The Madras High Court on the Sanatana Dharma controversy: "Free speech should not be hate speech"


The Madras High Court has issued noteworthy observations amidst the ongoing discourse surrounding Sanatana Dharma. The court underscored that Sanatana Dharma encompasses a collection of timeless duties, encompassing obligations to one's nation, ruler, parents, mentors, and the welfare of the underprivileged, among other responsibilities.

Justice N Seshasayee, presiding over a petition lodged by Elangovan, challenging a circular from a local government Arts College that instructed students to share their perspectives on 'Opposition to Sanathana,' expressed apprehension about the fervent and sometimes raucous debates surrounding Sanatana Dharma. He highlighted that a prevailing notion suggests that Sanatana Dharma primarily promotes casteism and untouchability, a notion he unequivocally refuted.

"Untouchability, in a nation where all citizens are equal, cannot be tolerated," Justice Seshasayee affirmed. "Even if it is argued to be sanctioned within the tenets of 'Sanatana Dharma,' it cannot find acceptance, as Article 17 of the Constitution has abolished untouchability."

The judge further underscored that while free speech constitutes a fundamental right, it must not degenerate into hate speech, particularly concerning religious matters. He emphasized the imperative of safeguarding individuals from harm arising from such expressions.

"Every religion is grounded in faith, and faith, by its very nature, accommodates elements of irrationality," he remarked. "Hence, when exercising free speech in religious matters, it becomes imperative to ensure that no one is harmed. In other words, free speech cannot be transformed into hate speech."

These observations from the court emerge in response to recent comments made by Tamil Nadu Minister Udhayanidhi Stalin concerning Sanatana Dharma. The minister faced substantial backlash and ignited a political controversy when he likened Sanatana Dharma to ailments such as "dengue and malaria."


 

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