India’s SC Rules Calling Someone ‘Pakistani’ Not Offensive to Religious Sentiments

NEW DELHI: The Supreme Court of India has ruled that calling someone “Pakistani” or “Miyan-Tiyan,” derogatory terms used to describe Muslims, may be in poor taste but does not amount to an offence under laws pertaining to religious sentiments. The ruling came while closing a case against a person accused of using these terms against a government servant in Jharkhand.

On February 11, Justices BV Nagarathna and Satish Chandra Sharma made the observation, dismissing the charges against the accused, Hari Nandan Singh. Singh had allegedly used the terms in a dispute with the complainant, an Urdu translator and acting clerk for the Right to Information (RTI) office in Chas.

According to the complainant, Singh had used the derogatory terms when he visited Singh’s home to deliver RTI information and was also allegedly subjected to criminal force during the encounter. Singh had initially been charged with several offences, including hurting religious sentiments (Section 298), criminal intimidation (Section 506), and assault (Section 323), among others.

However, the Supreme Court found insufficient evidence to sustain charges of assault, criminal intimidation, or provoking a breach of peace. The court ruled that while Singh’s remarks were inappropriate, they did not amount to a legal offence under Section 298, which pertains to hurting religious sentiments.

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Singh had previously been discharged by a magistrate in 2022 due to lack of evidence, and his challenge to this decision was upheld by both the sessions court and the Rajasthan High Court.

In conclusion, the Supreme Court discharged Singh of all charges, noting that the remarks, while offensive, did not constitute an offence under the relevant sections of the Indian Penal Code.