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The Deputy Chief Minister of Tamil Nadu and DMK leader, Udhayanidhi Stalin, continues to encounter significant challenges. The Madurai Bench of the Madras High Court made a notable statement on Wednesday, asserting that his controversial remarks against Sanatan Dharma in 2023 fall under the category of 'hate speech.'

High Court's Strong Remarks on Hate Speech

In its stern observations, the High Court indicated that the DMK has been attacking Hinduism for over a century and noted that the minister is associated with this ideology. The court expressed concern that individuals who allegedly deliver hate speech often escape punishment.

Court's Critique of Legal Responses

The court remarked, "It is evident that for the past 100 years, there has been a clear attack on Hinduism by the Dravidar Kazhagam and subsequently the DMK, with which the minister is linked. Considering all circumstances, it was observed that the petitioner raised questions about the hidden meanings of the minister's speech."

Concerns Over Legal Accountability

Furthermore, the court noted with regret that those who engage in hate speech are often left unpunished, while those who respond to such speech face legal repercussions. The court questioned the legal actions taken against those who react, rather than against those who initiate hate speech.

Lack of Legal Action in Tamil Nadu

The High Court also pointed out that no cases have been filed against the minister in Tamil Nadu for his hate speech, although some cases have been registered in other states.

Udhayanidhi's Controversial Statements

In September 2023, Udhayanidhi Stalin sparked nationwide controversy with his remarks on Sanatan Dharma during a public event. He stated, "Some things cannot be opposed; they must be eradicated. We cannot oppose dengue, mosquitoes, malaria, or corona; we must eliminate them. Similarly, instead of opposing Sanatan, we must eradicate it." He further argued that Sanatan Dharma fundamentally contradicts social justice and equality, alleging that it promotes discrimination based on caste and religion.

Criticism and Denial of Intent

Critics condemned his comments as a call for the 'genocide' of Sanatan Dharma followers, a claim that the minister later denied. The Madras High Court clarified that the words used by Udhayanidhi Stalin indeed implied genocide and equated to hate speech.

Court's Definition of Genocide

The court stated, "If there should be no existence of a group that believes in Sanatan Dharma, the appropriate term is 'genocide.' If Sanatan Dharma is considered a religion, it would be termed 'religious genocide.' This implies the elimination of people in various ways, including ecocide, factocide, and cultural genocide. Therefore, the Tamil phrase 'Sanatan Ozhippu' clearly means genocide or cultural genocide. In such circumstances, the petitioner's post questioning the minister's speech cannot be deemed hate speech."

Udhayanidhi's Defense Amidst Controversy

As the controversy spread nationwide, Udhayanidhi defended his comments, asserting that he stands 'firmly' by them, clarifying that his remarks were not a call for the genocide of Sanatan Dharma followers.

Supreme Court's Stance on Criminal Action

In January 2025, the Supreme Court declined to hear three petitions seeking criminal action against Udhayanidhi concerning his comments on 'Sanatan Dharma.'

Political Climate in Tamil Nadu

This setback for Udhayanidhi Stalin from the High Court comes at a time when the political atmosphere in Tamil Nadu is already heating up ahead of the assembly elections scheduled for May this year.