Madras HC Reuploads Judgement With Corrections, Revises Bit on the Origins of Caste

The first copy uploaded to the court’s website said that the origins of the caste system were less than a century old. This was revised to say that the “categorisation of castes as we know them today” is a modern phenomenon.

Mumbai: Two days after the Madras high court delivered a judgement in a batch of petitions filed against Tamil Nadu ministers Udhayanidhi Stalin and P.K. Sekarbabu as well as Nilgiris MP A. Raja in connection with their comments made against sanatana dharma, the judge has made multiple corrections to the judgement that was uploaded on the court’s website.

Justice Anita Sumanth, who pronounced the verdict on Wednesday (March 6) and had a copy of the judgment uploaded on the court’s website the next day, suddenly introduced several changes.

However, these changes were seemingly made without listing the case freshly.

The verdict and Justice Sumanth’s comments came under public ire on Wednesday.

“By equating sanatana dharma to HIV, AIDS, leprosy, malaria and [COVID-19], the individual respondents [Stalin and Raja] have revealed an alarming lack of understanding of Hinduism,” Justice Sumanth had written in her judgement.

Among some of the controversial observations that Justice Sumanth made and were widely criticised include her take on the “origins of the caste system”.

The first version uploaded on the website read:

“The origins of the caste system as we know it today are less than a century old. The State of Tamil Nadu has 370 registered castes and the State is a cacophony of pulls and pressures by groups of persons claiming allegiance to one caste or the other.”

It was later changed to:

“The categorisation of castes as we know them today, is a far more recent and modern phenomenon. The State of Tamil Nadu has 184 registered castes and the State is a cacophony of pulls and pressures by groups of persons claiming allegiance to one caste or the other.”

A reference to the number of castes registered in Tamil Nadu had also changed between the two versions.

Similarly, in another paragraph of the first uploaded copy, the judge stated that a study of the original Vedic texts was carried out by experts at Chennai’s Kuppuswami Sastri Research Institute.

According to the judgement, the study confirmed on the face of it that the phrase ‘sanatana dharma’ was always used in the context of “high moral values and virtuous living”.

“… There is absolutely no material to lead to the conclusion that that phrase was used in the context of the Varna system or to propagate unfair and inequitable divisions of society in any manner,” the first judgement claims, referring to the research institute’s opinion.

However, in the corrected web copy, the word ‘only’ was added, changing the sentence to: “There is absolutely no material to lead to the conclusion that that phrase was used only in the context of the Varna system or to propagate unfair and inequitable divisions of society in any manner.”

In one of her key observations, the judge had attributed “ferocity” shown by some people in claiming allegiance to certain castes to the benefits made available to them.

“This ferocity among persons belonging to different castes is also, in part, on account of the benefits made available to them. Can one lay the blame for these torturous circumstances entirely on the ancient Varna system?

The answer is emphatically in the negative,” the judge observed.

This statement, which was also widely criticised, is still retained in the new version of the judgement.

Sanatana Dharma Case: ‘Should’ve Known the Consequences,’ SC Tells Udhayanidhi Stalin

The remark came while the Supreme Court was hearing Stalin’s petition to club the FIRs against him in the matter.

New Delhi: The Supreme Court on Monday (March 4) rebuked Tamil Nadu minister Udhayanidhi Stalin for his remarks on the ‘sanatana dharma’ while hearing his petition to club the FIRs against him in the matter.

Stalin, who had compared sanatana dharma to a disease during a speech in September, 2023, has been booked in six states, including Tamil Nadu, Maharashtra, Jammu and Kashmir, Bihar, Uttar Pradesh and Karnataka.

The bench, consisting of Justices Sanjiv Khanna and Dipankar Datta, while addressing the petition, asked him to move the respective high courts and said, “”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?”

Stalin’s counsel, senior advocate Abhishek Manu Singhvi, replied “I have to move six high courts, I’ll constantly be tied up in this…This is persecution before the prosecution.”

Justice Datta then reiterated his disapproval of Stalin’s comments, saying, “You are not a layman. You are a minister. You should know the consequences.”

Singhvi relied on precedents involving Amish Devgan, Arnab Goswami, Nupur Sharma, and Mohammed Zubair, where the Supreme Court allowed the consolidation of FIRs in multiple states. 

The counsel argued that the cause of action in the FIRs was the same, stemming from the Tamil Nadu minister’s controversial remarks.

After much persuasion, the bench agreed to examine the plea and scheduled the next hearing for the following Friday, asking Singhvi to present relevant precedents.

Stalin’s remark

Stalin, a DMK leader and son of Tamil Nadu chief minister MK Stalin, got mired in controversy last September for comparing sanatana dharma to diseases like ‘malaria’ and ‘dengue.’ 

In addition to triggering a political uproar, the comment led to several criminal complaints and PILs seeking action against him. 

The Supreme Court ultimately had to consolidate related petitions to address concerns about the volume of PILs filed over the minister’s remarks.

Sanatana Dharma Row: No One Has Right to Call for Eradication of Any Ideology, Says Madras HC

The court was hearing a writ petition by one Magesh Karthikeyan seeking permission to hold a meeting calling for the eradication of the Dravidian ideology.

New Delhi: No one in India has a right to propagate divisive ideas and conduct meetings for the abolition of any ideology, the Madras high court said in an order last week.

It also held that the Tamil Nadu Police should have taken action against members of the Dravida Munnetra Kazhagam (DMK) who took part in the September 2 meeting titled ‘Sanatana Eradication Conclave’, where minister Udhayanidhi Stalin had likened sanatana dharma to dengue and malaria.

“[The] co-existence of multiple and different ideologies is the identity of this country,” the bench comprising Justice G. Jayachandran said in the order.

It was hearing a writ petition by one Magesh Karthikeyan seeking directions to local police to grant permission for a “meeting about Dravidian ideology”.

Karthikeyan had suggested a Tamil title for his meeting which roughly translates to ‘Dravida Eradication and Tamilian Integration Conclave’.

He said he filed his writ petition in light of an earlier order passed by the high court, which directed police to permit a meeting whose conveners may have contrarian views on Dravidian ideology.

But the bench said this earlier meeting and Karthikeyan’s proposed meeting were different kettles of fish.

“The petitioner herein claims that it is [his] fundamental right to conduct such [a] meeting. The court cannot subscribe to this view,” its order read.

It continued: “No person in this country can have a right to propagate divisive ideas and conduct [meetings] to abolish or eradicate any ideology.”

Also Read: The BJP May End Up Tying Itself in Knots By Attacking Udhayanidhi Stalin

“No one can expect courts to aid them to propagate ideas to create ill-will among the public … If the request of the petitioner is acceded, it will cause further disturbance to the peace and tranquillity of the public,” the bench’s order said.

