38.6c New Delhi, India, Tuesday, May 21, 2024
Judiciary

Sanatan Dharma is a set of eternal duties, why should it be destroyed: Madras High Court [Read Order]

By LawStreet News Network      16 September, 2023 05:08 PM      0 Comments
Sanatan Dharma is a set of eternal duties, why should it be destroyed: Madras High Court [Read Order]

The Madras High Court has said 'Sanatan Dharma' is as a set of 'eternal duties', contrary to an idea being propagated that it is all about, and only about, promoting casteism and untouchability.  

Justice N Seshasayee expressed concern over the debate on the issue triggered after "derogatory" remarks by Udhayanidhi Stalin, a Minister in Tamil Nadu government and son of Chief Minister M K Stalin.

"With genuine concern for what is going round, this Court could not help pondering over it," the bench said.

The court was hearing a writ petition challenging constitutionality of a circular issued by the Tamil Nadu government on September 12, 2023 requiring girl-students studying in a college to share their views on the topic 'Opposition to Sanadhana' on the occasion of commemoration of the birthday of the former Chief Minister and founder of the DMK party, late C N Annadurai, on September 15.

The bench said, "The Sanatan Dharma can be gathered from multiple sources which, either relate to Hinduism, or which those who practice the Hindu way of life, have come to accept. It includes the duty to the nation, duty to the King, King's duty to his people, duty to one's parents and Gurus, care for the poor, and whole lot of other
duties."

The bench said if the topic chosen by the circular is now tested on the plane of these duties, it iwould then mean that all these duties are liable to be destroyed.

"Should not a citizen love his country? Is he not under a duty to serve his nation? Should not the parents be cared," the bench asked.

The bench also highlighted, somewhere, an idea appears to have gained ground that Sanatan Dharma is all about, and only about, promoting casteism and untouchability.

"Untouchability in a country of equal citizens, cannot be tolerated, and even if it is seen as permitted somewhere within the principles of 'Sanatan dharma', it still
cannot have a space to stay, since Article 17 of the Constitution has declared that untouchability has been abolished. It is part of the fundamental right," the bench said.

The court said under Article 51A(a) of the Constitution, it is the fundamental duty of every citizen to, “abide by the Constitution and respect its ideals and institutions..”

"Therefore, untouchability, either within or outside Sanatan Dharma can no longer be Constitutional," the bench added.

Appearing for petitioner Elangovan, advocate G Karthikeyan submitted that nowhere Sanatan Dharma either approves or promotes untouchability, and it only insists the practitioners of Hinduism to treat all equally. "As religious practices move with time, some bad or evil practices may un-noticingly creep into it. They are the weeds required to be removed. But why should the crop be chopped," he asked.

The court also expressed concern of free speech nowadays on social media.

"If the free speech made through the social media is taken as a basis, anyone who has little to do with science, or rocket, or space, will be lecturing on rocket science. While this is also accommodated within the right to free speech, yet it may he helpful to gain some attention, and may not take it beyond," the bench said.

The court stressed that it would be appreciable, if free speech encourages dispassionate, and healthy public debates, and help the society to move forward, along the lines which the Constitution envisages.

"At the end of the day, every citizen traces his existence to the Constitution, and hence it is his duty to abide by its values, its ethos, and to hold an uncompromising abidance to its spirits. This should not be forgotten. Hope it prevails," the bench said.

After being informed that the circular was withdrawn, the court said it would still encourage college concerned to require the students to reflect upon the ills of untouchability and how they can contribute to eliminate it.

