Udhayanidhi’s comments on Sanatana Dharma abuse of rights under Article 19 and 25, notes top court

The Supreme Court on Monday pulled up Tamil Nadu Sports Minister Udhayanidhi Stalin for his comments on Sanatana Dharma last year. Senior Advocate Abhishek Manu Singhvi appeared on behalf of the DMK leader and was told by Justice Datta, “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?”
The SC bench consisted of a two-judge bench which comprised Justice Sanjiv Khanna and Justice Dipankar Datta. The SC also told Udhayanidhi, “You are not a layman. You are a minister. You should know the consequences.”

FIRs were filed against Udhayanidhi Stalin in numerous states including, Tamil Nadu, Uttar Pradesh, Maharashtra, Jammu and Kashmir, Bihar and Karnataka, over his Sanatana Dharma comments. His lawyer clubbed these FIRs together and filed a case in the Apex Court under Article 32. The SC advised the DMK leader’s counsel to move the concerned High Courts in each state. In response Singhvi replied, “I have to move six high courts, I will constantly be tied up in this. This is persecution before the prosecution.” The SC has adjourned the case to March 15 now.

Article 19(1)(a) states that all citizens shall have the right to freedom of speech and expression while Article 25 guarantees the freedom of conscience, the freedom to profess, practice, and propagate religion to all citizens. Meanwhile, Article 32 gives the right to every citizen to seek constitutional remedy from the Supreme Court, when they have been deprived of their fundamental rights.

It was in September 2023 that Udhayanidhi Stalin while at a public event spoke about how Sanatana Dharma was against equality and social justice and must be eradicated. His comments sparked a controversy resulting in FIRs being filed against him. The TN Sports Minister has repeatedly said he would not apologise for his comments.