The Madras High Court on Thursday, March 6, rebuked State Minister Udhayanidhi Stalin for his divisive comments on Sanatana Dharma, stating that such remarks are against constitutional principles and should not have been made, according to a report in Bar and Bench. Justice Anita Sumanth expressed concern over unverified claims, emphasising that spreading misinformation about Sanatana Dharma is unacceptable, it said.
"Those holding constitutional positions can propound only one principle. And that is the principle of constitutionalism. Making unverified claims on Sanatana Dharma tantamounts to spreading misinformation," the Court said.
The criticism came in response to Udhayanidhi Stalin's remarks made during a conference organised by the Tamil Nadu Progressive Writers Artists Association in Chennai on September 2, 2023.
At the event, Stalin called for the eradication of Sanatana Dharma, comparing it to the need to eliminate diseases like dengue, mosquitoes, malaria, or coronavirus, the report added.
“Just like dengue, mosquitoes, malaria, or coronavirus need to be eradicated, we have to eradicate Sanatana,” he had said.
The comments sparked widespread outrage and led to a petition filed by the Hindu Munnani against Stalin, State minister PK Sekarbabu, and Member of Parliament A Raja.
While Justice Anita Sumanth acknowledged the validity of the petition, she refrained from issuing a writ of quo warranto to remove Udhayanidhi Stalin from his ministerial position. The court explained that such a directive could only be issued if Stalin were disqualified under the law.
"While the petition against Stalin is maintainable, Court can't issue a writ of Quo Warranto as no action under law has been taken against the minister that can cause him to be disqualified," the Court stated.
The order highlighted that although ideological differences between political leaders are expected, any statements made should be constructive rather than destructive to any faith. The court underscored the need for those holding constitutional positions to uphold the principle of constitutionalism and avoid spreading misinformation.
Senior Counsel P Wilson, representing Udhayanidhi Stalin, argued that the writ was not maintainable as Stalin had not violated his oath of office. Wilson clarified that Stalin's call for the eradication of certain principles of Sanatana Dharma, specifically the 'Varnashrama dharma,' was not an attack on the entire faith but a critique of caste-based divisions.
(Edited by : Anand Singha)
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