’Free speech should not be hate speech’: Madras High Court on Sanatana Dharma row

Mangalore Today News Network

Chennai, Sep 16, 2023: The Madras High Court has issued significant remarks amidst the ongoing debate over Sanatana Dharma. The court emphasized 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.

 

Justice N Seshasayee, who presided over the case, expressed concern over the vociferous and at times noisy debates surrounding Sanatana Dharma. 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.

"Untouchability in a country of equal citizens cannot be tolerated," Justice Seshasayee stated. "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."

The judge further stressed 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 speech.

"Every religion is founded on faith, and faith by nature accommodates irrationality," he said. "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."

The court’s remarks come in the wake of recent comments made by Tamil Nadu Minister Udhayanidhi Stalin against Sanatana Dharma. The minister faced massive backlash and set off a political firestorm by likening Sanatana Dharma to diseases like "dengue and malaria".

Courtesy: India Today