It also rebuked the organisers of the September 2 ‘Sanatana Eradication Conclave’.

“Some members of the ruling party [the DMK] and ministers participated in the meeting held for eradicating ‘Sanatana Dharma’ and no action has been taken by the police against them, which is a dereliction of duty on the part of the police,” it said.

People “are already fed up by the way some of the fringe groups in support of persons who have taken the oath of office to preserve the spirit of [the] constitution, act in breach of their oath,” the bench claimed in its order.

“This court is of the view that [a] person in power should realise the danger of speech unflaring [sic] fissiparous tendency and behave responsibly and restrain themselves from propagating views which will divide people in the name of ideology, caste and religion.”

“Instead they may concentrate on eradicating intoxicating drinks and drugs which are injuries to health, corruption untouchability and other social [evils],” it concluded before dismissing Karthikeyan’s writ petition.

At the September 2 meeting, Udhayanidhi Stalin – who is also the son of Tamil Nadu chief minister and party president M.K. Stalin – likened sanatana dharma to COVID-19, dengue, and malaria and said that it must not only be opposed but eradicated.

Later in September, the Supreme Court issued notice to Udhayanidhi and the Tamil Nadu government on a petition seeking an investigation into his remarks at the meeting, The Hindu reported.

Those Speaking Against Sanatana Dharma Today Are Fighting 2000 Years of Oppression

As Ambedkar often reminded us, there is no concept of fundamental rights for individuals in Hinduism. Rights and privileges accrued only to communities, based on their birth.

In India, that is Bharat, we are born not Indians or Hindus but Brahmins, Kshatriyas, Vaishyas and Shudras. That is the immutable fact of life. Then Sanatana Dharma or Hinduism (for the limited purpose of this article, the two terms are used as co-terminus) envelopes us as we grow from infancy to childhood and adulthood. That forms our categories of perception, thinking and behaviour. We know we are either the upper castes, the middle ones, or the Shudras and Ati-Shudras – the ‘Panchamas’, those that exist outside the ‘Chaturvarna’ system.

Societies are held together by social structures, and caste became the foundational unit of ours. That base was rationalised by the superstructure of dharma, and people living within the confines of their respective varna dharmas believe that this is ‘sanatana’ – the eternal reality. What is truly sanatana, however, is that “discrimination was internalised as much by its victims as its beneficiaries, on ‘an ascending scale of reverence and a descending scale of contempt’ to the point that it was accepted as the natural order of things and required little or no physical coercion to enforce,” as noted by Babasaheb Ambedkar.

Though Sanatana Dharma has been challenged right from the time of Buddha (500 BCE) to the age of Basavanna in Karnataka, and various other saint-poets of the Bhakti movement in the north and east from the 12th century to the 15th century, to Ambedkar in the 20th century, the structure of inequality and injustice has become more entrenched than ever. The Dravidians and the Dalits have always had a problematic relationship with Sanatana Dharma not because they suspect its philosophical core but because it creates disabilities by institutionalising violence against them and offers no hope of redemption from their unjust and oppressive station in life.

As Ambedkar often reminded us, there is no concept of fundamental rights for individuals in Hinduism. Rights and privileges accrued only to communities, based on their birth. There is no notion of ‘Liberty, Equality, Fraternity’ for and among citizens in Hinduism. Equality did not exist, liberty was defined and restricted by one’s caste or status, and the absence of these precluded fraternity among people. Brahmins, Kshatriyas and Vaishyas could enjoy the liberty to pursue their ‘Jati Dharma’ and were entitled to equality and fraternity within their own communities and, as per convenience, between members of those communities. Left out of this possibility of fraternity were the Shudras, who were not equal and who did not have liberty. They only had duties, and those were to serve all other castes above them.

Photo: The Wire

One might argue that judging our ancient scriptures by the values of European enlightenment and modern ideas is incorrect and that they should be measured for their own intrinsic worth. But then, should they continue to guide the lives of Hindus in the 21st century?

There is a more important question as to whether the dharma shastras and sutras were applied in real life even in those times or whether they were merely envisaged as norms to be applied in an ideal world. Scholars widely disagree on this. While the famed Indologist Pandurang Vaman Kane, in his five-volume History of Dharma Shastras (1930 to 1962) implicitly asserted that the texts provide a true picture of social life in ancient India, Govind Das, in his work The Real Character of Hindu Law (1914) called these texts as nothing more than “a pious wish of metaphysically minded, ceremonial ridden priestly promulgators, but seldom a stern reality”.

What mattered more to the mass of Indian people, however, were the opinions of the then British rulers. In fact, Max Mueller, the leading educator of Europeans on Hinduism, held that even for those not involved in the administration of India, “They (the Hindu scriptures) were of great importance for forming a correct view of the old state of society in India.” In 1772, Warren Hastings, as Governor of Bengal, unwittingly made a revolutionary promulgation to “prevent Indians from being subjected to English Law” and enacted a decree to the effect that “in matters of inheritance, marriage and other religious matters, the Gentoos shall be governed by the Laws of the Shaster; the Muhammadans by the Laws of the Koran”.

In other words, from 1772 onwards, the entire undefined body of the dharma shastras was elevated en bloc to the rank of law books to be used by the Anglo-Indian courts. This resulted in ludicrous attempts to appoint some Sanskrit pandits, who had their own interests, as advisers to British judges to interpret the dharma shastras and sutras.

In a recently published book, Caste Pride by Manoj Mitta, there are some insightful, researched findings on how the dharma shastra-led legal codes and mindset have influenced our society since 1795 and how caste inequities continue to play out even today. Here are a few gems:

1829: Defying the pressure and clout of the upper castes, William Bentinck abolishes ‘Sati’ by enacting a law that those who abet it shall be deemed guilty of ‘culpable homicide’.

1850: Protecting the inheritance rights of any Hindu who is ‘deprived of caste’, Lord Dalhousie enacts the first-ever national law on caste disabilities.

1855: The London-based Privy Council upholds the claim of Rajputs to the varna status of Kshatriyas, thereby rejecting the Brahmin theory that they had all been annihilated by sage Parashurama.

2018: The Narendra Modi government repeals the 1850 law on ‘caste disabilities.’

The 1850 Act permitted a ‘converted Hindu’ or one who marries outside their religion and their successors to inherit property, and that right was taken away in 2018 by repealing the enactment of Lord Dalhousie. The Modi government thus restored the power of the Hindu patriarch to ‘deprive caste status’ and deny his children the right to inherit property if they married outside their caste or religion. Thus, a dharma shastra code that even Lord Dalhousie found abhorrent was restored by the Modi government.

