'Free speech should not be hate speech': What Madras High Court said on Sanatana Dharma

Amid the ongoing debate over Sanatana Dharma following DMK minister Udhayanidhi Stalin's comments, the Madras High Court has issued significant remarks. The court said that Sanatana Dharma is a set of eternal duties, including duty to the nation, to the King, to one's parents and gurus, and care for the poor, among others, as per an India Today report.

DMK leader Udhayanidhi Stalin recently caused a storm as he alleged that Sanatana Dharma is against social justice and that it should be eradicated. Likening Sanatan Dharma to coronavirus, malaria and fever caused by dengue virus and mosquitoes, Udhayanidhi Stalin -- the son of Tamil Nadu Chief Minister MK Stalin -- said such things should not be opposed but destroyed.

Justice N Seshasayee, who was hearing a petition filed by one Elangovan, challenging a circular issued by a local government Arts College asking students to share their thoughts on the topic 'Opposition to Sanathana', expressed concern over the vociferous and at times noisy debates surrounding Sanatana Dharma, the India Today report said.

He noted that an idea seems to have gained ground that Sanatana Dharma is solely about promoting casteism and untouchability, a notion he firmly rejected.

As per him, untouchability in a country of equal citizens cannot be tolerated. "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."

He further noted that while free speech is a fundamental right, it should not devolve into hate speech, particularly when it pertains to matters of religion. He underscored the need for ensuring that no one is injured by such a speech.

He said that every religion is founded on faith, and faith by nature accommodates irrationality. "Therefore, when free speech is exercised in matters pertaining to religion, it is necessary for one to ensure that no one is injured. In other words, free speech cannot be hate speech," he said.

Union minister and BJP leader Jyotiraditya Scindia on Friday asserted Sanatana Dharma is the foundation of India and those talking about its eradication will be themselves "destroyed" by the "140 crore people of the country".

He questioned the "silence" of Indian National Development Inclusive Alliance (INDIA) parties over critical statements made on Sanatana Dharma by leaders of one of its key constituents, the DMK, and claimed the opposition bloc is riddled with internal contradictions.

Union Minister Anurag Thakur has also hit out at the opposition INDIA bloc accusing it of opening a "mega mall of hatred" under the garb of 'Mohabbat ki dukan' (shop of love).

(With inputs from Nalini Sharma, Shilpa Nair)

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