Sanathana Dharma Is Set Of Eternal Duties Which Relates To Hinduism Or Hindu Way Of Life, Free Speech Cannot Be...
๐น Sanathana Dharma: Meaning & Essence
Sanathana Dharma literally means "eternal law" or "eternal duty".
It is considered the timeless and universal moral order underlying Hinduism.
It encompasses duties, responsibilities, and values essential for individual and societal well-being.
Unlike a religion confined to rituals or dogmas, Sanathana Dharma refers to ethical and spiritual principles that govern conduct and preserve harmony.
๐น Relationship Between Sanathana Dharma and Hinduism
Sanathana Dharma forms the foundation of Hindu philosophy and way of life.
It includes principles such as truth (Satya), non-violence (Ahimsa), righteousness (Dharma), compassion, and respect for life.
It is not confined by time, transcending historical phases or sectarian divisions.
The Hindu way of life is thus seen as a manifestation of Sanathana Dharma.
๐น Free Speech and Its Limitations in the Context of Sanathana Dharma
Free speech is a fundamental right guaranteed under Article 19(1)(a) of the Indian Constitution.
However, it is not absolute and can be restricted under Article 19(2) on grounds like public order, decency, morality, and protection of religion.
Expressions that hurt religious sentiments, insult Sanathana Dharma, or disrupt social harmony can be subject to reasonable restrictions.
The protection of Sanathana Dharma can justify curbing free speech when speech:
Incites hatred or violence against the Hindu way of life.
Defames or denigrates core religious beliefs or practices.
Threatens communal harmony or public order.
๐น Key Case Law
โ M. Ismail Faruqui v. Union of India, (1994) 6 SCC 360
The Court recognized that certain religious practices and beliefs have constitutional protection.
It upheld restrictions on speech/actions that harm public order and religious sentiments.
Reiterated that freedom of expression is subject to reasonable restrictions, including to preserve religious harmony.
โ Ramji Lal Modi v. State of U.P., AIR 1957 SC 620
The Supreme Court held that free speech can be restricted if it hurts religious feelings or creates public disorder.
The Court balanced individual liberty with societal peace and religious respect.
โ S. Rangarajan v. P. Jagjivan Ram, AIR 1989 SC 1288
The Court emphasized that the freedom of speech must be exercised responsibly.
Speech offending religious sentiments can be curtailed to maintain public order.
โ S. R. Bommai v. Union of India, (1994) 3 SCC 1
The Court stressed the importance of secularism and religious harmony.
While upholding religious freedom, it also supported restrictions on speech that disrupt communal peace.
๐น Why Free Speech Cannot Be Absolute Regarding Sanathana Dharma
Protecting Social Harmony: Sanathana Dharma represents a way of life for millions; speech attacking it can spark communal tensions.
Safeguarding Religious Sentiments: Unfettered speech that insults or mocks Sanathana Dharma would hurt sentiments, violating constitutional guarantees of religious freedom.
Preventing Public Disorder: Inflammatory speech against religious beliefs often leads to law and order problems.
Balancing Rights: The right to free speech is balanced with the right of others to practice their religion and live peacefully.
๐น Summary Table
| Aspect | Explanation |
|---|---|
| Sanathana Dharma | Eternal duties forming the foundation of Hinduism |
| Free Speech | Fundamental right but subject to reasonable limits |
| Restrictions Justified When | Speech insults Sanathana Dharma or disturbs peace |
| Judicial Approach | Balances individual rights with societal interests |
๐ Conclusion
Sanathana Dharma is a set of eternal duties central to Hindu philosophy and way of life. While free speech is a vital constitutional right, it cannot be exercised in a manner that disparages or undermines Sanathana Dharma or harms religious sentiments associated with it. Courts have consistently held that reasonable restrictions on speech are necessary to protect religious harmony, public order, and respect for faiths.
This balance ensures that Indiaโs diverse society can enjoy freedom of expression without infringing on othersโ fundamental rights and religious dignity.
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