Madras High Court Highlights the True Essence of Sanatana Dharma Amid Ongoing Debate

| 16 September 2023

| Christie Anto

In a significant development amid the ongoing debate surrounding Sanatana Dharma, the Madras High Court has issued profound remarks, reaffirming the core principles of this ancient spiritual philosophy. The court emphasized that Sanatana Dharma encompasses a set of eternal duties, including responsibilities towards the nation, the King, one's parents and gurus, and a commitment to caring for the less fortunate in society.

The remarks were made during a hearing presided over by Justice N Seshasayee, who was addressing a petition filed by Elangovan. The petition challenged a circular issued by a local government Arts College, which required students to share their thoughts on the topic of 'Opposition to Sanathana'. Justice Seshasayee expressed his concern regarding the increasingly passionate and, at times, noisy debates surrounding Sanatana Dharma. He observed that an erroneous notion has gained ground, suggesting that Sanatana Dharma promotes casteism and untouchability, a notion he categorically rejected.

"Untouchability in a country of equal citizens cannot be tolerated," Justice Seshasayee declared. "Even if it is perceived as permitted within the principles of 'Sanatana Dharma,' it still cannot find a place to persist, as Article 17 of the Constitution has unequivocally declared the abolition of untouchability."

The judge further emphasized the delicate balance between the fundamental right of free speech and the responsibility to prevent it from devolving into hate speech, especially in matters of religion. He stressed the necessity of ensuring that no one is harmed by such expressions. "Every religion is founded on faith, and faith inherently accommodates irrationality," he noted. "Hence, when exercising free speech in matters concerning religion, it is imperative to ensure that no one suffers harm. In simpler terms, free speech must not be conflated with hate speech."

These insightful remarks from the Madras High Court come in the wake of recent controversial comments made by Tamil Nadu Minister Udhayanidhi Stalin against Sanatana Dharma. The minister's likening of Sanatana Dharma to diseases like "dengue and malaria" had triggered massive backlash and set off a political firestorm.

The Madras High Court's stance on the matter seeks to clarify the essence of Sanatana Dharma, highlighting its foundational principles of duty, responsibility, and inclusivity. It serves as a reminder that any debate, particularly one involving religion, should be conducted with respect, empathy, and a commitment to upholding the principles of equality and social justice as enshrined in the Indian Constitution.