Abolish Sanatan Dharma’ can imply cultural elimination: HC
The Madras High Court on Tuesday quashed the criminal case filed against BJP IT cell head Amit Malviya over his social media post criticising Tamil Nadu Deputy Chief Minister Udhayanidhi Stalin’s remarks on Sanatan Dharma, making strong observations that the minister’s speech itself amounted to hate speech.
Allowing Malviya’s petition, Justice S Srimathy ruled that describing Udhayanidhi’s 2023 remarks as a “call for genocide” did not constitute any criminal offence. The court held that Malviya, as a follower of Sanatan Dharma, could reasonably perceive himself as a victim of the minister’s speech.
The case had been registered by Tiruchy police following a complaint from a DMK-affiliated advocate, invoking multiple IPC provisions related to promoting enmity and public mischief.
‘Law moved against responders, not speaker’: Court
The court expressed concern that legal action was initiated only against those who reacted to the speech, not against the individual who made the original remarks.
“When hate speech is uttered by a minister, opposing it cannot be treated as a criminal act,” Justice Srimathy observed, adding that Malviya neither incited violence nor called for agitation.
The judge also referred to historical arguments presented by Malviya’s counsel regarding ideological opposition to Hinduism by the Dravida Kazhagam and later the DMK, noting that the post questioned the substance of the minister’s remarks rather than promoting hatred.
‘Abolish Sanatan Dharma’ implies elimination, says court
The court closely examined the Tamil term ‘Ozhippu’ used repeatedly in Udhayanidhi’s speech, which translates to “abolish”.
“If Sanatana Dharma is to be abolished, it implies that those who follow it should not exist,” the court observed, adding that the phrase ‘Sanatana Ozhippu’ could be interpreted as advocating cultural elimination or genocide.
Earlier order also termed remarks as hate speech
The judge cited a March 2024 Madras High Court order in a separate case that had similarly categorised Udhayanidhi Stalin’s comments as hate speech.
Background of the controversy
Udhayanidhi Stalin triggered nationwide outrage in September 2023 when he compared Sanatan Dharma to diseases such as dengue, malaria and COVID-19, stating that such things should be “eradicated” rather than opposed.
The minister had argued that Sanatan Dharma perpetuates caste-based discrimination and social inequality, remarks that sparked widespread political and legal backlash across the country.
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