Madras HC issues notices against politicians over remarks on Sanatana Dharma

Madras HC issues notices against politicians over remarks on Sanatana Dharma

Three writ petitions have been submitted to the Madras High Court, requesting the issuance of a writ of quo warranto. These petitions aim to determine the authority under which DMK MP A. Raja, Tamil Nadu State Ministers Udhayanidhi Stalin, and P.K. Sekar Babu are still holding their offices, considering their comments advocating for the eradication of Sanatana Dharma.

The three writ petitions have been lodged by V.P. Jayakumar, Kishore Kumar, and T. Manohar, who serve as State Secretaries of the Hindu Munnani, in their individual capacities. These Writ Petitions have been filed with the representation of Advocate A. Jagadeeswari and additional legal representatives.

Senior Advocate G. Karthikeyan represented the petitioners in all three cases during a hearing on Friday before Justice Anita Sumanth's bench. In two of the cases, the Advocate General represented the Special Secretary of the Tamil Nadu Legislative Assembly, while private notice was issued to the Secretary-General of Lok Sabha in the case involving A. Raja. Senior Advocate P. Wilson took notice on behalf of Udhayanidhi Stalin and A. Raja.

The court issued an order stating, "List on 11.10.2023 - Notice - Private Notice to R2 in WP 29204 of 2023." Additionally, the court has requested the petitioners to provide video recordings of the speeches made by the three individuals, as well as transcripts of those speeches.

It is alleged that Minister Udhayanidhi Stalin made remarks in which he called for the eradication of Sanatan Dharma and compared it to mosquitoes, dengue, corona, and malaria. Additionally, DMK leader and Lok Sabha MP from the State, A. Raja, is alleged to have stated that Udhayanidhi Stalin's comparison was relatively mild and suggested that it should be eradicated similarly to malaria and dengue. However, Raja also pointed out that these diseases do not carry the same social stigma as certain other diseases, such as leprosy and HIV. He implied that Sanatan Dharma should be viewed as a social issue akin to HIV and leprosy, which are often associated with social discrimination and prejudice.

According to the pleas filed, the words used by Minister Udhayanidhi Stalin and DMK leader A. Raja strongly conveyed their animosity towards Hindus who practice Sanatana Dharma. The pleas argue that individuals who harbor such animosity towards a particular religious faith and express an intention to eliminate that faith from society should not be eligible to hold any significant or influential positions, especially the high-ranking and influential positions they currently occupy.

One of the pleas states that it is unfortunate that government ministers, who are expected to uphold secular principles and not show bias towards any faith, values, or beliefs, participated in a meeting openly declaring its objective as the eradication of Sanatana Dharma (Hinduism). According to the plea, the involvement of the Minister for HR&CE (Hindu Religious and Charitable Endowments) in such a meeting is not only regrettable but also unsustainable. It argues that if a minister responsible for the HR&CE Department takes part in a gathering with the aim of eradicating Hinduism, he no longer qualifies to be the custodian or administrator of Hindu temples. Consequently, the plea asserts that due to this reason alone, the minister loses the qualification to continue in his role as the Minister for the HR&CE Department.

The petitioners argue that the speech in question violated the principles of Fundamental Duties as outlined in Article 51-A (c)(e) of the Constitution of India, which imposes certain mandatory duties on citizens. They contend that another incident where A. Raja allegedly claimed that all Hindus are sons of prostitutes also raises concerns and may potentially constitute criminal offenses under Section 295(A) of the Indian Penal Code (IPC).

Furthermore, the plea asserts that as Members of Parliament (MPs) and Members of the Legislative Assembly (MLAs) elected by people from diverse faiths, these individuals are expected to represent the interests of all citizens of the State, irrespective of their religious backgrounds. They should not serve as a source of inspiration for others to commit similar criminal offenses.

The bench has scheduled the matter for further hearing on October 11, 2023.

Recently, the Supreme Court has also taken notice of a writ petition related to the "Sanatana Dharma Eradication Conference" held in Tamil Nadu, during which controversial remarks were made by Stalin. In a separate but related case, the Supreme Court decided not to issue a separate notice and instead combined it with the first case.

In Rampur, Uttar Pradesh, an FIR has been filed against Udhayanidhi Stalin and Priyank Kharge, who is the son of Congress president Mallikarjun Kharge. They are facing allegations of making hate speech against Sanatan Dharma. Previously, a group of concerned individuals, including retired judges from various High Courts and bureaucrats, wrote a letter to Chief Justice D.Y. Chandrachud, requesting the Supreme Court's intervention in addressing the issue of hate speech made by Udhayanidhi Stalin.

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