"Sanatana is like malaria and dengue, and so it must be eradicated and not opposed," said Udhayanidhi Stalin (U Stalin), Tamil Nadu Minister and son of CM of Tamil Nadu MK Stalin, at Tamil Nadu Progressive Writers Artists Association in Chennai on September 2, 2023. Multiple FIRs have been filed against him in various states of India for these remarks. Nearly 7 months after he made those comments on Sanatana Dharma, the Supreme Court of India came down heavily on the comments made on 'Sanatana Dharma' by Tamil Nadu Minister Udhayanidhi Stalin, saying that he has abused article 19, 25.
A 2-member Supreme Court bench, Justice Sanjiv Khanna and Dipankar Datta, on March 4, 2024, was hearing a petition filed by Minister Udhayanidhi Stalin asking for clubbing of multiple FIRs registered in the states of Tamil Nadu, Maharashtra, Jammu and Kashmir, Bihar, Uttar Pradesh, and Karnataka over his remarks made on Sanatana Dharma.
Justice Dipankar Datta said Senior Advocate Abhishek Manu Singhvi, counsel for Udhayanidhi Stalin in the Supreme Court, "You abuse your Article 19(1)(a) right. You abuse your Article 25 right. Now you are exercising your Article 32, right? Do you not know the consequences of what you said?".
How did U Stalin abuse Articles 19 and 25?
Article 19 of the Constitution provides freedom of speech, which is the right to express one's opinion freely without any fear via oral, written, electronic, broadcast, or printed means. Freedom of expression includes freedom of the press.
Article 25 (Freedom of conscience and free profession, practice, and propagation of religion) Article 25 guarantees the freedom of conscience and the freedom to profess, practice, and propagate religion to all citizens. These freedoms are subject to public order, health, and morality.
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Constitution of India
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In the writer's conference, U Stalin made malaria and dengue comments on Sanatana Dharma. Whereas, in Hinduism, Sanatana Dharma is considered sacred. Sanatana Dharma means eternal law or eternal way (duties), which Hindus must try to follow. By remarks on sacred Sanatana Dharma, he has abused Articles 19 and 25 of the Constitution of India.
What is Article 32?
It is an article of the Indian Constitution that gives every citizen the right to seek constitutional remedy from the Supreme Court when they have been deprived of their fundamental rights.
Advocate Abhishek Manu Singhvi, the counsel of Udhayanidhi Stain, tried to clarify when the Supreme Court questioned the need for merging FIRs and the abuse of Article 32 by saying, "I have to move six high courts; I'll constantly be tied up in this… This is persecution before the prosecution."
Justice Dipankar Datta slammed the excuses by saying, "You are not a layman. You are a minister. You should know the consequences."
However, Singhvi constantly persuaded to merge FIRs, and the bench agreed to examine the plea of merging FIRs and postponed the hearing to next Friday, March 15.