Udhayanidhi Stalin’s Sanatana Dharma Remarks Amount to Hate Speech: Madras High Court

In a significant judicial observation that deepens the controversy surrounding Tamil Nadu Deputy Chief Minister Udhayanidhi Stalin, the Madras High Court has stated that his 2023 remarks on Sanatana Dharma amounted to hate speech and constituted a clear attack on Hinduism.

The observations were made by the Madurai Bench of the High Court while examining a petition linked to reactions against the minister’s controversial speech. In its strongly worded remarks, the court noted that the comments made by Udhayanidhi Stalin went beyond political criticism and entered the domain of hate speech, with serious implications for social harmony.

The court observed that ideological attacks on Hinduism by Dravidian political movements have persisted for nearly a century and highlighted that the minister belongs to the same ideological tradition. It further expressed concern that individuals who initiate hate speech often evade legal consequences, while those who respond or react to such statements face action under the law.

The bench remarked that despite the gravity of the comments, no criminal case has been registered against Udhayanidhi Stalin in Tamil Nadu for his remarks, even though legal complaints were reportedly filed in other states. This selective enforcement, the court noted, raises questions about equality before the law and the consistent application of legal standards in matters involving hate speech.

The controversy traces back to September 2023, when Udhayanidhi Stalin made remarks at a public event comparing Sanatana Dharma to diseases such as dengue, malaria, and coronavirus, stating that such elements should not be opposed but eradicated. He further claimed that Sanatana Dharma was fundamentally against social justice and equality, alleging that it perpetuated caste and religious discrimination.

These remarks sparked nationwide outrage, with critics arguing that the language used amounted to an indirect call for the elimination of those who follow Sanatana Dharma. While the minister later rejected allegations that he was advocating violence or genocide, the High Court observed that the wording of his speech carried far more serious implications.

In its detailed observations, the court stated that if a group of people following Sanatana Dharma is described as something that should be eradicated, the appropriate legal and moral interpretation would be genocide or culturicide. The bench explained that such language could imply the destruction of a religious group through multiple means, including cultural and ideological erasure.

The court clarified that questioning or criticising such remarks does not amount to hate speech, particularly when the original statement itself carries violent or exclusionary connotations. It emphasised that the Tamil phrase used in the speech directly suggested the elimination of Sanatana Dharma and, by extension, its followers.

Despite the judicial setback, Udhayanidhi Stalin has continued to defend his 2023 remarks, stating that he stands by his position while reiterating that he did not intend to call for violence against any community.

The High Court’s observations come at a politically sensitive time, as Tamil Nadu prepares for Assembly elections expected before May this year. The ruling has added legal and political pressure on the ruling dispensation, while reigniting a broader national debate on free speech, religious sensitivity, and the limits of political expression in a diverse democracy.