Crime Today News
The term “Pakistani” is often used as a communal slur to target Muslims in India.
However, is it illegal?
In February, the Supreme Court ruled that calling someone “Pakistani” in private may be in poor taste but does not amount to the offence of hurting religious sentiments.
However, on March 7, a Delhi court held that Bharatiya Janata Party leader Kapil Mishra’s statements referring to people protesting against the Citizenship (Amendment) Act as “Pakistanis” “appear[ed] to be a brazen attempt to promote enmity on the grounds of religion”.
A real hurt
Legal experts argue that calling an Indian Muslim a “Pakistani” carries significant implications.
“It is a way of saying that Muslims don’t belong in India. The implication, therefore, is not only that you’re a traitor who does not have the interest of India at heart, but that you can never be Indian,” said Prateek Chadha, a Delhi-based Advocate on Record at the Supreme Court.
This suggests that the slur could indeed be considered an offence under Indian law.
“Given the geopolitical history of tension between Indian and Pakistani national identities, calling Indian Muslims ‘Pakistani’ could be seen as suggesting they do not ‘bear true faith and allegiance to the Constitution of India as by law established or uphold the sovereignty and integrity of India’,” explained Sumit Baudh, a professor and executive director at the Centre on Public Law and Jurisprudence at OP Jindal Global University.
Despite being a widespread slur, there have been no convictions for using it against Indian Muslims. In 2022, a Muslim government official from Jharkhand filed a case after being called a “Pakistani,”but the Supreme Court dismissed his complaint, and ruled that while it may be in poor taste, the word Pakistani does not amount to hurting religious sentiments.
So, what is the solution?
Experts suggest that a strong cultural, political, and social response is necessary to address the issue.
“Because such prejudice about national loyalty and belonging builds up slowly, over time, you can’t throw somebody in jail for simply calling somebody else a ‘Pakistani’,” said Shah Rukh Alam, a Delhi-based lawyer. “This is not a law and order problem alone but that of an individual or group being targeted or discriminated against. It must not be treated as a criminal law problem, but as a constitutional problem,” she added.
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