India’s Supreme Court rules ‘Pakistani’ is not a criminal slur

The Supreme Court of India has ruled that calling someone "Pakistani" or using terms like "Miyan-Tiyan" may be inappropriate but does not constitute a criminal offense. The judgment came while quashing a criminal case against a man accused of making such remarks, reinforcing the principle that offensive speech alone is not necessarily a punishable act under the law, Indian media reported.

The case originated in Jharkhand, where a complaint was filed by Md Shamim Uddin, an Urdu translator, alleging that the accused, Hari Nandan Singh, insulted him using communal slurs and exerted criminal force while he was performing official duties. Singh was subsequently charged under multiple sections of the IPC, including Section 298 (hurting religious sentiments) and Section 504 (intentional insult to provoke breach of peace). Additionally, he faced charges under Section 506 (criminal intimidation), Section 353 (assault to deter public servant from duty), and Section 323 (voluntarily causing hurt).

After completing the investigation, the magistrate took cognizance of the offenses and summoned Singh to court. Singh tried to get the case dismissed, and while the magistrate dropped some charges in 2022, the remaining charges stayed. His appeals to the additional sessions judge and Jharkhand High Court were unsuccessful, so he approached the Supreme Court of India.

A bench comprising Justices BV Nagarathna and Satish Chandra Sharma found that while the remarks made by Singh were inappropriate, they did not satisfy the essential elements required to constitute an offense under Section 298 IPC. The court further observed that there was no substantial evidence to indicate that Singh had used criminal force, thereby rejecting the charges under Sections 353 and 504.

The Supreme Court reiterated that using derogatory words alone does not constitute a crime unless they incite public disorder or pose a direct threat to communal harmony. Consequently, the court set aside the high court’s order and exonerated Singh of all charges.

On March 7, 2024, the Indian Supreme Court similarly ruled that chanting 'Pakistan Zindabad' or extending good wishes to Pakistan, or to any other country, does not constitute a criminal offense.