‘Udhayanidhi Stalin made hate speech against Hindus’: Madras HC quashes FIR against BJP IT Cell head Amit Malviya, says DMK has a history of attacking Sanatan Dharma
On 20th January, the Madurai Bench of the Madras High Court quashed an FIR filed against BJP IT Cell head Amit Malviya in 2023, stating that the speech delivered by DMK leader Udhayanidhi Stalin at the “Sanatana Abolition Conference” was a “hate speech” against the Hindu community. Justice S Srimathy stated that there have been constant attacks on Hinduism over the last 100 years, first by Dravida Kazhagam and later by Dravida Munetra Kazhagam (DMK). Regarding Udhayanidhi Stalin’s remarks against Sanatan Dharma, the judge said, “The minister’s remarks amount to hate speech.” Justice S Srimathy noted that while those who reacted to the Tamil Nadu deputy chief minister’s anti-Hindu hate speech were booked, the law was not put into motion against the one who initiated the hate speech. It must be recalled that an FIR was lodged by the Tiruchy Police in 2023, accusing Amit Malviya of misrepresenting Udhayanidhi Stalin’s ‘eradicate Sanatan Dharma’ remark. “The courts are questioning the persons who reacted, but are not putting the law in motion against the person who initiated the hate speech. In the present case, no case has been filed against the minister for his hate speech in TN, but some cases have been filed in other states,” she said. Udhayanidhi Stalin’s speech was “totally against 80% Hindus” The court took note of the submissions made by Amit Malviya’s counsel, highlighting how DMK has consistently been attacking Sanatan Dharma. Referring to these submissions, Justice S Srimathy said, “There is a clear attack on Hinduism by the Dravida Kazhagam, and subsequently, along with the DMK, for the past 100 years, to which the minister belongs. While considering the overall circumstances, it is seen that the petitioner had questioned the hidden meaning of the minister’s speech.” The court further noted that Udhayanidhi Stalin’s remarks amounted to hate speech and that Amit Malviya, being a Sanatani, was a victim who only defended Sanatan Dharma against the DMK leader’s verbal attack. “The speech of the minister would clearly indicate that it is totally against 80% Hindus, which comes within the mischief of hate speech. The petitioner, who is a Sanatani, is a victim of such hate speech and has only defended the Sanatana Dharma from hate speech. When the minister utters a hate speech, the petitioner’s (act of) opposing the said hate speech cannot be considered as a crime,” the court said. Justice Srimathy further noted that the BJP leader did not incite violence against Stalin or his party. He also did not refer to two competing communities, to get booked under Sections 153 and 153A of the IPC. Noting that there was no mens rea on the part of the BJP leader, the court decided to quash the FIR against him. ‘Sanatan Ozhippu’: Madras HC dissects Udhayanidhi Stalin’s ‘Eradicate Sanatan’ hate speech The court highlighted a specific term used by Udhayanidhi Stalin in his hate speech back in 2023. Justice S Srimathy said that Stalin used the word ‘Ozhippu’, which means ‘abolish’, ‘eradicate’ or ‘eliminate’. The judge deduced that in the context of Stalin’s speech, ‘ozhippu’ would mean the abolishment of Sanatan Dharma, and for it to not be there, Sanatanis should not be there. “The word ‘abolish’ would indicate that some existing thing should not be there. If it is applied to the present case, if Sanatana Dharma should not be there, then the people following Sanatana Dharma should not be there. It means suppression of activities that do not conform to the destroyer’s notion,” the court said. “To consider the issue [at hand], the alleged speech of the Minister ought to be seen, wherein he said ‘Sanatana Dharma should not be resisted or opposed, but has to be abolished/eradicated’. In Tamil, it is stated not as Sanatana ethirppu (opposing Sanatana), but Sanatana ozhippu (eradicating Sanatana),” the court said. Thus, the judge stated that ‘Sanatan ozhippu’ means genocide or culturicide of Sanatanis, that is, Hindus. The court decided that Amit Malviya’s questioning of Udhayanidhi Stalin’s ‘Sanatan ozhippu’ remarks did not amount to hate speech. “The entire case is on the word ozhippu, which is crucial. The word ‘abolish’ would indicate that some existing thing should not be there. If it is applied to the present case, if Sanatana Dharma should not be there, then the people following Sanatana Dharma should not be there. If a group of people following Sanatana Dharma should not be there, then the appropriate word is ‘genocide’. If Sanatana Dharma is a religion, then it is ‘Religicide’. It also means to eradicate the people by following any methods or various methods with diverse attacks on ecocide, factocide, culturicide [cultural genocide]. Therefore, the Tamil phrase Sanatana ozhippu would clearly mean genocide or culturicide. In such circumstances, the post of the petitioner questioning the Minister’s speech would not amount to hate speech,” the judge stated. The Madras Hig
On 20th January, the Madurai Bench of the Madras High Court quashed an FIR filed against BJP IT Cell head Amit Malviya in 2023, stating that the speech delivered by DMK leader Udhayanidhi Stalin at the “Sanatana Abolition Conference” was a “hate speech” against the Hindu community.
