Supreme Court’s Take on ‘Miyan-Tiyan’ and ‘Pakistani’ Remarks
In a noteworthy ruling, the Supreme Court of India has observed that referring to someone as “Miyan-Tiyan” or “Pakistani” may indeed reflect poor taste, but does not amount to an offence of hurting religious sentiments. This decision came from a bench comprising Justices BV Nagarathna and Satish Chandra Sharma, as they closed a case involving a government servant who had been called “Pakistani.”
The Background
The case arose when an FIR was filed by an Urdu translator and acting RTI clerk at the sub-divisional office in Chas, Jharkhand. The court noted that while the appellant’s comments were in poor taste, they did not constitute a violation of Section 298 of the Indian Penal Code (IPC), which deals with words or gestures meant to wound religious sentiments.
Details of the Case
The appellant, Hari Nandan Singh, had sought information under the RTI Act from the additional collector-cum-first appellate authority in Bokaro. Despite receiving the requested information, he later made false allegations regarding document tampering, leading to the case.
What This Means for Freedom of Expression
This ruling highlights the balance between free speech and the need to respect religious sentiments. It raises important questions about the limits of public discourse while underscoring the importance of context and intent in such cases.
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