'Free speech cannot be hate speech', Madras High Court issues remarks over Sanatana Dharma row

The Madras High Court issued consequential remarks over the Sanatana Dharma controversy. The court underscored that Sanatana Dharma is a set of 'eternal duties' which can be gathered from multiple sources relating to Hinduism or the ones practising the Hindu way of life and includes “the duty to the nation, duty to the King, King's duty to his people, duty to one's parents and Gurus, care for the poor, and whole lot of other duties”.

In his order on Friday (September 15), Justice N. Seshasayee said that the court is aware of “the very vociferous, and at times noisy debates on pro- and anti-Sanatana Dharma” and the court could not help considering the genuine concern for what is going around.

It further asserted that when free speech is exerted in matters pertaining to religion, it is extremely important for one to make sure that no one is hurt and “free speech cannot be hate speech”.

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“Somewhere, an idea appears to have gained ground that Sanatana Dharma is all about, and only about, promoting casteism and untouchability. Untouchability in a country of equal citizens, cannot be tolerated, and even if it is seen as permitted somewhere within the principles of 'Sanatana Dharma', it still cannot have a space to stay, since Article 17 of the Constitution has declared that untouchability has been abolished. It is part of the fundamental right,” the court said.

“And, under Art. 51A(a), it is the fundamental duty of every citizen to, ‘abide by the Constitution and respect its ideals and institutions..’. Therefore, untouchability, either within or outside Sanatana Dharma can no longer be Constitutional, though sadly it still exists,” it added.

The remarks by the court were made in the wake of recent comments made by DMK leader Udhayanidhi Stalin that triggered a massive backlash.

The son of the Tamil Nadu chief minister M K Stalin had sparked a row earlier this month by saying that Sanatan Dharma is against social justice and that it must be "eradicated".

He then compared it with diseases like dengue and malaria, inviting sharp criticism.

"Few things cannot be opposed; they should only be abolished. We can't oppose dengue, mosquitoes, malaria, or coronavirus, we have to eradicate them. In the same way, we have to eradicate Sanatana (Sanatan Dharma). Rather than merely opposing Sanatana, it should be eradicated," Stalin had said.

(With inputs from agencies)

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