'Udhayanidhi Stalin's Sanatana Dharma remarks are hate speech: Madras court
What's the story
The Madurai Bench of the Madras High Court on Tuesday quashed a First Information Report (FIR) against Bharatiya Janata Party (BJP) IT cell head Amit Malviya. The FIR was filed after Malviya described Udhayanidhi Stalin's remarks on Sanatana Dharma in 2023 as a call for genocide. Justice S Srimathy observed that Stalin's comments were directed at Hindus following Sanatana Dharma, adding there has been a century-long attack on Hinduism by Dravida Kazhagam and Dravida Munnetra Kazhagam.
Judge
'Minister's remarks amount to hate speech'
"It is evident that there has been a clear attack on Hinduism by the Dravida Kazhagam and, subsequently, by the Dravida Munnetra Kazhagam for the past 100 years, to which the Minister belongs. While considering the overall circumstances, it is seen that the petitioner had questioned the hidden meaning of the minister's speech," the high court observed. "The minister's remarks amount to hate speech," Justice Srimathy added.
Legal proceedings
Court criticizes lack of action against hate speech initiators
Justice Srimathy also criticized the legal system for not acting against those who initiate hate speech. She said, "The courts are questioning the persons who reacted, but are not putting the law on 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 TN, but some cases are filed in other states," she said.
Court's stance
Judge clarifies opposition to hate speech isn't a crime
The judge also slammed the police inspector for a politically colored statement in the counter affidavit. The judge said, "The above would clearly indicate the counter has political color, but unfortunately it is filed by the investigating officer. The officials ought to be apolitical and taking sides with a political party is reprimandable." Malviya was booked under various sections of the Indian Penal Code on a complaint by KAV Thinakaran, who alleged Malviya misrepresented Stalin's speech to create division.
Case
What Stalin said
Stalin had triggered a nationwide controversy with his remarks on Sanatana Dharma in September 2023. Speaking at a public event, he said, "Few things cannot be opposed, they should be abolished. We can't oppose dengue, mosquitoes, malaria, or corona; we have to eradicate them. In the same way, we have to eradicate Sanatana, rather than opposing it."