Video: Is calling an Indian Muslim ‘Pakistani’ a criminal offence?

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...

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