In a major legal blow to Tamil Nadu Deputy Chief Minister Udhayanidhi Stalin, the Madras High Court on Wednesday characterised his 2023 remarks on Sanatana Dharma as "hate speech," suggesting the comments essentially implied a call for genocide.
The Madurai Bench didn’t hold back, tracing the minister’s rhetoric to what it described as a century-long "attack on Hinduism" by the Dravida Munnetra Kazhagam. The court expressed visible frustration over the fact that while those who react to such inflammatory statements often find themselves in legal trouble, the people who actually "initiate" the hate speech frequently walk away without consequences. Interestingly, the bench noted that while cases were filed against the minister in other states, no such action was taken within Tamil Nadu itself.
The controversy began in September of last year when Udhayanidhi said, "We should not only react strongly now but eradicate the likes of Sanatana Dharma for the cause of social justice. We should eradicate dengue, mosquitoes, and malaria too." Although the minister made it clear he did not mean violence against any individual, the High Court found fault with his use of words in this case too. “The word ‘Sanathana Ozhippu’, if it is with reference to the existence of the community, is no less than ‘genocide’ or ‘culturicide’,” the court said.
"If a community of people adhering to the principles of ‘Sanatana Dharma’ does not have a right to exist, then the term ‘genocide’ will be appropriate," observed the court, stating that in their case, the one guilty of hate speech and abuse was ‘actually the petitioner himself, when he posted comments castigating the Minister and those in his administration.'
Simultaneously, the Madurai Bench of the Madras High Court has quashed an FIR registered against BJP leader Amit Malviya for allegedly distorting the comments made by Deputy Chief Minister Udhayanidhi Stalin on 'Sanatana Dharma'.
Justice S Srimathy said the comments of Udhayanidhi were tantamount to hate speech and held that questioning it was a reaction. In her judgment, she said, "By overall consideration, the speech of the minister would clearly indicate it is totally against 80 per cent Hindus, which comes within the mischief of hate speech." Further the judgement said: "This court with pain, records the prevailing situation that the person who initiates the hate speech are let scot-free, but the persons who reacted for the hate speech are facing the wrath of the law. The courts are also questioning the persons who reacted, but are not putting the law in motion against the person who initiated the hate speech. In the present case, no case has been filed against the minister for his hate speech in the State, but some cases have been filed in other States".
This ruling arrives at a particularly sensitive time. Despite the Supreme Court refusing to take up criminal petitions against him earlier this month, this fresh observation from the Madras High Court gives the opposition significant ammunition just as Tamil Nadu enters the final stretch before the May Assembly elections. For Udhayanidhi, who has stood firmly by his comments for over two years, this legal "hate speech" tag is a serious hurdle for both his image and the DMK's campaign.
Also read: Discontent brewing in Tamil Nadu under DMK: Nitin Nabin
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