Sanatana Dharma Hate Speech: 4th Plea In Supreme Court Seeking Action Against Udhayanidhi Stalin

A new application has been filed before the Supreme Court seeking action against Udaynidhi Stalin for his remarks calling for the eradication of Sanatana Dharma and likening it to diseases like Dengue, Malaria, and Covid. The latest application has been filed in the pending writ petition that was filed by Advocate Ashwini Kumar Upadhyay in relation to hate speech.

The new application is the fourth plea before the Supreme Court seeking action against DMK leader Udaynidhi Stalin. Previously, Advocate Vineet Jindal had filed an interlocutory application seeking the registration of an FIR against Stalin. Following this, a fresh writ petition against the "Sanatana Dharma Eradication Conference" held in Tamil Nadu earlier this month was mentioned before the Bench led by Chief Justice of India D.Y. Chandrachud for urgent listing.

Additionally, another interlocutory application was filed against the Directors General of Police of the States of Kerala and Tamil Nadu, alleging that they have failed to take lawful action against AN Shamseer, the Speaker of the Kerala State Legislative Assembly, and Udaynidhi Stalin.

The current Interlocutory Application, filed by Himanshu Kumar, an Advocate and resident of Budaun, U.P., through Advocate-on-Record Dhawal Uniyal seeks a directive against Stalin to refrain from making any further remarks on such religious matters. The IA also refers to the order passed by the Madras High Court describing Sanathana Dharma as a collection of 'eternal duties'.

"That the remarks submitted by the Junior of the M K Stalin were very obnoxious, frivolous, vexatious and troublesome", reads the IA. The applicant has also stated that the remarks made by Stalin are against the Constitution of India. 

The Apex Court had in the Hate Speech matter Shaheen Abdulla v. Union Of India & Ors WP. C. No. 940/2022 directed all Police heads to ensure that immediate action is taken, without the need for a formal complaint, whenever any speech or action qualifies as an offence under Sections 153A and 506 of the Indian Penal Code (IPC), and to proceed against the offenders as per the law.

While the Writ Petition against the "Sanatana Dharma Eradication Conference" is expected to be scheduled for listing on September 22, 2023, the Hate Speech matter is likely to be taken up in the month of November.

Tamil Nadu, Minister Udhayanidhi Stalin had allegedly called for the eradication of Sanatan Dharma and compared it to mosquitoes, dengue, corona, and malaria while the DMK leader and Lok Sabha MP from the State A Raja had allegedly stated that, "Udhayanidhi Stalin was soft in comparing and claiming that it should be eradicated like malaria and dengue.But these diseases don't have a social stigma. To be honest, leprosy was seen as disgusting and so was HIV. So, we need to see this as a disease ridden with social plights like HIV and leprosy".

Similarly, Kerala Assembly Speaker AN Shamsheer had made an allegedly anti-Hindu remark. He had stated that Lord Ganesha was a myth and that this belief lacked scientific basis. Additionally, he allegedly commented that Hindutva was attempting to promote myths, including the notion that the first plastic surgery was performed on the deity Ganesha, who is depicted with an elephant's face and a human body.