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

In a significant judicial development, the Madras High Court on Wednesday held that the remarks made by Tamil Nadu Deputy Chief Minister Udhayanidhi Stalin in 2023 on Sanatana Dharma amounted to hate speech, reigniting debate over the limits of political expression and religious offence.

The Madurai Bench, while making strong observations, said the comments were not isolated but reflected what it described as a long-standing ideological hostility towards Hinduism within the Dravidian movement. The court noted that the Dravida Munnetra Kazhagam (DMK), to which Udhayanidhi belongs, traces its ideological roots to organisations that have consistently criticised Sanatana traditions for nearly a century.

“It is evident that there has been a clear attack on Hinduism by the Dravida Kazhagam and, subsequently, by the Dravida Munnetra Kazhagam for the past 100 years, to which the Minister belongs,” the court observed.

The bench further expressed concern over what it termed a troubling trend in the enforcement of hate speech laws, noting that those who initiate such speech often escape accountability, while individuals who react to it face legal consequences.

“This Court, with pain, records the prevailing situation that those who initiate hate speech are let scot-free while those who react to such hate speech face the wrath of the law,” the High Court remarked, questioning the selective application of legal provisions.

The judges also pointed out that despite multiple complaints and cases being filed in other states, no criminal proceedings have been initiated against Udhayanidhi Stalin in Tamil Nadu over the remarks in question.

The controversy dates back to September 2023, when Udhayanidhi Stalin — son of Tamil Nadu Chief Minister MK Stalin — sparked nationwide outrage with comments made at a public event addressing Sanatana Dharma.

“Some things cannot be opposed; they have to be abolished,” he had said. “Dengue, mosquitoes, malaria and corona cannot be resisted; they must be eradicated. Similarly, instead of opposing Sanatana, it must be removed.”

He further argued that Sanatana Dharma perpetuates caste hierarchies and religious divisions and is fundamentally opposed to social justice and equality — remarks that drew sharp criticism across political and religious lines.

Following the backlash, Udhayanidhi rejected accusations that his statement amounted to a call for violence or genocide against followers of Sanatana Dharma, insisting that his criticism was directed at an ideology rather than people.

However, the Madras High Court disagreed with that interpretation. On Wednesday, the bench observed that the language used carried implications far beyond ideological critique.

“If a group of people adhering to Sanatana Dharma should not exist, genocide would be the proper term. If Sanatana Dharma is considered a religion, it would amount to religicide,” the court stated.

The bench elaborated that extermination could take several forms — including culturicide, factocide, or ecocide — and held that the Tamil phrase “Sanatana Ozhippu” clearly points to either culturicide or genocide in meaning.

“In such circumstances, questioning the Minister’s speech would not amount to hate speech,” the court added, while examining the petition before it.

During the height of the controversy, Udhayanidhi had publicly maintained that he stood by his remarks, while reiterating that he never intended to call for violence against individuals who follow Sanatana Dharma.

It is noteworthy that the Supreme Court, in January 2025, dismissed three writ petitions seeking criminal prosecution against Udhayanidhi Stalin over the Sanatana Dharma remarks, providing him interim legal relief.

The latest High Court observations, however, arrive amid a charged political atmosphere in Tamil Nadu, with Assembly elections due before May this year, and are likely to intensify both legal and political scrutiny of the Deputy Chief Minister.