The Madras High Court has held that controversial remarks made by Tamil Nadu Deputy Chief Minister Udhayanidhi Stalin in 2023 about Sanatana Dharma amount to hate speech, in a significant legal finding that has reignited debate over political rhetoric and religious sensitivity.
The court’s observations came while quashing an FIR registered in 2023 against BJP leader Amit Malviya, who had posted on social media questioning Stalin’s comments.
Justice S. Srimathy of the Madurai Bench noted that in his 2023 speech, Udhayanidhi Stalin used the Tamil term “Sanatana ozhippu” — implying the eradication rather than mere opposition to Sanatana Dharma — and said such language could be construed as targeting followers of the belief, which constitutes hate speech. The judge explained that advocating the eradication of Sanatana Dharma could extend to the suppression of those who follow it, equating to “genocide” or “culturicide.”
While quashing the FIR against Malviya, the court emphasised that questioning Stalin’s remarks did not amount to an offence, observing that retaliation against hate speech should not itself be criminalised. The bench also expressed concern that individuals who initiate hate speech often go unpunished, whereas those reacting to it face legal consequences.