Madras HC modifies comments in its judgement that said caste system is ‘less than a century old’
The order pertained to a plea seeking removal of Tamil Nadu minister Udhayanidhi Stalin from his post for remarks on Sanatana Dharma.
The Madras High Court removed its comments on the origin of the caste system from its recent order dismissing a plea to remove Dravida Munnetra Kazhagam leader Udhayanidhi Stalin as a Tamil Nadu minister for his remarks on Sanatana Dharma, Live Law reported.
Sanatana Dharma is a term some people use as a synonym for Hinduism. At a press conference in Chennai on September 2, Udhayanidhi Stalin, who is the son of Tamil Nadu Chief Minister MK Stalin, had said that it was akin to dengue and malaria. He added that it should hence be annihilated.
On March 6, single-judge bench of Justice Anita Sumanth dismissed the plea by three office bearers of the Hindutva group Hindu Munnani Organisation alleging that the actions of Udhayanidhi Stalin, the state’s Hindu Religious and Charitable Endowments Minister PK Sekarbabu and Nilgiris MP A Raja were against Sanatana Dharma and thus, could not continue in their legislative roles.
The order had said: “This court agrees unequivocally that there are inequities based on caste present in society today and that they are to be eschewed. However, the origins of the caste system as we know it today are less than a century old.”
However, the updated order says: “This court agrees unequivocally that there are inequities based on caste, present in society today and that they are to be eschewed. However, the categorization of castes as we know them today, is a far more recent and modern phenomenon.”
The earlier order had also said that Tamil Nadu has 370 registered castes, while commenting on different caste groups. However, the updated version of the judgement says that the state has 184 registered castes, Bar and Bench reported.
The High Court did not order removal of the legislators from their posts but it said that the comments made by Udhayanidhi Stalin were divisive and against the Constitutional principles and should not have been made, reported Bar and Bench.
The minister’s comments had triggered a nationwide controversy, with first information reports filed in Maharashtra, Uttar Pradesh, Jammu and Kashmir, Tamil Nadu and Karnataka against him.
Last year, 262 individuals, including 14 retired High Court judges, had written a letter to the Supreme Court asking it to take suo motu action against Udhayanidhi Stalin for his remarks, Bar and Bench reported. A petition was also filed in the top court seeking the registration of a criminal case against him.
On Monday, the Supreme Court also reprimanded Udhayanidhi Stalin for his remarks saying he had abused his right to freedom of speech and expression.