Untouchability not Constitutional even if part of Sanatana Dharma, says Madras HC

Chennai, New Delhi: The Madras High Court on Saturday observed that Sanatana Dharma is a set of eternal duties, including duty to the nation, king, parents and gurus, while remarking that casteist notions and untouchability were brought in while collating the ‘dharma’ from various literary texts. The judge said: “Sanatana Dharma cannot be traced to one specific literature but has to be gathered from multiple sources which either relate to Hinduism or those who practice the Hindu way of life have come to accept.” Justice N. Sehsasayee further said: “Somewhere, an idea appears to have gained ground that Sanatana Dharma is all about promoting casteism and untouchability.” He said: “Untouchability in a country of equal citizens cannot be tolerated and even if untouchability 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, either within or outside Sanatana Dharma, can no longer be constitutional.” “Free speech was not an absolute right. When free speech pertained to religion, it was necessary to ensure that no one is injured,” the court said, adding though Article 19 of the Constitution gave a fundamental right to free speech, it was important to underscore that one is adequately informed as it added value to what was being spoken. The judge said free speech should be used to encourage dispassionate, healthy debates and help the society move forward without forgetting the ethos and values of the Constitution.