It is ironic that Prime Minister Modi is now accusing others of “restoring 1,000 years of slavery”. He should realise that those who are speaking up against sanatana dharma today are fighting the very slavery they have suffered for 2,000 years.

Ravi Joshi is a former Cabinet Secretariat official.

This article was originally published in the Deccan Herald.

Delhi Ramleela Body Says 650 Effigies of ‘Sanatana Dharma Critics’ to be Burned

The Ramleela apex body took the decision after being asked by the BJP to draw attention towards an alleged ‘anti-sanatana dharma campaign’.

New Delhi: In addition to Ravana, Kumbhakarna and Meghnad, at least 650 effigies of those who have criticised the sanatana dharma will reportedly be burnt on Dussehra (October 24).

The move has come in response to Tamil actor and politician Udhayanidhi Stalin’s criticism of sanatana dharma last month as “a principle that divides people in the name of caste and religion” the Indian Express reported.

“While statues of the epic villains will be 80 ft to 100 ft tall, those of the Sanatan Dharma Vidrohi, ie opponents of sanatana dharma, will be small, between 6 and 15 ft, to show how insignificant they are,” Arjun Kumar, president of Shree Ramleela Mahasangh, the umbrella body of Ramleela organisers in Delhi, told the Indian Express.

He failed to mention why so many effigies were going to be built, paid for and set on fire if the critics were in fact insignificant.

The Ramleela apex body was asked by the Bharatiya Janata Party (BJP) to draw attention towards an alleged ‘anti-sanatana dharma campaign’ being run by some political leaders.

On September 23, under instructions from Delhi BJP president Virendra Sachdeva, regional party spokesperson and media head Praveen Shankar Kapoor sent a letter appealing to Ramleela committees referring to “the anti-Sanatan Dharma campaign being run by several political leaders, including Udhayanidhi Stalin of Tamil Nadu, Swami Prasad Maurya of UP and Rajendra Pal Gautam of Delhi”.

Impact on air quality

Effigies burnt on Dussehra are typically made of iron mesh, bamboo, paper and are stuffed with firecrackers. Every year, Delhi’s Air Quality Index (AQI) worsens after Ravana effigies are burnt as part of festive celebrations.

In 2020, the concentration of pollutants (PM2.5, PM10) doubled at five monitoring stations – Patparganj, India Gate, Dwarka, Najafgarh and Mundka – hours after the effigy burning began. Officials, at the time, had clarified that firecrackers were the only additional air pollution source that was added to Delhi after 6 pm on the day of the festival. Delhi’s AQI deteriorated soon after Ravana effigies were burnt in 2019 as well, officials had said.

In 2021, on the day of the festival, PM 10 was at 96 micrograms per cubic metre at the monitoring station in Dwarka at 6 pm and increased to 950 micrograms per cubic metre by 10 pm, India Today had reported.

In RK Puram, the PM 10 levels was 332 micrograms per cubic metre at 9 pm, which was double the levels before sunset, the report said.

Despite the drastic increase in pollutant levels, Delhi chief minister Arvind Kejriwal had thanked Ramleela committees for ensuring that less crackers were used since the AQI on Dussehra in 2021 was the lowest compared to the previous years.

The BJP Can Only ‘Defend’ an Orthodox Position of Sanatana Dharma Where ‘Meanings’ Do Not Matter

The sharp exchange between Udhayanidhi Stalin and the BJP points to the wide gap between the pre-19th century meaning of Sanatana Dharma and its 19th-century position as a signifier of orthodoxy.

Udhayanidhi Stalin and the Bharatiya Janata Party’s (BJP) confrontation over remarks on Sanatana Dharma made by the former has triggered a raging controversy and much has been written on this. The heading of this interview of Karthick Ram Manoharan expresses how the BJP may defend sanatana dharma without defining it.

The logical question that arises is, how can one defend something not knowing what they are defending? But this is exactly how the BJP is defending its position in this controversy.

This, in fact, was the position of a particular brand of Hinduism that emerged in the 19th-century history of India, where orthodoxy became a signifier of such a brand. The BJP seems to be asserting that particular position of sanatana dharma, a position that captures an orthodoxy and regressiveness in the name of tradition, and one that the Sangh parivar is so anxious to preserve.

It should come as no surprise that for the BJP, it is this position of orthodoxy that matters; sanatana dharma’s meanings and definitions do not.

The sharp exchange between Udhayanidhi and the BJP, particularly of their IT cell chief Amit Malviya on this issue, foregrounds a meaning-position dichotomy of the phrase ‘sanatana dharma’ – i.e. it points up the wide gap between the understanding of the pre-19th century meaning of the phrase and its 19th century position as a signifier of orthodoxy.

Knowing that this position is embarrassing to defend, sanatana dharma is often couched in terms of moral values and defended by maintaining an elevated tone.

Recently, a judge of the Madras high court, Justice N. Seshasayee, seems to have adopted such a tone in the wake of the present controversy, while posing a series of rhetorical questions as:  “Should not a citizen love his country? Is he not under a duty to serve his nation? Should not the parents be cared for?”

A package of such common sense human values, responsibilities of an individual and standards of behaviour and conduct is brought forward, labelled as sanatana dharma and then defended.

Also Read: What Is Sanatana Dharma?

Udhayanidhi’s sharp criticism of sanatana dharma was definitely not against such values, but was actually directed against the position of orthodoxy, a position that underlies the politics of Hindu nationalism or the Hindu rashtra.

It would be significant to understand the kinds of meanings associated with this phrase ‘sanatana dharma’, very briefly, and see the distinction between this understanding and the position adopted by the Hindu orthodoxy of the 19th century, in which the phrase got appropriated to refer to Hinduism in its entirety.

Meanings of sanatana dharma

Vaishali Jayaraman, a scholar, has given an exhaustive coverage of the various meanings of sanatana dharma and the contexts of its use from her study of Sanskrit classical literature like the Mahabharata, the Ramayana, the Puranas and the Dharmashastras.

Even she, who appears to be favourably oriented towards this pre-19th century concept of sanatana dharma, notes that the concept is “vague in the extent of its definition”, and doesn’t find a uniform meaning in her analysis of classical texts. Further, the phrase has never been used as a self-description or characterisation of any one religious group or tradition among many in these texts.

