Chennai (Tamil Nadu):

Amid the debate and political row over DMK minister Udhayanidhi Stalin’s comments, the Madras High Court has said that Sanatana Dharma is a set of ‘eternal duties’ which can be gathered from multiple sources relating to Hinduism or those practising the Hindu way of life, and includes “the duty to the nation, duty to the King, King’s duty to his people, duty to one’s parents and Gurus, care for the poor, and whole lot of other duties”.

Justice N Seshasayee said in his order on September 15 that the court is conscious of “the very vociferous, and at time noisy debates on pro and anti Sanatana Dharma” and the court could not help pondering over with genuine concern for what is going around.

The court also said that when free speech is exercised in matters pertaining to religion, it is necessary for one to ensure that no one is injured and “free speech cannot be hate speech”.

“Somewhere, an idea appears to have gained ground that Sanatana Dharma is all about, and only about, promoting casteism and untouchability. Untouchability in a country of equal citizens cannot be tolerated, and 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. It is part of the fundamental right,” the court said.

“And, under Art. 51A(a), it is the fundamental duty of every citizen to, ‘abide by the Constitution and respect its ideals and institutions..’.  Therefore, untouchability, either within or outside Sanatana Dharma can no longer be Constitutional, though sadly it still exits,” it added.

The court referred to the arguments on behalf of the petitioner Elangovan and said he had submitted with considerable force that nowhere Sanatana Dharma either approves or promotes untouchability, and it only insists the practitioners of Hinduism to treat all equally.

“As religious practices move with time, some bad or evil practices may un-noticingly creep into it. They are the weeds required to be removed. But why should the crop be chopped?’ – This, in short the essence of the submissions of the learned counsel,” the court noted.  

The court was hearing a petition challenging a circular issued by a local government college asking girl students to share their thoughts on the topic ‘Opposition to Sanatana’ on the birth anniversary of former Tamil Nadu Chief Minister and DMK founder CN Annadurai.

The court disposed of the plea after noting that the circular had already been withdrawn by the college.

“This Court is conscious to the very vociferous, and at time noisy debates on pro and anti Sanatana Dharma. It has also broadly understood Sanatana Dharama as a set of ‘eternal duties’, and that it cannot be traced to one specific literature, but has to be gathered from multiple sources which, either relate to Hinduism, or which those who practice the Hindu way of life, have come to accept,” the court said.

“It includes the duty to the nation, duty to the King, King’s duty to his people, duty to one’s parents and Gurus, care for the poor, and a whole lot of other duties. If the topic chosen by the impugned circular is now tested on the plane of these duties, it would then mean that all these duties are liable to be destroyed. Should not a citizen love his country? Is he not under a duty to serve his nation? Should not the parents be cared? With genuine concern for what is going round, this Court could not help pondering over it,” the order said.

The court said it is conscious that every citizen has a fundamental right to free speech under Article 19(1)(a) of the Constitution.

“While right to free speech is inalienable, it is also important to underscore that one is adequately informed, as it adds value to what is spoken. It should not be forgotten that the Constitutional framers have very consciously not made right to free speech as an absolute right. They have restricted it with Article 19(2),” the order said.

It said Article 25 has granted all citizens the fundamental right to practice any religion.

“Every religion is founded on faith, and faith by nature accommodates irrationality. Therefore, when free speech is exercised in matters pertaining to religion, it is necessary for one to ensure that no one is injured,” the court said.

“In other words, free speech cannot be hate speech, as the Hon’ble Supreme Court has cautioned. The users of free speech must not ignore to factor these aspects while exercising their right. If this is ignored, the course of any debate will get derailed, and the objective behind it will lose significance,” it added.

The court said it would be appreciable, if free speech encourages dispassionate, and healthy public debates, and helps society to move forward.

“How free speech is seen exercised these days? If the free speech made through the social media is taken as a basis, anyone who has little to do with science, or rocket, or space, will be lecturing on rocket science. While this is also accommodated within the right to free speech, yet it may be helpful to gain some attention, and may not take it beyond.”

“It would be appreciable, if free speech encourages dispassionate, and healthy public debates, and help the society to move forward, along the lines which the Constitution envisages. At the end of the day, every citizen traces his existence to the Constitution, and hence it is his duty to abide by its values, its ethos, and to hold an uncompromising abidance to its spirits. This should not be forgotten. Hope it prevails,” the order said.

