fine line between creative expression and sacrilegious transgression Artists and creators often come with censorship on their artistic work where freedom and the boundaries of acceptability as in the Ukraine Defence Ministry[2] Mocks Hindu goddess “kali” by comparing it to Hollywood actress which was hurtful yet was tolerated and condemned as how civilized people should do to live with harmony in the society. However, artists must recognize the distinction between exercising their freedom of expression and creating content that causes harm.
LEGAL STANDING: THE INTERSECTION OF RELIGION AND LAW
The religious practices for the long term led to the formation of a legal framework for the upliftment of society where the law is framed by keeping in mind the sentiments of every religion. At the same time, some jurisdictions may enact specific laws prohibiting sacrilegious acts while others may rely on broader statutes related to public order or decency to address perceived offences and promote humanity grounds over religion. Some religious texts promote the killing and punishing of people who insult god, whereas on the other hand, some are silent on it. Yet, the boundaries between secular and religious domains remain porous, subject to interpretation in the face of evolving social norms and cultural dynamics. In a society where the Sharia follows the community of the Muslim population, there lies the coexistence of religious law along with civil law, but few countries with rigid mindsets and customary laws find it difficult to adopt laws and progress with the modern world.
Furthermore, the flow of information in the age of digitalization has increased, which has led to an increase in the flow of misinformation without fact checks, which makes it difficult to regulate sacrilegious content or other offensive material that spreads across borders. This intersection can only be solved with the proper international legal framework, which can be possible through dialogues and treaties with a feeling of cooperation on human grounds for a better world while upholding fundamental principles of justice, equality, and freedom for all.
Let’s compare how India, the Muslim world, and the European Union handle sacrilege
INDIA
The rule of law serves as the backbone of democratic societies by providing a proper framework for governance, justice, and protection of individual rights. The clear legal norms and procedures ensure that justice is provided fairly, without resorting to arbitrary measures. In India, Section 295A[3] of the Indian Penal Code provides punishment for the act done to “outrage the religious belief” of any individual but the people who punish these criminals feel that this punishment is not sufficient, which led the state government of Punjab passed an amendment bill in 2016[4] to amend IPC and CrPc to deal with sacrilege in Punjab it specifically mentioned “any sacrilege of the holy Guru Granth Sahib” punishable with life imprisonment which was discriminatory to another religion and hence rejected by centre whereas in 2018 bill which includes insult of all religious text as punishable is still pending along with it India believes in promoting enmity between different groups on grounds of religion as states in Section 153 A of IPC[5].
MUSLIM WORLD
The Muslim world believes Shirk[6] is an unforgivable sin, and the majority of countries punish people with life capital punishment; these interpretations are from their Holy Book, the Quran, whereas modern world countries like Indonesia, a Muslim majority country, have blasphemy laws but while maintaining public order. EU focuses on freedom of expression and speech, including the right to criticise anything, including religion. However, some states of the EU have some limitations to it, such as hate speech laws. On the other hand, a few countries like Greece and Poland have blasphemy laws in their books.
EUROPEAN UNION
The EU focuses on freedom of expression and speech, including the right to criticise anything, including religion. However, some states of the EU have some limitations to it, such as hate speech laws. On the other hand, a few countries like Greece and Poland have blasphemy laws in their books.
ALTERNATIVE APPROACHES
No one is too pure to punish another in the name of god by killing them; hence, instead of sticking to violence or extrajudicial measures, society can discuss and implement proper legal channels for the upliftment of humanity. This involves the enforcement of laws by having proper dialogue and discussion with different faiths, which can help to bridge the gap between culture and their religious beliefs by providing education and making people understand the thin line between hate speech and freedom of expression and the importance of human rights and how the increased amount of tolerance can help people coexistence peacefully in society without violating their rights and raising, the process of fair trial and appropriate punishment must be followed without any partiality to ensure faith of people on judiciary.
CONCLUSION
Sacrilege or blasphemy might be offensive, but it’s never a reason to take someone’s life. It’s essential to maintain human dignity and take care of human rights, like the right to life and freedom of expression, so that people with different beliefs can peacefully coexist. Violence only worsens divisions, but we can understand and respect each other better through education and deep discussions. Society must find a balance between respecting religious beliefs and protecting individual freedoms. Killing someone for blasphemy, especially if they didn’t know that the things they are doing are wrong or against someone’s religion or if they’re not mentally well, goes against fundamental human rights and the idea of fairness and justice. Instead, we should follow the rules of law, encourage tolerance and empathy, solve conflicts peacefully and embrace diversity while upholding justice and dignity for everyone, regardless of their beliefs or actions.
Authors Name: Anshika Sangwan (Symbiosis Law School, Noida)
Reference(s):
[1] Sacrilege (no date) Encyclopædia Britannica. Available at: <https://www.britannica.com/topic/sacrilege >(Accessed: 08 May 2024).
[2] Ukraine Defence Ministry mocks Hindu goddess Kali, compares her to Hollywood actress Marilyn Monroe (2023) Times Now. Available at: <https://www.timesnownews.com/india/ukraine-defence-ministry-mocks-hindu-goddess-compares-her-to-hollywood-actress-marilyn-monroe-article-99886936> (Accessed: 08 May 2024).
[3] IPC Section 295 – injuring or defiling place of worship, with intent to insult the religion of any class (no date) A Lawyers Reference. Available at: <https://devgan.in/ipc/section/295/> (Accessed: 08 May 2024).
[4] India: Punjab Passes amendments to indian penal code and code of criminal procedure making sacrilege of certain religious texts a crime (no date) The Library of Congress. Available at: <https://www.loc.gov/item/global-legal-monitor/2018-09-10/india-punjab-passes-amendments-to-indian-penal-code-and-code-of-criminal-procedure-making-sacrilege-of-certain-religious-texts-a-crime/> (Accessed: 08 May 2024).
[5] (No date a) Details of IPC Sections 153A, 295 & 295A. Available at: https://adrindia.org/sites/default/files/Details of IPC Sections 153A, 295 & 295A.pdf (Accessed: 08 May 2024).
[6] Ramzy, I. and Dastagir, G. (1970) Shirk, SpringerLink. Available at: <https://link.springer.com/referenceworkentry/10.1007/978-94-024-1267-3_2056#:~:text=The%20term%20shirk%20in%20Islam,one%2C%20unique%2C%20and%20absolute>. (Accessed: 08 May 2024).
