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In a major development, the Supreme Court of India on Monday refused to entertain three writ petitions seeking criminal action against Tamil Nadu Deputy Chief Minister Udhayanidhi Stalin over his controversial comments on ‘Sanatana Dharma’. The petitions were filed following Stalin’s speech in September 2023, where he stated that ‘Sanatana Dharma’ was a social injustice that should be eradicated, likening it to diseases like malaria and dengue.
The bench, comprising Justice Bela M Trivedi and Justice Prasanna B Varale, questioned the maintainability of the writ petitions under Article 32 of the Constitution. The Court observed that such petitions could not be entertained and allowed the petitioners the liberty to seek alternative remedies under the law. As a result, the petitions were dismissed as withdrawn.
The controversy erupted when Stalin, son of Tamil Nadu Chief Minister MK Stalin, made the remarks at a conference in Chennai. His comments sparked outrage among sections of the Hindu community, leading to calls for legal action against him. The petitioners, including B Jagannath, Vineet Jindal, and the Sanatan Suraksha Parishad, had argued that Stalin’s remarks amounted to hate speech and hurt their religious sentiments. They contended that his comments violated the freedom of religion guaranteed by the Constitution.
Udhayanidhi’s Response
In response, Udhayanidhi Stalin’s legal team defended the comments, stating that they were made in the context of caste discrimination and untouchability, particularly prevalent in Tamil Nadu and other southern states. They emphasized that the remarks were not intended to offend Hindu religious sentiments but were a critique of the social inequalities associated with ‘Sanatana Dharma.’
The Supreme Court had earlier issued a notice on the petitions in 2023, and the legal proceedings related to this case are still ongoing. Udhayanidhi Stalin had also filed a petition seeking the consolidation of multiple criminal complaints filed against him in different parts of the country, which is still pending before the Court.
This decision by the Supreme Court has given temporary relief to Udhayanidhi Stalin, but the controversy surrounding his remarks is likely to continue, with the petitioners now exploring other legal avenues.
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