• MyLove @M
• 04 Mar, 2025

The Supreme Court of India recently ruled that calling someone ‘Miyan’ or ‘Pakistani’ is undeniably inappropriate and uncivil but does not amount to a criminal offense under Section 298 of the Indian Penal Code (IPC). This verdict came during a hearing related to a case filed in Jharkhand.

Details & Context

- The case dates back to 2020 when an FIR was lodged at Sector 4 police station in Bokaro, Jharkhand.

- The complainant a Muslim government employee working as an Urdu translator in the RTI department, accused his colleague, Hari Nandan Singh of calling him ‘Pakistani’ during a workplace argument.

- The altercation allegedly occurred when the complainant handed over certain case-related documents to Hari Nandan Singh, as instructed by the Additional Collector.

- Following the heated exchange the complainant filed charges under IPC Sections 353 (assault or criminal force to deter a public servant from duty), 504 (intentional insult to provoke breach of peace) and 298 (uttering words to wound religious feelings).

Quotes

During the hearing, a bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma stated

| “While calling someone ‘Miyan’ or ‘Pakistani’ is certainly impolite, it does not fall under Section 298 of the IPC, as there was no intention to hurt religious sentiments.”

Additional Information

- The accused, Hari Nandan Singh is nearly 80 years old and faced legal battles from the lower court in Bokaro to the Jharkhand High Court, seeking relief.

- Ultimately the Supreme Court emphasised that the usage of such terms, though disrespectful cannot be categorised as a criminal act intended to disturb public peace or hurt religious feelings.

Read More: Jadavpur Student Injured in Minister Bratya Basu’s Car Incident: What Happened.?

Impact Analysis

The ruling has sparked debates about the fine line between freedom of speech and offensive language. While the court acknowledged the need for civil discourse, it reinforced that not every unpleasant remark amounts to a criminal offence.

Political and social reactions

- Some activists have supported the verdict, stating it protects free speech.

- Others worry it might encourage verbal abuse under the guise of ‘free expression.’

The Supreme Court’s decision clarifies that while offensive language like ‘Miyan’ or ‘Pakistani’ is unacceptable, it does not always constitute a criminal offence. This ruling sets a significant precedent for future cases involving verbal altercations.

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