In a landmark ruling, the Supreme Court of India has held that calling someone ‘Miyan-Tiyan’ or ‘Pakistani’ may be inappropriate but does not amount to hurting religious sentiments under the law. A bench of Justices BV Nagarathna and Satish Chandra Sharma made this observation while discharging a man accused of referring to a government official as ‘Pakistani’ under Section 298 of the Indian Penal Code (IPC).
The case stemmed from a complaint by an Urdu translator and acting RTI clerk in Jharkhand, who alleged that the accused had abused him by referring to his religion when he approached him for RTI-related information. Initially, the man was booked under Sections 353, 298, and 504 of the IPC, but the Jharkhand High Court refused to discharge him.
Overruling the high court’s decision, the Supreme Court stated that while the remarks were ‘undoubtedly in poor taste,’ they did not meet the legal threshold for hurting religious sentiments. The court further noted that no assault or use of force was involved to justify charges under Section 353 IPC, and there was no evidence to prove provocation of a breach of peace, dismissing the Section 504 IPC charge as well.
