The Madras High Court has in a fitting reply said clearly that Sanatana Dharma is a set of eternal duties; must they be destroyed.
This petition herein challenges a circular, dated 12.09.2023, issued by the 3rd respondent, the Principal of the Thiru.Vi.Ka. Government Arts College, apparently pursuant to a communication addressed by the 4th respondent, a sitting MLA of the ruling party in this State. In the impugned circular, the 3rd respondent had required the girl-students studying in the college to share their views on the topic ‘Opposition to Sanatana’ on the occasion of commemoration of the birthday of the former Chief Minister and founder of the D.M.K party, late C.N. Annadurai, which falls on 15.09.2023.
T Elangovan , spokesperson of the Hindu Munnani, had filed the writ petition in his personal capacity urging the court to declare the call given by the college principal as unconstitutional .
Justice N Seshasayee in his 8 page order said “This Court is conscious of the very vociferous, and at times noisy debates on pro and anti-Sanatana Dharma. It has also broadly understood Sanatana Dharma as a set of ‘eternal duties’, and that it cannot be traced to one specific literature, but has to 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 a whole lot of other duties. If the topic chosen by the impugned circular is now tested on the plane of these duties, it would then mean that all these duties are liable to be destroyed. Shouldn’t a citizen love his country? Is he not under a duty to serve his nation? Should not the parents be cared for? With genuine concern for what is going round, this Court could not help pondering over it”.
He learned judge said “Somewhere, an idea appears to have gained ground that Sanadhana 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 ‘Sanatana 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. And, under Art. 51A(a), 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 Sanatana Dharma can no longer be Constitutional, though sadly it still exists”.
Justice Seshasayee said “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 be helpful to gain some attention, and may not take it beyond. 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 spirit. This should not be forgotten. Hope it prevails. Turning to the petition, since the circular in question is withdrawn, nothing survives in it. This Court still encourages the College concerned to require the students to reflect on the evils of untouchability, and how they, as citizens of this country, can contribute to its elimination. This petition accordingly stands disposed”.
