Sanatan Dharma 'hate speech': Legal notice to Chennai Police, have 7 days to file FIR against Udhayanidhi Stalin

Rights body Legal Rights Observatory (LRO) Monday issued a legal notice to the Police Commissioner of Greater Chennai for suo motu registering an FIR against Udhayanidhi Stalin, Tamil Nadu’s minister for youth and sports affairs and son of chief minister MK Stalin for delivering “hate speech” targeting the followers of Sanatan Dharma.

Firstpost has seen the legal notice.

“Few things cannot be opposed; they should be abolished. We can’t oppose dengue, mosquitoes, malaria or corona, we have to eradicate them. In the same way, we have to eradicate Sanatana (Sanatan Dharma), rather than opposing it,” the DMK scion had said Saturday in Chennai at a seminar.

“The aforesaid statement, besides other contents of the speech of the said Udhayanidhi Stalin, is a part of the hate speech delivered by the said accused Mr Udhayanidhi Stalin. His act is aimed at promoting enmity between different groups on the ground of religion… the said Udhaynidhi Stalin has not only read such a hate speech during the seminar, but has also reaffirmed his statement on tweet (X) as well by reaffirming the said statement,” the legal notice said.

Advocate Umesh Sharma, representing LRO and its national convener Vinay Joshi, told Firstpost, “Udhayanidhi Stalin, through his hate speech, has committed offences under sections 153A and B, 295A,298 and 505 of the Indian Penal Code which are cognisable offences and very serious in nature.”

“… the Hon’ble Supreme Court of India has issued specific directives for
registration of suo motto FIR in cases of hate speech irrespective of the status of the offender. It has also been directed that the police will register suo motto FIR in cases of hate speech and will not wait for any complaint. That my client hereby seeks the registration of FIR against the said accused Udhayanidhi Stalin for his act of committing hate speech on 3/9/2023 at the venue stated above, the video clip of the same is available on social media which can be verified at your level and action as directed by the Hon’ble Supreme Court of India be taken against the accused promptly,” the legal notice to the Chennai Police Commissioner added.

Alleging that Udhayanidhi Stalin “a responsible person” had delivered the speech “with clear intention of hurting the religious sentiments of Sanatani population of the country”.
The legal notice also threatens the top cop of initiating contempt proceedings against the top cop if he failed to do the “needful in the matter within one week of receipt of this legal notice”.

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Udhayanidhi Stands by Remarks

The DMK scion, faced with accusations of attemoting to stoke “genocide”, retoted on X (formerly Twitter) that he had not done anything such.

“I never called for the genocide of people who are following Sanatan Dharma,” he posted on X, though he also went on to write that he stood “firmly by every word I have spoken”.

I never called for the genocide of people who are following Sanatan Dharma. 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 stand firmly by every word I have spoken. I spoke… https://t.co/Q31uVNdZVb

— Udhay - தமிழ்நாட்டை தலைகுனிய விடமாட்டேன் (@Udhaystalin) September 2, 2023

Supreme Court on Hate Speech

The Supreme Court on Friday termed hate speech as a serious offence that can affect the secularism of India. It has also directed states and union territories to register cases over hate speech even in the absence of any formal complaint.

While doing so, the top court extended the scope of its own order of 2022. The comments were made when the Supreme Court was hearing a bunch of cases related to inaction by states to address instances of hate speech.

It warned that delay in registering hate speech cases would result in contempt of court. “We further make it clear that such action be taken irrespective of the religion of the maker of the speech so that the secular character of Bharat as envisaged by the Preamble is preserved,” the bench today said in its order.

The Supreme Court’s order for suo motu registration of FIR in hate speech dated October 2022 was only passed by the UP, Delhi and Uttarakhand governments.

Justices K M Joseph and B V Nagarathna said last month that cases of hate speech “is happening because the State is impotent, State is powerless, State doesn’t act in time,” and will stop “the moment politics and religion are segregated”.

The petitioners in the case have recommended the appointment of a nodal officer for each state. The bench, on the other hand, said one nodal officer should be appointed in each district.

Penal Provisions Against Hate Speech

The apex court even underlined the specific provisions under which hate speech offenders be booked: Sections 153A (promoting enmity between different groups on the ground of religion), 153B (imputations, assertions prejudicial to national integration), 505 (public mischief), 295A (deliberate and malicious acts intended to outrage religious feelings) of the Indian Penal Code (IPC).