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Sanatan Dharma Row: 'Free Speech Should Not Devolve Into Hate Speech', Says Madras High Court

According to Justice N Seshasayee, amid the ongoing turmoil over the controversial Sanatan Dharma issue, an idea seems to have gained ground that Sanatana Dharma is solely about promoting casteism and untouchability, a narrative which he strongly rejected.

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Madras High Court
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Amid the intensifying political debate over Tamil Nadu chief minister MK Stalin's son Udayanhidhi Stalin's controversial 'Sanatan Dharma' comment, the Madras High Court on Saturday issued significant remarks. Today, the high court stated that the concept of 'Sanatan Dharma' encapsulates 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.

The comments came from Justice N Seshasayee, who was hearing a petition filed by one Elangovan, challenging a circular issued by a local government Arts College. The college reportedly asking students to share their thoughts on the topic 'Opposition to Sanathana'. 

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According to the Justice, amid the ongoing turmoil over the Sanatan Dharma issue, an idea seems to have gained ground that Sanatana Dharma is solely about promoting casteism and untouchability. Thism particular notion is strongly rejected by him.

What did the Madras HC say?

"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."

On Saturday, the judge also emphasized on the fact that while free speech is a fundamental right, it should not devolve into hate speech, particularly in the sensitive matters like religion. He underscored the need for ensuring that no one is injured by such a speech.

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"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".

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