Supreme Court: ‘Miyan-Tiyan’, ‘Pakistani’ Remarks Not a Criminal Offense
The Supreme Court of India has ruled that referring to someone as ‘Miyan-Tiyan’ or ‘Pakistani’ may be in poor taste but does not amount to a criminal offense of hurting religious sentiments under Section 298 of the Indian Penal Code (IPC). The verdict was delivered while quashing a criminal case against an 80-year-old man accused of making such remarks.
Case Background
The case was initiated following a complaint by a man working as an Urdu translator and RTI clerk in Jharkhand. He alleged that during an official visit to deliver documents, the accused verbally abused him using the terms ‘Miyan-Tiyan’ and ‘Pakistani’ and also attempted to use criminal force against him. As a result, the accused was charged under IPC Sections 298 (hurting religious sentiments), 353 (assault or criminal force to deter a public servant from duty), and 504 (intentional insult to provoke breach of peace).
Supreme Court’s Observations
A bench comprising Justices BV Nagarathna and Satish Chandra Sharma stated that while the accused’s statements were inappropriate, they did not qualify as an offense under Section 298 IPC. The court noted that “the appellant is accused of hurting the religious feelings of the informant by calling him ‘Miyan-Tiyan’ and ‘Pakistani’. Undoubtedly, the statements made are in poor taste. However, it does not amount to hurting the religious sentiments of the informant.”
Legal Implications
Section 298 of the IPC deals with intentionally wounding religious sentiments through speech. The Supreme Court clarified that the mere use of derogatory terms, without explicit intent to offend religious beliefs, does not constitute a criminal act under this provision. Furthermore, the court found no substantial evidence suggesting that the accused had used criminal force against the complainant, thereby dismissing the charges under Section 353 IPC.
Conclusion
The Supreme Court’s ruling emphasizes the role of intent in determining offenses related to religious sentiments. While terms like ‘Miyan-Tiyan’ or ‘Pakistani’ are considered inappropriate, they do not amount to a criminal offense unless there is deliberate intent to wound religious feelings. The judgment provides clarity on the legal interpretation of Section 298 IPC and reinforces the necessity of distinguishing between poor taste and criminality in speech-related offenses.
