Is calling an Indian Muslim a ‘Pakistani’ a crime in law?

Is calling an Indian Muslim a “Pakistani” against the law?

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”.

Promoting enmity on grounds of religion is an offence under Section 196 of the Bharatiya Nyaya Sanhita, which in 2024 replaced Section 153A of the Indian Penal Code.

That very same day, BJP MLA Gopal Sharma repeatedly referred to Congress chief whip Rafeek Khan as a “Pakistani” in the Rajasthan Assembly, leading to an uproar in the House.

Legal experts Scroll spoke to explained that context is key to determine whether using “Pakistani” as a slur is against the law. When the word is used in public to invoke violence, then it is covered under the laws on hate speech. However, it would be unreasonable to expect criminal law to govern the use of the slur in private speech.

Some also cited the need for a broader anti-discrimination law to outlaw the slur.

Go-to slur

Indian politicians have long used the word “Pakistan” to attack...

Read more