The Madras High Court on Tuesday struck down the criminal case filed against BJP IT cell head Amit Malviya over his social media post criticising Tamil Nadu Deputy Chief Minister Udhayanidhi Stalin's controversial comments on Sanatan Dharma. The court made strong observations, stating that the minister's own speech amounted to hate speech. Allowing Malviya's petition, Justice S Srimathy ruled that his post describing Udhayanidhi's 2023 remarks as a call for genocide did not amount to any criminal offence. The judge said the minister's speech targeted Hindus who follow Sanatan Dharma and that Malviya, being a follower himself, could be seen as a victim of such remarks. The case had been registered by Tiruchy police following a complaint from a DMK affiliated advocate.
FIR questioned, court notes lack of action on original speech
Malviya was booked under several IPC sections, including those related to promoting enmity and public mischief. The court expressed concern that action had been taken only against individuals reacting to the speech, not against the person who originally made the remarks. "The courts are questioning those who reacted, but the law is not being set in motion against the person who initiated the hate speech," Justice Srimathy said.
Historical context of ideological opposition noted
The judge referred to the history highlighted by Malviya’s counsel, pointing to long-standing ideological opposition to Hinduism from the Dravida Kazhagam and later the DMK. In that context, the court said Malviya's post questioned the core meaning of the minister’s statements rather than creating hatred. The judge examined the Tamil word 'Ozhippu', used repeatedly in Udhayanidhi’s speech, which translates to 'abolish'. "If Sanatana Dharma is to be abolished, it implies that those who follow it should not exist," the court observed. It added that the term 'Sanatana Ozhippu' could be interpreted as advocating genocide or cultural elimination.
Earlier ruling also labelled Udhayanidhi's remarks hate speech
The court cited a March 2024 order of the Madras High Court in another case where Udhayanidhi’s comments had also been categorised as hate speech. 'When hate speech is uttered by a minister, opposing it cannot be treated as a criminal act," the judge said, adding that Malviya did not incite violence or call for any agitation.
About the controversy
It is to be noted here that Udhayanidhi Stalin triggered national outrage in September 2023 with his remarks on Sanatan Dharma. At a public event, he said, "Few things cannot be opposed, they should be abolished. We can't oppose dengue, mosquitoes, malaria, or corona; we have to eradicate them. In the same way, we have to eradicate Sanatana, rather than opposing it." He argued that Sanatan Dharma stands against social justice and equality and divides society on the basis of caste and religion.
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