Justice S Srimathy stated that there have been constant attacks on Hinduism over the last 100 years, first by Dravida Kazhagam and later by Dravida Munetra Kazhagam (DMK).
Regarding Udhayanidhi Stalin’s remarks against Sanatan Dharma, the judge said, “The minister’s remarks amount to hate speech.”
Justice S Srimathy noted that while those who reacted to the Tamil Nadu deputy chief minister’s anti-Hindu hate speech were booked, the law was not put into motion against the one who initiated the hate speech. It must be recalled that an FIR was lodged by the Tiruchy Police in 2023, accusing Amit Malviya of misrepresenting Udhayanidhi Stalin’s ‘eradicate Sanatan Dharma’ remark.
“The courts are questioning the persons who reacted, but are not putting the law in motion against the person who initiated the hate speech. In the present case, no case has been filed against the minister for his hate speech in TN, but some cases have been filed in other states,” she said.
Udhayanidhi Stalin’s speech was “totally against 80% Hindus”
The court took note of the submissions made by Amit Malviya’s counsel, highlighting how DMK has consistently been attacking Sanatan Dharma. Referring to these submissions, Justice S Srimathy said, “There is a clear attack on Hinduism by the Dravida Kazhagam, and subsequently, along with the DMK, for the past 100 years, to which the minister belongs. While considering the overall circumstances, it is seen that the petitioner had questioned the hidden meaning of the minister’s speech.”
The court further noted that Udhayanidhi Stalin’s remarks amounted to hate speech and that Amit Malviya, being a Sanatani, was a victim who only defended Sanatan Dharma against the DMK leader’s verbal attack.
“The speech of the minister would clearly indicate that it is totally against 80% Hindus, which comes within the mischief of hate speech. The petitioner, who is a Sanatani, is a victim of such hate speech and has only defended the Sanatana Dharma from hate speech. When the minister utters a hate speech, the petitioner’s (act of) opposing the said hate speech cannot be considered as a crime,” the court said.
Justice Srimathy further noted that the BJP leader did not incite violence against Stalin or his party. He also did not refer to two competing communities, to get booked under Sections 153 and 153A of the IPC. Noting that there was no mens rea on the part of the BJP leader, the court decided to quash the FIR against him.
‘Sanatan Ozhippu’: Madras HC dissects Udhayanidhi Stalin’s ‘Eradicate Sanatan’ hate speech
The court highlighted a specific term used by Udhayanidhi Stalin in his hate speech back in 2023. Justice S Srimathy said that Stalin used the word ‘Ozhippu’, which means ‘abolish’, ‘eradicate’ or ‘eliminate’. The judge deduced that in the context of Stalin’s speech, ‘ozhippu’ would mean the abolishment of Sanatan Dharma, and for it to not be there, Sanatanis should not be there.
“The word ‘abolish’ would indicate that some existing thing should not be there. If it is applied to the present case, if Sanatana Dharma should not be there, then the people following Sanatana Dharma should not be there. It means suppression of activities that do not conform to the destroyer’s notion,” the court said.
“To consider the issue [at hand], the alleged speech of the Minister ought to be seen, wherein he said ‘Sanatana Dharma should not be resisted or opposed, but has to be abolished/eradicated’. In Tamil, it is stated not as Sanatana ethirppu (opposing Sanatana), but Sanatana ozhippu (eradicating Sanatana),” the court said.