There is a wide range of connotation of the phrase ‘sanatana dharma’ in these classical texts, and the following marks its semantic variations (for a detailed textual analysis of meaning one can see here. I just list out some):

a) Social etiquette

b) Denotes a list of duties of the king with several dos and don’ts he should follow. The protection of varnashrama dharma (a rigid social order of four castes where the lowest, the shudra, serves the three higher castes – brahmin, kshatriya and vaishya) is one of his very important duties.

c) It is constituted by a mix of different dharmas

d) Principles of a specific concept, like truth

e) A social norm that enables one to act according to a set of rules

f) A general principle or a universally accepted value for an individual to follow

g) A general way of the world, an observation or truth

h) Duties and responsibilities of an individual at both a personal and professional level.

Also Read: Saakhi: Sanatana Dharma on Caste, Dissent and Democracy

However, the Mahabharata doesn’t provide a synoptic account of sanatana dharma. This phrase, as a philosophical and ethical concept, was also not taken up for critical reflection.

In the classical literature of earlier times, sanatana dharma carries various connotations, with emphasis on the idea of the rigid social hierarchical order of caste. Later, in the 19th century, the sanatani movement gained significance from the traditionalist’s encounter with the missionaries and the Hindu reformers.

Orthodoxy of Sanatana Dharma

In the classical literature, Sanatana Dharma was never a term of self-description or self-assertion signifying a religious identity. Nor does this phrase mark a constituency holding a certain religious position before the late 19th century.

Pandit Shraddha Ram Phillauri and Pandit Din Dayalu Sharma were the two leaders who pitched aggressively the idea of the orthodox brand of Hinduism as sanatana dharma. Their opponents were, primarily, Hindu reformists and Christian missionaries. As Kenneth W. Jones, a distinguished scholar of South Asian history, notes in his essay, “Two Sanatan Dharma Leaders and Swami Vivekananda: A Comparison”:

“During the nineteenth century, there arose throughout British India a series of religious movements that can loosely be labelled as defensive of the various religious traditions then dominant.

Among Hindus such groups were classed as ‘Sanatanists’, defenders of sanatana dharma, the Eternal Religion. They saw themselves as champions of orthodoxy who fought all attempts at religious and social reform. Sanatanists have also been labelled as opponents of change, enemies of ‘modernisation’ and Westernisation, thus reactionaries attempting to stem the tide of history.”

Shraddha Ram very strongly advocated for the caste system and also the idea of untouchability that follows from it. He uses the term “dwij dharm” for the three upper castes and “neech admi” for the shudras. The extent of his extremely toxic and regressive views can be gauged from what he says in one instance:

“Meeting, touching, eating, drinking with them is forbidden in our shastras. Should we meet them through force, or need or error, then doing prayaschit [atonement] is necessary. Then as far as possible we Hindus should remain distant from them.” (quoted from the above essay of Kenneth W. Jones).

The views of Sharma, the other leader, in this regard are no different. This was the orthodox position that was defended as sanatana dharma. The signifier was the orthodoxy and not the eternal values – as it is sometimes made out to be by appealing to the etymology of the phrase. It is this position that the movement assumes is predominant than the meaning.

As John Zavos, a scholar of South Asian religions, argues, this idea or position is a “prominent feature of modern Hinduism in accounts of political and social history”. That position was one of traditional orthodoxy. The Dharma Sabhas of the nineteenth century were primarily instrumental in creating and nurturing the force of orthodoxy.

This orthodoxy became an important constituency, politically, in articulating modern Hindusim of the orthodox kind (of the Dharma Sabhas) in the public colonial space, as against the reformist kind of modern Hinduism of the Samajas (primarily the Arya Samaj and the Brahma Samaj). Sanatana dharma thus became a signifier of orthodoxy, as Zavos contends.

One has to note that there is a major shift in the meaning of sanatana dharma, from the one laid out in the classical literature to the one that finds expression in the discourse of 19th-century orthodox Hinduism. In this discourse, the phrase was used as a self-description of one’s religious tradition. In this self-description, it becomes important how others perceive this tradition.

Also Read: Sanatan Dharma: An Ideology or the Entire Hindu Community?

The idea of sanatana encapsulates the idea of ancientness, eternality, permanence and universalism. Dharma was some kind of law that holds a universal order which subsumes the social order. In their mode of self-representation and self-description, these characteristics were drawn upon only to project the idea of the greatness of this religion that has persisted over a long period of time.

Sanatana dharma becomes a signifier of a position of, as Zavos terms it, “amorphous homogeneity”, but underlying this homogeneity is the rigid and regressive orthodoxy.

It emerged as a symbol of orthodoxy in the Dharma Sabhas’ articulation of its own brand of Hinduism, and as Zavos further argues, without developing a “doctrinally coherent and universally recognisable set of beliefs”.

Such a position of the orthodoxy of the 19th-century focused on practices and structures which clearly upheld caste hierarchy, the subjugation of women and all other regressive ideas. These elements came together to stand for tradition, and the Dharma Sabhas of 19th-century India aggressively supported it under the umbrella of sanatana dharma.

Eradication of regressive orthodoxy, not genocide

Udhayanidhi called for an eradication of the regressive orthodoxy of the kind that prevailed in the 19th-century  , because it was clearly discriminatory. Amit Malviya leaps from this remark by Udhayanidhi on sanatana dharma – that it must be eradicated and not merely opposed – to claim that “he is calling for genocide of 80% population of Bharat, who follow Sanatan Dharma”.

Genocide is a word coined by Raphael Lemkin, by whose indefatigable lobbying the UN adopted the Convention on the Prevention and Punishment of the Crime of Genocide (1948). In its definition, genocide is an act intended “to destroy, in whole or in part, a national, ethnical, racial or religious group”.

If Malviya terms Udhayanidhi’s calling for eradication as genocide, then his (Malviya’s) understanding presupposed that sanatana dharma is a religious group, which he further follows up by saying that 80% of the population of Bharat are followers of this dharma.

Also Read: The Challenge to Sanatana Dharma from a Radical Politics of Emancipation

It is here that one needs to question Malviya’s or the BJP’s understanding of the phrase. Do they subscribe to a very specific meaning of sanatana dharma, or to a positional sense of the orthodoxy of the Dharma Sabhas?

It appears from the presupposition of his statement that it is the latter, because it is in this sense that it is represented as a constituency, and Malviya’s statement referring to 80% of the population being its followers also clearly demarcates an identifiable sense of religious constituency.

If this be the case, then the implication is clear that it is the position of the orthodoxy of the 19th-century Dharma Sabhas’ type that the BJP supports in its defence of sanatana dharma.

Further, it is significant to note that this notion of Hindu orthodoxy was later transformed politically in the hands of V.D. Savarkar as Hindu nationalism calling for a Hindu rashtra. So when Udhayanidhi calls for the eradication of sanatana dharma, it is not only the regressive orthodoxy, but also this idea behind the politics of a Hindu rashtra that he is calling for the eradication of. It is in this way that his statement has to be viewed.

