16 Sep 2023 3:42 AM GMT
The Madras High Court on Friday observed that “Sanadhana Dharma” is a set of eternal duties including duty to the nation, duty to the King, Duty to parents and Gurus, etc. and in that context, opposition to Sanadhana Dharma would have to mean that all these duties were liable to be destroyed.
Justice N Seshasayee was hearing a challenge against a Circular issued by the Principal of Thiru Vi. Ka. Government Arts College requesting the girl students in the college to share their views on the topic “Opposition to Sanadhana” on the occasion of commemorating birth anniversary of former Tamil Nadu CM Annadurai.
The court also noted that presently the idea that had been appearing was that Sanadhana Dharma is all about promoting casteism and untouchability. The court emphasised that untouchability, which has been abolished under Article 15 of the Constitution should not be tolerated even within or outside Sanadhana Dharma.
The court also observed that though Article 19(1)(a) of the Constitution gave a fundamental right to free speech, it was important to underscore that one is adequately informed as it added value to what was being spoked. Adding that free speech was not an absolute right, the court noted that when free speech pertained to religion, it was necessary to ensure that no one is injured.
“Every religion is founded on faith, and faith by nature accommodates irrationality. Therefore, when free speech is exercised in matters pertaining to religion, it is necessary for one to ensure that no one is injured. In other words free speech cannot be hate speech, as the Hon'ble Supreme Court has cautioned. The users of free speech must not ignore to factor these aspects while exercising their right. If this is ignored, the course of any debate will get derailed, and the objective behind it will lose significance,” the court said.
The court also opined that free speech should be used to encourage dispassionate, healthy debates and help the society to move forward without forgetting the ethos and values of the Constitution.
Since the impugned circular in the present case was already withdrawn, the court encouraged the College to instead make the students reflect on the evils of untouchability and how as citizens of the society, they could eliminate untouchability.
The remarks of the Court assume relevance in the background of the recent controversy triggered off by the comments made by Tamil Nadu Minister Udhayanidhi Stalin against 'Sanathana Dharma'.