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Udayanidhi Stalin’s remarks against Sanatan Dharma amount to hate speech, observes Madras High Court

Chennai (Tamil Nadu) – The Madurai Bench of the Madras High Court observed that the remarks made by Tamil Nadu Deputy Chief Minister Udayanidhi Stalin against Sanatan Dharma fall within the ambit of hate speech. The Court noted that the expression used by Stalin went beyond mere criticism and questioned the very existence of those who believe in Sanatan Dharma.

While making its observations, the High Court expressed concern that, in the present case, no action was taken against the person who made the allegedly hateful statement, whereas legal proceedings were initiated against the individual who reacted to it. The Bench remarked that in recent times, those who make hate-filled statements often go scot-free, while those who question or criticise such statements are subjected to criminal action. The Court stated that calling for the “elimination” of Sanatan Dharma does not signify opposition alone, but conveys an intent that targets the identity and existence of its followers, thereby qualifying as hate speech. The Bench further observed that such statements could be interpreted as advocating genocide or cultural genocide.

The Court specifically analysed the Tamil term used by Udayanidhi Stalin, namely “Sanatan Ozhippu”, and clarified that it does not mean opposition to Sanatan Dharma, but eradication. This distinction, the Court noted, was crucial in assessing the nature and gravity of the statement.

FIR against BJP leader quashed

In 2023, Udayanidhi Stalin had compared Sanatan Dharma to diseases such as dengue and malaria, and stated that it should not merely be opposed but abolished or eradicated. A video of this speech was circulated on social media by BJP IT Cell head Amit Malviya, who questioned whether nearly 80 percent of the country’s population, which follows Sanatan Dharma, agreed with Stalin’s views.

Subsequently, a leader of the DMK filed a complaint against Malviya, alleging that he had distorted Stalin’s remarks, following which the police registered an FIR against him. Malviya approached the Madras High Court seeking quashing of the FIR.

Allowing the petition, the Madurai Bench quashed the FIR against Malviya. Justice Srimathy observed that the words used by Udayanidhi Stalin were not “Sanatan ethirppu” (opposition to Sanatan Dharma), but “Sanatan ozhippu” (eradication of Sanatan Dharma). The Court held that continuing criminal proceedings against Malviya in such circumstances would amount to misuse of the legal process.

Udayanidhi earlier reprimanded by Supreme Court

Earlier, on 4 March 2025, the Supreme Court had also reprimanded Udayanidhi Stalin in connection with his remarks, observing that he had misused his freedom of speech. The apex court noted that Udayanidhi Stalin was not an ordinary citizen and, being a public functionary, was expected to be mindful of the impact of his statements on society.

Editorial Perspective

Many Hindus believe that the Court should impose the strictest possible punishment on Udayanidhi Stalin for making such statements against Sanatan Dharma.

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