S.K. Arun Murthi has taught philosophy in the Humanities and the Social Sciences department, Indian Institute of Science Education and Research, Mohali, Punjab.

Saakhi: Sanatana Dharma on Caste, Dissent and Democracy

The Sanatana Dharma for which many in the BJP are willing to wage a war may at best be one of the small tributaries of a vast and perpetually self-renewing legacy of a mighty cultural flow of Hindu religion in India.

Saakhi is a Sunday column from Mrinal Pande, in which she writes of what she sees and also participates in. That has been her burden to bear ever since she embarked on a life as a journalist, writer, editor, author and as chairperson of Prasar Bharti. Her journey of being a witness-participant continues.

As they exist, at the core of each nation is a structure. Those who wish to bring about a revolutionary change in it must grapple with this core. Four thousand years ago, the Rigveda defined these perennial (sanatana) laws as Dharma. No not as a religion, but as a set of certain universal principles that guide all life and nature itself. The root word for Dharma is Dhri, meaning a set of guiding principles that carry and sustain order in the universe. The Buddha called it Dhamma in Pali. Over time, the word expanded and created specific Dhammas for specific professions followed by Indians. Jati or caste system, as it exists and was cauterised out of our constitution, was then not set in stone.

Two thousand years later, during the Mahabharata wars, Ved Vyas was witness to a drastic change in familial and feudal systems. At the time when brother was killing brother, he invoked Dharma as the structure holding peoples following various religions. Dharma stands as the socio-political scene upside down when embodied as a god. He sends a pompous Brahmin to learn the essence of real Dharma from a lowly seller of dog meat. The Dharma that supports the state and must be supported, in turn, by the state if it wishes to survive, he said.

Illustration: Pariplab Chakraborty

In democratic India, the structure is built upon the same concept of Dharma as laws codified. When we, the citizens, gave ourselves a constitution, it was that Dharma we swore by. As a symbol, we used Ashoka’s lion pillar, and for the laws, we copiously used the Ashokan code, accepting practices for governance that include regular interaction: Yatras by the ruler and his officials to meet with people of all faiths for exchange of any new ideas on Dhamma: जानपदसा च जनसा दसनी धमनुसथि स धम…

Under this interpretation, the argumentative Indians spoke and doubted together and held civil, military, and intra-religious discourses that threw up various branches of Dhamma and also routinely created dissenting sects.

Such an acceptance of other religions and regular grafting of other kinds of thoughts and cultures onto the tree of religion, while lopping off dead wood, is the only Dharma by which a multi cultural India can survive. It is best described by poet critic Rajshekhar as Sweekaran or ingestion of the other’s ideas and their recreation. The grammarian Panini has supported this cross fertilisation by mandating: After those who know better have spoken, listen to them (इतिवर्णविद: परहूर्निपुणं तम् न्यबोधत). The Aitareya Brahmin text too emphasises travel and exchange as necessary to keep alive Dhrama मह्यम् चरते भवन्तु. Let’s keep moving!

Suddenly, we have stopped moving it seems. And we no longer have multilateral conversations with our leaders and among ourselves! No, don’t blame the cell phone or the social media. From the latest stance taken by the ruling party against the Southern criticism of the Sanatana Dharma, it seems that the party assumes peoples’ Dharma is synonymous with Sanatan Dharma. But they overlooked the fact that the prefix Sanatana to Dharma actually came up north from the south with Adi Shankaracharya and Ramanujacharya around 8-10th century. By the time the four Mutts were established and Vaishnava and Shaivite sects unified and handed to the laity as Sanatana Dharma, much water had flown down the holy rivers.

The once elastic caste system (originally designated as a badge of identity for large number of tribes that came into India to settle) was well on its way to becoming an ironclad hierarchy under the code of Manu. The priestly class, led often by the four Shankaracharyas, now placed Brahmins on top followed by the Kshatriyas and then the trading community (Vaishyas). Under this remodeling of Sanatan Hindu Dharma India horribly mistreated the rest and stamped them as Shudra or untouchables forcing them for centuries to live on the peripheries of society, frankly accepted in public by the head of the RSS Mohan Bhagwat.

Illustration: Pariplab Chakraborty

So why such outrage over remarks made by some leaders whose parties in any case have never subscribed to the Manuvadi variety of Sanatan Dharma?

Sanatan, as the scholar Vidya Niwas Mishra has also explained, does not mean a static set of laws, but any constantly flowing system of thought that renews itself as times change. Look at the heroes from the Vedic Sramana lit to the epics, great religious leadrs like the Buddha, Mahavira, Guru Gorakhnath, they were wanderers meeting people and getting to know them personally to modify Dharma and purge it of the poisonous substances it may have accumulated along the flow. It is this history from Vedic Shramanas to Gandhi that had created the need for meeting places for the laity and the seekers, modifiers of Dharma that sustains the state and is sustained by it in turn.

Neither scientists nor religious men and women live in a free-floating bubble. In the age of AI and digitisation, we face AI and new tech as our ancestors faced Buddha’s Dhamma or Gandhi’s Satyagraha, on their own terms. This Santana Hindutva for which many in the BJP armies are willing to wage a Mahabharat may at best be one of the small tributaries of a vast and perpetually self-renewing legacy of a mighty cultural flow of Hindu religion in India.

Even the great Vedic scholar Shankaracharya we must remind ourselves propounded the abstract philosophy of Advaita for ascetics like himself. The Sanatan Dharma overloaded with rituals and many historically incorrect details is far removed from its form created for the householders as Smarta. For ease of holding on to basics of Vedic, Vaishnavite and Shaiv traditions Shankara mixed the various pantheons and laid down the norms of Panchayatan Pooja (worship of gods Shiv, Vishnu, Lakshmi, Ganesh, and Surya from all three camps). Also remarkable that he himself lived as a celibate monk and never called himself Jagadguru. This was a title his successors occupying the four Mutts he created at some point invented for themselves.

As we face great anxieties and displacements both within the country and in the wider world, we must counter our fragmented history so full of forgetting. Of drifting inside dreams to escape the dis-logic of inequalities, of a ruined ecology, of ghost villages, of parents left alone to age surrounded by the latest gadgets they scarcely use or understand or need. Who we are not. At this point, old questions from our past become relevant once again. Nachiketa facing Yama and asking: Koham? Kutoaayatah? Ka me Mata? Ko Pita ? (Who am I really? Where from? Who is my mother? My father?)

