Sanathana Dharama Is Set Of Eternal Duties Which Relates To Hinduism Or Hindu Way Of Life, Free Speech Cannot Be Hate Speech: Madras High Court
Describing Sanathana Dharma as a collection of 'eternal duties', the Madras High Court has disposed of a Writ Petition challenging a circular issued by Thiru.Vi.Ka.Government Arts College in Thiruvarur, prompted by a sitting MLA, requesting the female students to express their opinions on the subject of 'Opposition to Sanadhana.' The High Court emphasized that when exercising freedom of speech in matters related to religion, it is imperative to ensure that no one is harmed.
The Single Bench of Justice N. Seshasayee in its order stated, "Court is conscious to the very vociferous, and at time noisy debates on pro and anti Sanathana Dharma. It has also broadly understood Sanathana 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."
Senior Advocate G.Karthikeyan appeared for the Petitioner, one Elangovan while Special Government Pleader C.Kathiravan appeared for the Respondents.
The High Court emphasized the encompassing nature of Sanathana Dharma, which includes duties to the nation, responsibilities towards the King, the King's obligations to his people, duties to one's parents and Gurus, as well as caring for the less fortunate, among many other duties. The Court asked in the order whether all these essential duties are to be undermined.
"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", read the Order.
The Petitioner had submitted to the Court that the event in the colleges was being organized on the occasion of commemoration of the birthday of the former Chief Minister and founder of the D.M.K party, late C.N. Annadurai and the conduct of the MLA was in gross breach of his Constitutional duties as a citizen of this country under Article 51A of the Constitution, more particularly, Articles 51A (c), (e) and (f) of the Constitution.
The Petitioner submitted that such an event aims to affect the unity of the country, social harmony and spirit of brotherhood amongst the people of India, and the duty to value and preserve the rich heritage of our composite culture. While on the other hand, the Respondents submitted that the circular impugned in this case has been withdrawn.
The High Court observed that since the Circular has been withdrawn, there is nothing left to address. Nevertheless, the Court stated that while the right to free speech is inherent and cannot be taken away, it is equally crucial to highlight the significance of being well-informed, as it enhances the value of one's speech.
The Judge also stated that it should not be forgotten that the Constitutional framers have very consciously not made the right to free speech an absolute right and they have restricted it with Article 19(2). The Court also highlighted that this apart, Article 25 has granted all citizens the fundamental right inter alia to practice any religion.
"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, 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", read the Order.
In conclusion, the Court disposed of the Petition and encouraged the College to request students to contemplate the issue of untouchability and how, as citizens of this country, they can actively contribute to its eradication.
Recently, 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.
Earlier, an interlocutory application was filed before the Apex Court seeking registration of FIR against Stalin and Member of Parliament from DMK and former Union Minister A. Raja who had made similar remarks as Stalin. An FIR has already been registered in Rampur, Uttar Pradesh against Udhayanidhi Stalin and Priyank Kharge, the son of Congress president Mallikarjun Kharge for their alleged hate speech against Sanatan Dharma.
Prior to that, a letter was addressed to Chief Justice D.Y. Chandrachud by a group of concerned individuals including the retired Judges of several High Courts and bureaucrats seeking judicial intervention of the Apex Court in the matter of hate speech made by Udhayanidhi Stalin. Various others across the country have approached authorities seeking FIR against Stalin.
Cause Title: Elangovan v. The Secretary, Home Department & Ors. [W.P.No.27398 of 2023]
