Calling someone ‘Pakistani’ not a crime, says Supreme Court

The Supreme Court on Mar 4 ruled that calling someone "Miyan-Tiyan" or "Pakistani" may be distasteful but does not constitute an offense under the Indian Penal Code (IPC) for hurting religious sentiments.

A bench comprising Justices BV Nagarathna and Satish Chandra Sharma made the observation while dismissing a case against a man accused of referring to a government employee as "Pakistani."

The case stemmed from a complaint filed by an Urdu translator and acting clerk in Jharkhand. The complainant alleged that the accused had verbally abused him, referencing his religion, and had used criminal force to obstruct his official duties when he visited to provide information regarding a Right to Information (RTI) application.

Based on the complaint, an FIR was registered against the accused under Sections 298 (hurting religious sentiments), 504 (intentional insult to provoke breach of peace), and 353 (assault or criminal force to deter a public servant from duty) of the IPC.

However, overturning an earlier Jharkhand High Court order, the top Court held that the statements made, while inappropriate, did not amount to religious provocation.

"The appellant is accused of hurting the religious feelings of the informant by calling him ‘Miyan-Tiyan’ and ‘Pakistani.’ Undoubtedly, the statements made are in poor taste. However, they do not amount to hurting the religious sentiments of the informant," the bench observed.

The court also noted that there was no evidence of assault or use of force to warrant charges under Section 353 of the IPC.

This ruling reinforces the principle that while offensive remarks may be socially undesirable, they do not necessarily meet the threshold for criminal prosecution under laws governing religious sentiments and public order.