Source: The Hindu

Introduction

The prime accused in the brutal assault on Professor T.J. Joseph in Thodupuzha, Kerala, was apprehended by the National Investigation Agency (NIA) after 13 years of evading the law. The arrest recently took place in a village in northern Kerala's Kannur, where the accused had been living under a false identity. The assault on Professor T.J. Joseph occurred in July 2010 when religious extremists targeted him for allegedly drafting a question paper with a 'blasphemous' reference.

What is the Root Cause and Current Development in the Case?

• NIA’s Involvement:
  • The NIA took over the investigation in 2011 and secured the conviction of 19 individuals under various offenses, including the Unlawful Activities (Prevention) Act, in a two-phase trial.
  • However, the key accused, including the accused who has been recently arrested, hindered the closure of the case.
  • The NIA had earlier announced a ₹10 lakh bounty for information leading to the arrest of the recently captured accused.
• Network of Conspirators:
  • The current arrest has shifted the focus to unravelling the network of conspirators who orchestrated the assault and those who harbored him during his fugitive years.
• Addressing the Root Cause:
  • The outlawed Students Islamic Movement of India, transforming into the National Development Front and later into the Popular Front of India (PFI), underscores the need to dismantle the entire network of its underground supporters.
  • Professor Joseph, while overcoming personal grievances, emphasizes that taking action against the foot soldiers of religious terror is insufficient for societal peace. The handlers must also be held accountable.

What are Provisions Related to Blasphemy under Indian Criminal Law?

• Section 295A of Indian Penal Code, 1860 (IPC)- Deliberate and malicious acts intended to outrage religious feelings:
  • This section of IPC makes it an offence to deliberately and maliciously insult the religious beliefs of any class of citizens, with the intention of outraging their religious feelings.
  • The punishment for an offence under this section can extend to three years of imprisonment, or a fine, or both.
• Section 153A of IPC - Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony:
  • This section deals with promoting enmity between different groups on the basis of religion, among other factors. Any person who, by words, either spoken or written, or by signs, or by visible representations or otherwise, promotes or attempts to promote feelings of enmity, hatred, or ill-will between different religious, racial, language, or regional groups or castes, is punishable under this section.
• Current Scenario:
  • Section 196 of Bharatiya Nyaya Sanhita, 2023 (BNS) punishes promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.
  • Section 199 of BNS states that Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or through electronic means or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Conclusion

The arrest of accused represents a significant step towards closure in the long-pending case of Professor T.J. Joseph, highlighting the importance of dismantling terror networks from top to bottom for lasting peace and harmony in society.