Thus, the judge stated that ‘Sanatan ozhippu’ means genocide or culturicide of Sanatanis, that is, Hindus. The court decided that Amit Malviya’s questioning of Udhayanidhi Stalin’s ‘Sanatan ozhippu’ remarks did not amount to hate speech.
“The entire case is on the word ozhippu, which is crucial. The word ‘abolish’ would indicate that some existing thing should not be there. If it is applied to the present case, if Sanatana Dharma should not be there, then the people following Sanatana Dharma should not be there. If a group of people following Sanatana Dharma should not be there, then the appropriate word is ‘genocide’. If Sanatana Dharma is a religion, then it is ‘Religicide’. It also means to eradicate the people by following any methods or various methods with diverse attacks on ecocide, factocide, culturicide [cultural genocide]. Therefore, the Tamil phrase Sanatana ozhippu would clearly mean genocide or culturicide. In such circumstances, the post of the petitioner questioning the Minister’s speech would not amount to hate speech,” the judge stated.
The Madras High Court judge also quoted the previous March 2024 high court order, which already deemed Stalin’s anti-Sanatan remarks as “hate speech”. During the hearing on Tuesday (20th January), Justice Srimathy quoted the March 2024 ruling, which stated that the DMK leader’s statement “spew hate against a particular community, the Hindus, and constitute disinformation and hate”.
Furthermore, the court rebuked the Investigating Officer for a statement in the court affidavit in favour of the DMK leader. In the statement, the IO said, “The Governor and BJP can speak about Sanathan, then why cannot the Minister speak about Sanathan?”
Emphasising that the court is “pained” due to the IO’s statement, Justice Srimathy said, “The above would clearly indicate the counter has political colour, but unfortunately it is filed by the investigating officer. The officials ought to be apolitical, and taking sides with a political party is reprimandable.”
Anti-Hindu hate speech by Udhayanidhi Stalin and the FIR against BJP’s Amit Malviya
It all started on 2nd September 2023, when the then Minister for Youth Welfare and Sports Development of Tamil Nadu, Udhayanidhi Stalin, while addressing a Sanatana Abolition Conference, equated Sanatan Dharma or Hinduism with mosquitoes, dengue, malaria, corona and that it should be eradicated.
“Mosquitoes, dengue, flu, malaria, corona – we should not oppose these things. They have to be eradicated completely. The same is the case with Santanam (Hinduism). Our first work should be to abolish/eradicate Sanatanam instead of opposing it. So, my appreciation to you all for giving an apt title to the meeting,” Stalin said at the event organised by the Tamil Nadu Progressive Writers Forum.
Later, he went on a tirade against the Hindu civilisational religious philosophy on social media. While taking to X (formerly Twitter), Udhayanidhi Stalin wrote, “Sanatan Dharma is a principle that divides people in the name of caste and religion.”
“Uprooting Sanatan Dharma is upholding humanity and human equality…I spoke on behalf of the oppressed & marginalized, who suffer due to the Sanatan Dharma. I spoke on behalf of the oppressed & marginalized, who suffer due to the Sanatan Dharma,” he reiterated his sinister plan.
The Tamil Nadu Police showed more dexterity in silencing those questioning Stalin than the initiator of the anti-Hindu hate speech. On 6th September 2023, the Tiruchirappalli police stated that they have filed an FIR against BJP’s Amit Malviya for ‘distorting’ the remarks made by Udhayanidhi Stalin.
Udhayanidhi Stalin, son of Tamilnadu CM MK Stalin, and a minister in the DMK Govt, has linked Sanatana Dharma to malaria and dengue… He is of the opinion that it must be eradicated and not merely opposed. In short, he is calling for genocide of 80% population of Bharat, who… pic.twitter.com/4G8TmdheFo
— Amit Malviya (@amitmalviya) September 2, 2023
What triggered the FIR was an X post by Amit Malviya in which he said, “Udhayanidhi Stalin, son of Tamilnadu CM MK Stalin, and a minister in the DMK Govt, has linked Sanatana Dharma to malaria and dengue… He is of the opinion that it must be eradicated and not merely opposed. In short, he is calling for the genocide of 80% population of Bharat, who follow Sanatan Dharma. DMK is a prominent member of the Opposition block and a long standing ally of the Congress. Is this what was agreed in the Mumbai meet?”