The Sanatan Dharma the regime and its supporters propagate today is largely incapable of satisfying all Hindus. This is the greatest weakness both physical and psychological against which the southern republics are raising their voice. They need to be heard with respect and patience. A version of Sanatan Dharma, which on grounds of caste and gender, treats women, minorities, and the Dalits with scorn bordering on contempt can not be acceptable to a great democracy with multiple religions. Today, a  sense of victory and the euphoria marks our capital which is all aglow now with a thousand multicoloured lights. This Delhi is feverish, its movers and shakers spinning in SUVs, shaking hands with dignitaries are unable to go around, meet its citizenry and reflect on what it is that the dissenters are saying.

There must be noble intentions and lofty ideals behind this great civilisational exhibition of the world’s largest Democracy as a nation under one great leader, one ancient Dharma. But the real Dharma spelt out by our constitution, meeting your people, listening to them and also those who dissent, including the Janata of you Janpad in all decisions, that lies neglected and broken. The people see the carved lions, elephants and a gigantic dancing Natraja in front of a Mandapam, a Kartavya Path only on TV screens. The roads leading to them are currently closed to the citizens.

In the stifling heat, an overcrowded city full of slums must live indoors and hidden behind coloured tin sheets. In such an atmosphere symbols of sublime ideals like the three lions atop the new parliament, the golden sceptre Sengol, installed in the parliament amid an elaborate ritual performed by priests, the water fountains spouting water they are severely deprived of, everything begins to look if not like a caricature, a hollow relic from some hallowed past fast evaporating in a mist of non-communication and suspicion.

After the summit is over, as a matter of reflex and custom millions of citizens may go on repeating their usual daily routines and rituals. They may even plan to go on pilgrimages chanting slogans in praise of The Mother for Navratri. But even they are not unaware by now how this massive build up for ritualistic Sanatana Hindutva is ruining its holiest shrines set in ecologically sensitive areas.

Each time we emerge out of these increasingly feverish religious festivities and global events, reality feels more and more like the pinch of ill-fitting shoes. On morning walks, in office rooms, the Pan shops, we look uncomfortably in each other’s eyes when we meet each other. We shy away from conversations even about the change of climate. At that point, we stop being true to our real Dharma legacy; a legacy carved in stone on the portals of the old parliament, “Truth alone wins,” “Let’s move together, sit together, talk together.” The whole world is our family, Vasudhaiv Kutumbakam!

Mrinal Pande is a writer and veteran journalist.

‘Sanatana Dharma’ Row: TN Police File Counter FIRs Against BJP’s Amit Malviya, Ayodhya Priest

Paramhans Das was booked for allegedly issuing death threats to Udhayanidhi while Malviya has been accused of triggering tension and inciting violence against the minister.

New Delhi: A day after Uttar Pradesh police booked Tamil Nadu minister Udhayanidi Stalin and Karnataka minister Priyank Kharge over the ‘Sanatana Dharma’ remark controversy, the Tamil Nadu police has filed counter FIRs against Bharatiya Janata Party (BJP) IT cell leader Amit Malviya and Ayodhya priest Paramhans Das on Wednesday (September 6). 

Das was booked for allegedly issuing death threats to Udhayanidhi while Malviya has been accused of triggering tension and inciting violence against the minister. The two face charges under multiple sections of IPC, including provocation to cause a riot, promoting enmity, and criminal intimidation, the Indian Express reported

An FIR against Udhayanidhi and Kharge was registered in UP’s Rampur on Tuesday (September 6) by one Ram Singh Lodhi, a lawyer, who alleged that his religious sentiments had been hurt by the statements made against sanatana dharma. 

Udhayanidhi, while attending an event titled ‘Sanatana Ozhippu Maanaadu’ [‘Sanatana Abolition Conclave’] organised by the Tamil Nadu Progressive Writers and Artists Association to critique the concept of sanatana dharma, had said, “I congratulate the organisers for calling the conference as ‘eradication of sanatana dharma’ instead of ‘opposing sanatana dharma’…There are certain things which we have to eradicate and we cannot merely oppose. Mosquitoes, dengue, corona and malaria are things which we cannot oppose, we have to eradicate them. Sanatanam is also like this. Eradication and not opposing sanatanam has to be our first task.” 

The statement sparked a controversy after Malviya interpreted the remarks as a “call for [the] genocide” of sanatanis, who he claimed comprise “80% [of the] population of Bharat”.

Commenting on Udhayanidhi’s remarks, Kharge had said, “…Any religion that does not have equal rights and does not treat you as a human being is as good as a disease.”

In a statement on Wednesday, Tamil Nadu police said Das had announced a reward of Rs 10 crore for anyone who could behead Udhayanidhi. According to the complainant, Dravida Munnetra Kazhagam’s (DMK’s) Madurai city unit legal adviser J. Devasenan, the Ayodhya religious leader had said that if no one came forward, he would take on the task himself.

“This brazen threat was followed by the release of a video where a photo of the minister was symbolically pierced with a sword,” the statement said. It said the video led to “widespread fear and religious tension” among people in Tamil Nadu.

“Malviya is said to have distorted the essence of (Udayanidhi’s) speech. Malviya purportedly suggested that the minister incited violence against those practising Sanatan Dharma…. Udhayanidhi clarified his stand, stating he had never incited any form of violence…that he had always stood up against social injustices perpetrated by certain elements within religious frameworks, drawing parallels with societal harm caused by diseases,” the police was quoted by the Indian Express as saying.

 

What Is Sanatana Dharma?

Dr B.R. Ambedkar must be our guiding light in understanding what “sanatana dharma” is today – nothing more than a re-branding of the inhuman and anti-social caste system, intended to maintain and strengthen it. 

Udayanidhi Stalin’s remark that “Sanatana dharma should not be opposed, but should be eradicated like dengue and malaria” has greatly enraged Hindutva forces. They have interpreted Stalin’s remarks as a call for genocide of Hindus.

What is sanatana dharma?

Dharma refers to the values, beliefs, institutions and systems on which life, and the universe itself stands (“dharayati iti Dharma”). As sanatana means “eternal” in Sanskrit, “Sanatana Dharma” refers to an “eternal Dharma”, the unchanging order of the universe.

What is the eternal, unchanging order of the universe (sanatana dharma) according to scriptures which are accepted as authoritative by those who believe in Sanatana Dharma as a religion?

