Madras High Court Quashes Complaint Against Thol Thirumavalavan Over Manu Smriti Remarks

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Synopsis

Thirumavalavan delivered a speech on the topic of "Periyar & Indian Politics". In his speech, he spoke about as to how the women are mentioned in the "Manu Smriti". He claimed that he did not utter any single word other than what was written in "Manu Smriti" and its Tamil translation version

The Madras High Court has recently quashed a private complaint against Viduthalai Chiruthaigal Katchi (VCK) leader and Member of Parliament Thol Thirumavalavan. The complaint, which accused Thirumavalavan of delivering a speech that allegedly demeaned Hindu women, was dismissed by Justice P. Velmurugan, who held that the allegations lacked substance.

A speech was delivered by Thirumavalavan during an international conference in September 2020, where he reportedly referred to derogatory portrayals of women in the ancient Hindu text, the Manusmriti. The complainant alleged that the speech, later broadcast on a YouTube channel, amounted to hate speech against Indian women, particularly Hindu women, and sought legal action under multiple sections of the Indian Penal Code (IPC) and the Information Technology Act.

Thirumavalavan, represented by his counsel, argued that his speech was a factual reference to the contents of the Manusmriti, rather than a personal commentary targeting any individual or community. He emphasized that the remarks were made in the context of discussing the text's historical significance and societal implications.

He alleged that the complaint was an attempt to suppress critical discussion of historical injustices.

Court observed that Thirumavalavan’s statements were based on the Manusmriti and its translations, and did not exceed his right to free speech.

Justice Velmurugan noted, “There is no evidence to show that the petitioner intended to defame or humiliate women. The speech merely highlighted certain content from the Manusmriti without any personal or hateful intent.”

Further, the judge pointed out the absence of any prima facie material to substantiate the claim that the speech constituted hate speech or degraded the dignity of women. Justice Velmurugan remarked that the complainant failed to demonstrate how the remarks caused harm or offense to him or others.

Court also underlined the importance of examining historical texts critically within a democratic framework. It stated that discussions on contentious topics, such as the Manusmriti, should not be stifled unless there is clear evidence of malice or intent to incite hatred.

Case Title: Thol.Thirumavalavan vs. Dr.V.Vedha @ Dhamodharan