(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)

New Delhi:

AAP leader Raghav Chadha on Tuesday condemned DMK leader Udayanidhi Stalin’s remark on Sanatana Dharma but said statements made by some “small” leader from any party cannot be considered the official stand of the INDIA bloc.

“I am from Sanatana Dharma. I condemn and oppose such statements. Such kind of statements should not be made. One should stay away from making such remarks on any religion. We should respect all religions,” Mr Chadha told PTI In an interview.

The BJP has been attacking the INDIA alliance over the issue. On Tuesday, the BJP accused the INDIA bloc of having a hidden agenda to target Sanatana Dharma for vote-bank politics.

“Some leader from some party makes such remarks… it doesn’t mean it is the statement of the alliance. The alliance has been formed for raising big issues like price rise, unemployment facing the country. The statement made by some small leader, while standing in a district in a state, is not the official stand of the alliance,” Mr Chadha asserted.

Over two dozen Opposition parties have formed the Indian National Developmental Inclusive Alliance (INDIA) to take on the BJP-led National Democratic Alliance unitedly in the 2024 Lok Sabha polls.

Mr Chadha is a member of the 14-member coordination committee, which is the top decision-making body of the INDIA bloc. A meeting of the committee will be held at the residence of Nationalist Congress Party (NCP) chief Sharad Pawar in Delhi on Wednesday.

“The meeting will see a discussion on the issues that we will raise, how will we reach out to people on them, through rallies or door-to-door campaign, public rally, along with dynamics in states. All states are different and that is how we celebrate our diversity. Electoral colour is different. We will discuss it statewise,” he said.

“Every political party will have to sacrifice three things to make this alliance successful — ambition (mahatvakanksha), difference of opinion (matbhed) and manbhed,” he added.

When asked about the names for the prime ministerial probables of the opposition alliance, he said the first thing is that the AAP not in the race.

“We are a loyal soldier in this alliance. We are not in the race to become PM. We have many able administrators in our alliance. We have many competent people. But can someone in NDA stand up and say they want Nitin Gadkari become PM or Amit Shah to become the prime minister? I just want to prove here that we have many able administrators. They don’t have anyone. They can only take the name of one leader,” he said.

Questioned further, he said, “The alliance will take a decision (on a prime ministerial name). Even the alliance formed in 1977 did not have a declared PM face, yet they won the elections against Indira Gandhi. I see a repeat of that happening.” 

DMK leader Udhayanidhi Stalin recently blamed Sanatana Dharma for promoting division and discrimination among people, and called for its eradication.

Another DMK leader A Raja likened the Sanatan Dharma to diseases like leprosy and HIV, which have social stigma attached to them.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

New Delhi:

Keeping the heat on the opposition over Udhayanidhi Stalin’s ‘Sanatan Dharma’ remark, the BJP on Tuesday likened the DMK leader’s controversial comments to Hitler’s characterisation of Jews.

“Uday Stalin’s meditated comment is unadulterated hate speech and a call for genocide of 80 per cent population of Bharat, who follow Sanatan Dharma. Congress and I.N.D.I Alliance support for Stalin’s bile is most disconcerting,” the BJP posted on X.

There is eerie similarity between how Hitler characterised the Jews and Udhayanidhi Stalin described Sanatan Dharma. Like Hitler, Stalin Jr also demanded, that Sanatan Dharma be eradicated… We know how Nazi hate culminated in Holocaust, killing approx 6 million European Jews and… pic.twitter.com/bu1MNWGq6Z

— BJP (@BJP4India) September 5, 2023

The party alleged that there is an eerie similarity between how Hitler characterised the Jews and how Udhayanidhi Stalin described Sanatan Dharma.

“Like Hitler, Stalin Jr also demanded, that Sanatan Dharma be eradicated… We know how Nazi hate culminated in Holocaust, killing approx 6 million European Jews and at least another 5 million Soviet prisoners of war and other victims,” it said.

In his address at a meeting of the Tamil Nadu Progressive Writers and Artists Association in Chennai last week, the DMK leader likened Sanatan Dharma to coronavirus, malaria and dengue and said such things should not be opposed but destroyed.

He, however, claimed later that he had not called for violence against the followers of Sanatan Dharma.

“Sanatan Dharma is a principle that divides people in the name of caste and religion. Uprooting Sanatan Dharma is upholding humanity and human equality,” he alleged while reiterating his remarks against Sanatan Dharma, a term used by many Hindus to describe their religion.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)