Manu states that Veda, Smriti, Sadachara and Atma Tushti are the four constitutive elements (lakshanas) of Dharma (वेद : स्मृति सदाचार स्वस्य च प्रियमात्मन:/एतश्चतुर्विदं प्राहुः साक्षाद् धर्मस्य लक्षणम् Manu Smriti, 2. 12). Manusmriti defines Sadachara as the traditional practice of Varnashrama Dharma that has been all along practiced in Aryavarta (aka Brahmavarta). Manu mandates that svadharma is varnadharma (वरं स्वधर्मो विगुणः न पारक्यः स्वनुष्ठितः/परधर्मेण जीवन्  हि सध्यः पतति जातितः ‘Manu. 10. 97).

The Bhagavada Puranam makes it clear that dharma is Varnashrama Dharma (वर्णाश्रमवतां धर्मे नष्टे वेदपथे नृणां (12.2.12)). It says that those born  from the ‘higher’ organs of Virat Purusha are exalted and those born from inferior body parts of Virat Purusha are lowly (वर्णानामाश्रमाणां च जन्मभूम्यनुसारिणी:/आसन् प्रकृतयो नृणां नीचैर्निचोत्तमोत्तमः 11. 17. 15 ).

What is varnashrama dharma?

Says Manusmriti, “Varnasharama is the hereditary order of the four varnas and those who are products of permitted inter-Varna relationships (i.e., antaralas, the product of anuloma relationships)” (तस्मिन् देशे य आचार: पारम्पर्य क्रमागतः/वर्णानां सान्तरालानां स सदाचार उच्यते, Manusmriti 2.18).

Varnashrama dharma imposes specific roles and duties on each varna. According to the Manusmriti, the Brahmin’s swadharma is study, teaching, yaajanam (receipt of gifts) and yajna (यज्ञ ). In contrast, the duty of the Shudra is service of the Dvijas (द्विजाति शुश्रूषा ). A Shudra does not have the right to accumulate wealth or to engage in learning or any other activity. Chandalas (including out-castes, the vast majority of our people) who  are considered by authors of  Dharmashastra as “walking graveyards”.

Vyavahara Mala (there are various versions, this reference is to the version in the Thiruvananthapuram Ancient Manuscripts Library) treats the performance of occupations assigned to one’s varna as Dharma. It says that every one must engage only in the occupation of their varna. Performing the occupation of other varnas will only invite disaster (सर्वेषामेव वर्णानां एवं धर्म्यो धनागमः/विपर्यादधर्मस्यान्न चेदापद् गरीयसी ). As varna is acquired by birth, Vyavahara Mala holds that acquisition of a varna different from that into which one is born, by performing the occupation of a different varna, is a punishable offence. It commands kings to punish Shudras who wear sacred threads like Brahmins (तान् सर्वान् खादयेद्राजा शूद्रांश्च द्विज लिंगिनः)

Shankaracharya’s Advaita philosophy, much admired as enlightened, accepts Chaturvanya. While interpreting the revelation in the Bhagvad Gita that God created chaturvanya” (“चातुर्वर्ण्यं मया सृष्टं”), Shankaracharya says in his Gita Bhashyam that the Purusha Sukta in the Rg Veda is correct — that humans are created by God in four varnas born from various organs of Virat Purusha in order of merit, “brahmins from the face, etc”., leaving out the rest as sub-human (चत्वार एव वर्णा : चातुर्वर्ण्यं मया इश्वरेण सृष्टं उत्पादितं व्राह्मणो स्य मुखमासीद् इत्यादि श्रुतेः). In Shankacharya’sBrihadaranyaka Upanishad Shankara Bhashyam, he accepts the varnashrama division and interprets the word “Brahma” as meaning ‘the source of protection of the pride of the Brahmin caste’ (ब्राहमण जात्यभिमानात् ब्रह्मेत्यभिधीयते, 1. 4. 11).

Arthashastra warns that if this dharma is violated, the result will be a world with abhorrent hybrid and impure races (तस्याति क्रमे लोकः सङकरादुच्छिध्येते).Manu holds that varna hybridisation occurs through prohibited intermarriage and inter-relationships between varnas where the varna order is abandoned (व्यभिचारेण वर्णानामवेद्या वेदनेन च/स्वकर्माणां च त्यागेन जायन्ते वर्ण सङकराः). Manu also holds that wherever there is inter-mingling of varnas, the purity of varna is destroyed and the country will perish along with the inhabitants of the country (यत्र त्वेते परिध्वंसा जायन्ते वर्ण दुषकाः/राष्ट्रिकैः सह तद्राष्ट्रं क्षिप्रमेव विनश्यति  Manu . 10. 16 ). In the Bhagwad Gita, Arjuna also worries that the caste will perish due to marriages that violate the caste order (Gita, 1.40). The Bhagavada Puranam says that Lord Vasudeva will reincarnate to protect varnashramadharma when it starts to be destroyed (तावहत्यै कलेरन्ते  वासुदेवानु शिक्षितौ/वर्णाश्रमयुतं धर्मं पूर्ववत्प्रथयिष्यते, 12. 3 . 38).

It is therefore beyond question that what the Dharmashastra and Purana texts define and interpret as Dharma, and what is meant by sanatana dharma, is varnashrama dharma, the duty to eternally maintain the varnashrama social order and world-view.

In a January 1950 lecture delivered in Sivagiri, Kerala, the renowned Kerala social reformer and thinker “Sahodaran” Ayyappan, disciple of Narayana Guru, specifically warned that the caste system is being promoted under the guise of “Dharma”. Ayyappan wrote in his poem ‘Parivatanam (Change)’ that what goes under names such as “sanatana dharma” and “varnashrama” dharma is the religion built by the Brahmins which lowers the other (those who are not Savarnas) as inferior. In an address presented to Mahatma Gandhi during Gandhi’s visit to Kerala in 1934, Sahodaran said that it is this “cruel” dharma called varnashramadharma that makes people in India destitute. Dr B.R. Ambedkar wrote, “Vedas and Shastras, which reject rationality and reject morality, should be destroyed with dynamite,” because the Vedas and Dharmashastras are the foundational precepts of maintaining the caste-violent hierarchical social system of varnashrama dharma.

Narayana Guru, Sahodaran Ayyappan, Periyar and Ambedkar courageously rejected the attempt to strengthen the caste system by disguising it as a ‘glorious’ “sanatana” tradition. Having embraced Buddhism along with his lakhs of followers, Ambedkar totally rejected sanatana dharma, unfazed by violent attacks by Brahmanist ideology.

Ambedkar must be our guiding light in understanding what “sanatana dharma” is today – nothing more than a re-branding of the inhuman and anti-social caste system, intended to maintain and strengthen it.

Dr T.S. Syam Kumar holds a doctorate in Sanskrit Literature from the Sree Sankaracharya Sanskrit University, Kalady, Kerala.

The Malayalam version of this article was first published by Suprabhaatham.

