The Madras High Court has recently dismissed a private complaint filed against Viduthalai Chiruthaigal Katchi (VCK) leader and Member of Parliament, Thol Thirumavalavan.
The complaint accused him of delivering a speech that allegedly demeaned Hindu women, but Justice P. Velmurugan ruled that the allegations lacked merit and quashed the case.
The complaint stemmed from a speech Thirumavalavan made at an international conference in September 2020, where he reportedly discussed derogatory references to women in the ancient Hindu text, the Manusmriti. The complainant contended that Thirumavalavan’s remarks, which were later broadcast on a YouTube channel, amounted to hate speech against Indian women, particularly Hindu women, and sought legal action under various sections of the Indian Penal Code (IPC) and the Information Technology Act.
In his defense, Thirumavalavan, through his counsel, clarified that his speech was a factual reference to the content of the Manusmriti, not a personal attack on any community or individual. He argued that his comments were intended to highlight the historical and societal impact of the text, rather than to incite hate or degrade anyone.
The court, in its judgment, noted that Thirumavalavan’s statements were based on the Manusmriti and its translations and did not exceed his right to free speech. Justice Velmurugan remarked, “There is no evidence to show that the petitioner intended to defame or humiliate women. The speech merely highlighted certain content from the Manusmriti without any personal or hateful intent.”
The judge further emphasized that there was no prima facie material to substantiate the claim that the speech amounted to hate speech or that it violated the dignity of women. Justice Velmurugan also observed that the complainant failed to demonstrate how the speech caused harm or offense to himself or others.
In closing, the court highlighted the importance of critically engaging with historical texts within a democratic society. It reaffirmed that discussions on contentious subjects, such as the Manusmriti, should not be suppressed unless there is clear evidence of malicious intent or an attempt to incite hatred.
Case Title: Private Complaint Vs. Thol Thirumavalavan