[Read Order]



Share this article:

User Avatar
About:


Leave a feedback about this
Related Posts
View All

'Mediation Can Effectively Resolve Disputes Governing the LGBTQ Community; it Ensures Relationships are Preserved, Privacy is Guarded and Parties are Heard' : Justice Anand Venkatesh 'Mediation Can Effectively Resolve Disputes Governing the LGBTQ Community; it Ensures Relationships are Preserved, Privacy is Guarded and Parties are Heard' : Justice Anand Venkatesh

them, acknowledge their presence, and make room for them. It will not work if you approach it in the traditional manner. Consider them as human beings; that is all they are requesting,” Justice Anand Venkatesh finally remarked. LGBTQ Community, LGBTQ Community flag, LGBTQ Community in delhi, Madras high court, Madras high court order

TN Medical Council declares change of gender identity of LGBTQIA+ as misconduct [Read Notification] TN Medical Council declares change of gender identity of LGBTQIA+ as misconduct [Read Notification]

The notification was issued in compliance with the directions issued by the Madras High Court in its July 8, 2022, order.

Madras High Court Directs Tamil Nadu Government to Ensure Quota for Transgenders in Local Body Elections [Read Order] Madras High Court Directs Tamil Nadu Government to Ensure Quota for Transgenders in Local Body Elections [Read Order]

Madras High Court directs Tamil Nadu government to provide reservations for transgender individuals in local body elections, aiming for inclusion and democratic participation. The court emphasizes the need to eliminate social stigma and uphold the rights of transgender individuals.

Anti Corruption sleuths acted like "puppets in The Muppet Show", HC notice to ex TN CM in disproportionate assets case [Read Order] Anti Corruption sleuths acted like "puppets in The Muppet Show", HC notice to ex TN CM in disproportionate assets case [Read Order]

Madras High Court questions integrity of MP/MLA case judgments, criticizes anti-corruption sleuths acting as 'puppets' in political show. Examination of corruption cases against lawmakers amid regime changes.

TRENDING NEWS

cannot-allow-the-game-of-hide-and-seek-for-committing-murder-of-an-unborn-child-mp-high-court
Trending Judiciary
Cannot Allow the Game of Hide and Seek for Committing Murder of an Unborn Child: MP High Court [Read Order]

MP High Court denies abortion for minor rape victim, condemns misuse of legal authority to terminate pregnancy and prevent justice.

20 May, 2024 03:52 PM
pune-porsche-hit-and-run-bail-granted-to-17-year-old-in-under-14-hours-asked-to-write-essay
Trending Judiciary
Pune Porsche Hit & Run: Bail Granted to 17 Year Old in Under 14 Hours, Asked to write essay

Bail granted to 17-year-old in Pune Porsche hit-and-run case within 14 hours. Conditions include educational tasks, supervision, and counseling. Incident killed two.

20 May, 2024 04:30 PM

TOP STORIES

sc-rebukes-ima-chief-rejects-apology-for-remarks
Trending Judiciary
SC rebukes IMA chief; rejects apology for remarks

SC rebukes IMA chief R V Asokan; rejects his apology for remarks against the court in contempt proceedings involving Baba Ramdev and Patanjali's MD Acharya Balkrishna.

15 May, 2024 11:02 AM
cant-allow-parole-for-having-procreation-with-live-in-partner-delhi-high-court
Trending Judiciary
Can't allow parole for having procreation with live-in partner: Delhi HC [Read Order]

Delhi HC denied parole for a convict seeking procreation with a live-in partner, stating it would set a harmful precedent, considering his legal marriage and children.

15 May, 2024 12:19 PM
sc-declares-arrest-of-newsclicks-editor-in-chief-prabir-purkayastha-as-invalid
Trending Judiciary
SC declares arrest of Newsclick's Editor-in-Chief Prabir Purkayastha as invalid

SC declares Newsclick Editor-in-chief Prabir Purkayastha's arrest invalid. He was detained in October 2023 under UAPA for alleged pro-China propaganda. SC orders release.

15 May, 2024 12:30 PM
sc-declines-to-entertain-plea-for-direction-to-ec-to-act-against-pm-bjp-leaders
Trending Judiciary
SC declines to entertain plea for direction to EC to act against PM, BJP leaders

SC rejects plea seeking Election Commission action against PM and BJP leaders for alleged hate speeches during elections.

15 May, 2024 12:55 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email