Why Madras High Court quashed case against MP Thol Thirumavalavan over comments against Hindu women

The Madras High Court recently quashed a criminal complaint that was registered against Viduthalai Chiruthaigal Katchi (VCK) founder and Chidambaram MP Thol Thirumavalavan over his alleged objectionable comments against Hindu women..The Court said that the comments made by Thirumavalavan were not his opinion but were narrations from Manusmriti.Hence, he cannot be held liable for the same, Justice P Velmurugan ruled in an order passed on December 21, 2024.Therefore, the single-judge quashed the private complaint registered against Thirumavalavan in 2021 by one V Vedha following a video clip on a YouTube channel called ‘Periyar.’Vedha had filed the complaint against Thirumavalavan before the Judicial Magistrate after which a case was registered against the MP under Sections 120B, 295A (hurting religious sentiments), 298 (uttering words with deliberate intention to wound religious feelings), 500 (defamation) and 509(insulting modesty of woman) of the Indian Penal Code (IPC) and Section 67 of the Information Technology Act.While the complainant alleged that the MP in that video had made comments that insulted women and caused religious distress, Thirumavalavan told the Court that the video clip was that of an online international conference and discussion that he was part of in 2020 and that he had merely narrated what was said in Manu Smriti.Justice Velmurugan went through the video clip and agreed that what Thirumavalavan had said was not his opinion but he had merely narrated how the Manusmriti defined women..“On a reading of the entire materials available on record, it is conspicuously clear that the petitioner had referred about the book "Manu Smriti", he has spoken about the same and therefore, this Court finds that the allegations made by the petitioner do not attract the offence(s) that would be made out as stated supra in IPC and Information Technology Act. In these circumstances, this Court finds that the petitioner has not committed any of the offence(s) alleged against him, as referred to in the private complaint,” the Court said..The Court further said that it was clear that Thirumavalavan had “no intention” to make a “hate speech” as alleged by the complainant and that the MP’s comments had not affected anyone.“He (Thirumavalavan) has spoken only in general parlance. Hence, in the absence of the same, on a reading of the affidavit filed along with this petition, it could be inferred that he had uttered such words as mentioned in the said book. What has been stated in the book "Manu Smriti" had been only made as his speech and in the facts and circumstances of this case, this Court does not find that any of the offences as alleged by the de-facto complainant is made out, since prima-facie, nothing is available on record to prosecute the complaint filed by the respondent herein,” the Court said..Advocate M/s S Deepika appeared for Thirumavalavan.V Vedha the respondent and the original complainant failed to appear before the Court..[Read Order]