Calling someone "Miyan-Tiyan" & "Pakistani" in poor taste but is not an offence: Supreme Court

In a significant ruling, the Supreme Court has asserted that while calling a person “Miyan-Tiyan” and “Pakistani” may be in poor taste, it does not constitute a criminal offense under Section 298 of the Indian Penal Code (IPC), which penalizes deliberate acts intended to wound religious feelings.

Overturning the Jharkhand High Court’s decision that had refused to discharge the accused, a bench comprising Justices B V Nagarathna and Satish Chandra Sharma observed:

“The appellant is accused of hurting the religious feelings of the informant by calling him ‘Miyan-Tiyan’ and ‘Pakistani.’ Undoubtedly, the statements made are poor taste. However, it does not amount to hurting the religious sentiments of the informant.”

The case stemmed from a complaint lodged by an Urdu translator and acting clerk (Right to Information) at the Sub-Divisional Office, Chas. According to the complainant, the accused allegedly hurled religiously charged remarks at him and even obstructed him from performing his official duties when he visited to provide information related to an RTI application.

Subsequently, the accused was booked under Sections 353 (assault or use of criminal force to deter a public servant from duty), 298 (hurting religious sentiments), and 504 (intentional insult to provoke breach of peace) of the IPC.

However, the Supreme Court found the charges unsustainable, ruling that the complaint lacked the necessary ingredients to establish the alleged offenses. The Court clarified that there was no evidence of assault or use of force to invoke Section 353. It further ruled that the accused’s actions did not amount to provocation capable of disturbing public order under Section 504.

A team of senior advocates, led by A Sirajudeen and supported by Arya Kumari, Divya Singhvi, Pardeep Gupta, Parinav Gupta, Mansi Gupta, and Vipin Gupta, represented the appellant. Meanwhile, the state was represented by Standing Counsel Vishnu Sharma, along with advocates Shiv Ram Sharma, Tulika Mukherjee, Venkat Narayan, and Beenu Sharma.

This ruling underscores the fine line between offensive language and legally punishable religious insult, reaffirming that distasteful words alone do not necessarily constitute a crime under the IPC.

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