'Miyan,' 'Pakistani' not religious slurs: Supreme Court
What's the story
The Supreme Court of India has held that using words like "miyan" or "Pakistani" does not amount to an offense under Section 298 of the Indian Penal Code (IPC) for uttering words with deliberate intent to wound religious feelings. The ruling came in a case where an Urdu translator and acting clerk had filed a complaint against a person for making derogatory remarks. Justices BV Nagarathna and Satish Chandra Sharma were on the bench.
Case details
Court acknowledges poor taste but dismisses legal harm
The court noted that although such terms are in "poor taste," they don't legally hurt religious sentiments. Consequently, the case against the accused—who had allegedly called a government servant "Pakistani"—was quashed. The complaint was filed in Jharkhand where the Urdu translator, who was working as a clerk, alleged he was insulted while giving information on a Right to Information (RTI) application.
Court's conclusion
No act inciting breach of peace: Supreme Court
The Supreme Court held that there was no act by the accused that could have incited a breach of peace. "Undoubtedly, the statements made are poor taste. However, it does not amount to hurting the religious sentiments of the informant. Hence, we are of the opinion that the appellant shall also be discharged under Section 298 IPC," the apex court said.