‘Diversionary Tactic’: AIADMK’s Palaniswami on Udhayanidhi Stalin’s Sanatana Remark

AIADMK general secretary Edappadi Palaniswami claimed that Udhayanidhi Stalin was trying to boost himself and the news media was helping him.

Three days after Tamil Nadu sports and youth welfare minister Udhayanidhi Stalin’s remark on sanatana dharma erupted into a controversy, AIADMK general secretary Edappadi Palaniswami commented that the DMK wanted to make it a talking point only to divert attention from other issues in the state.

Speaking to reporters in Coimbatore on Tuesday, 5 September, Palaniswami said: “The law-and-order situation in the state has deteriorated. The state is now seeing easy availability of drugs to the youngsters, an increase in the price of essential commodities, and a hike in property tax, and thereby people are suffering under the DMK government.”

He added: “In order to divert people’s attention from all these issues, Udhayanidhi has staged a drama called the abolition of Sanatana Dharma.”

EPS continued: “When Ram Nath Kovind contested the Presidential election, the DMK, which now speaks about the Sanatana Dharma, voted against him and even against current President Droupadi Murumu. The DMK even abused former Tamil Nadu Assembly Speaker P Dhanapal and DMK organising secretary RS Bharathi and also talked ill about the appointment of a Dalit judge. This is the dharma of the DMK.”

Asked about the stand of the AIADMK on the issue, Palaniswami said that his party was beyond the factors of caste and religion.

‘Udhayanidhi is a symbol of nepotism’

On Monday, Udhayanidhi told reporters in Chennai to ask for the stand of the AIADMK on the “Sanathana Dharma issue”.

When reporters asked Palaniswami about it, the AIADMK general secretary said that Udhayanidhi was trying to boost himself and the news media was helping him.

“What has he done as a minister? Except for being the grandson of Karunanidhi and the son of Stalin, Udhayanidhi doesn’t have any qualifications. He is a symbol of nepotism which is high in the DMK,” said EPS.

“Can a DMK cadre become a chief minister or leader of the party? Even DMK ministers say that they will accept Udhayanidhi’s son as their leader,” he added.

“This is the pitiful state of the DMK. The DMK is not a party. It is a corporate company,” he claimed.

Why is Stalin afraid of elections?

When asked about M.K. Stalin’s “One Nation, One Election” stand, Palaniswami said: “Stalin claims he is the best chief minister in the entire country. Then, why is he afraid of elections? Let him face the people and election again and prove his claim.”

He added: “Tamil Nadu is the state that has the highest debt. This is the only achievement of Stalin in his two-and-a-half years’ tenure. People will teach the DMK a lesson in the Lok Sabha elections for upholding dynastic politics.”

Edappadi K. Palaniswami. Photo: Facebook/Edappadi K. Palaniswami

Meanwhile, 262 eminent citizens — including former high court judges and bureaucrats — wrote to Chief Justice of India D.Y. Chandrachud on Tuesday urging him to take note of Udhayanidhi Stalin’s speech calling for the eradication of sanatana dharma.

Pointing out the Supreme Court’s concern over the growing incidents of hate speeches, the bureaucrats urged the apex court to take a suo moto notice of contempt.

“Thus, cases should be suo moto registered and the offenders should be proceeded against in accordance with law. Any hesitation to act as per the directions would be viewed as contempt of court,” the letter stated.

“Therefore, since the state government has refused to take action and acted in contempt of the court’s orders and gravely undermined or rather made a mockery of the rule of law, we urge the Supreme Court to take the suo moto notice of contempt, ensuring accountability for the inaction of the state government of Tamil Nadu, and take decisive steps to prevent the inducement of hate speech, preserving public order and peace and we request you to take immediate appropriate actions,” it added.

Meanwhile, BJP leader Subramanian Swamy took to X to say that he had sought permission from Tamil Nadu Governor RN Ravi to prosecute Udhayanidhi for his remarks.

“I have sent a letter to TN Governor seeking Sanction to Prosecute Stalin beta who on nepotism is a Minister. Once more if he repeats deprecating Sanatana Dharma I will work for dismissal of TN State Government. I proved in 1991 that India is a Union of States, not a Federation,” he wrote on X.

Swamy, in his letter to the Governor, stated that Udhayanidhi was creating an environment of fear in the minds of Sanatana Dharma believers and was inciting violence against them.

“In this connection, I intend to initiate a criminal complaint against the above-named person. The accused is a public figure having major public outreach, following, and viewership. The offending statement made by the Accused has successfully reached millions of people and has influenced countless persons, creating an environment of fear in the Sanatan Dharma community, even more so, since the political party of the Accused is the ruling government in Tamil Nadu,” he wrote.

“The statements of the accused have created a traumatising atmosphere of fear, alarm, threat, insecurity, and helplessness among believers of the Sanatan Dharma, especially in Tamil Nadu,” claimed Swamy in his letter.

“The stereotyping of a particular section of the population and stigmatising it has created an atmosphere of hatred which is intended to generate aggression and incite violence and riots against them. For the filing of the said complaint, your sanction is required under Section 196 of the Criminal Procedure 1973”, he added.

“Your kind attention is drawn to the decision of the Hon’ble Supreme Court in Subramanian Swamy vs. Manmohan Singh, (2012) where the court has expounded principles governing the grant of sanction for prosecution,” Swami wrote.

“Therefore, it is requested that you may kindly accord for the prosecution for the accused who has committed various offences against public tranquillity, in the interest of justice, and the exercise of your constitutional prerogative,” wrote Swamy seeking sanction to prosecute Udhayanidhi his controversial speech.

Complaint against Ayodhya seer

The functionaries of the Viduthalai Chiruthaigal Katchi (VCK) from the Ramanathapuram district filed a complaint against Ayodhya seer Paramhans Acharya, who has announced a reward of ₹10 crore for beheading Udhayanidhi Stalin over his remarks on Sanatana Dharma.

The complaint stated that the announcement posed a threat to the life of the Tamil Nadu sports minister, and that the statement of the seer was instigating violence in the minds of individuals. Hence, the complainant sought criminal action against Paramhans Acharya.

Meanwhile, Udhayanidhi stated that he was not afraid of such statements, and that he was following the footprints of his grandfather Karunanidhi, who had also received similar death threats.

Udhayanidhi further said that several complaints had been registered all over India to arrest him.

“Today a seer has set a price for my head. I ask you, whoever says this is a saint? Why you are so fond of my head? You are a seer; how can a sage have ₹1 crore? Is he a real seer? Why ₹10 crore to chop my head? If you give me a ₹10 for a comb, I myself can comb my hair,” Udhayanidhi said.

This article was originally published on The South First.