Hate in the halls of justice: What the attack on India’s Chief Justice reveals

An attempted attack on the Chief Justice of India in his courtroom days earlier is not some random, isolated act of violence. It has exposed the deep fault lines in Indian society, shown the impunity that is enjoyed by those who subscribe to the Hindutva ideology and deep seated caste prejudices in our social fabric that have torn apart the social fabric.

A 71 year old lawyer threw a shoe towards Chief Justice Gavai, who is a Dalit. The lawyer says he was angry about an earlier comment the Chief Justice had made towards the Hindu deity Vishnu during a court hearing. Online trolls had been outraged, describing the comments as “anti Hindu”. Chief Justice Gavai had since clarified that he did not mean to hurt any sentiments but clearly that was not enough to satisfy the online mob. After the shoe was hurled at him, the Chief Justice appeared unfazed and insisted the proceedings continue.

Reports say he told the police not to press charges. However, the lawyer who threw the shoe is unrepentant, telling the news agency ANI that he had no regrets for what he did. Prominent right wing social media influencers who had spewed hate against Chief Justice Gavai in the days leading up to the attack have been let off the hook too with a mere slap on the wrist.

It was disturbing to see a section of the Indian right wing openly celebrating this attack. The opposition came out strongly to condemn it and later the Prime Minister stepped in to condemn it too. He spoke to Chief Justice Gavai and described the incident as “reprehensible”. Leaders from across the political spectrum spoke out against the incident. Aside from the very shock of the attack itself which targeted the country’s top court, there are political considerations too. With crucial elections to the state of Bihar just announced, an attack on a member of a backward caste could have political ramifications as well, especially for the BJP, which has aggressively wooed backward castes. But it also has a hardline Hindutva base to appeal to, so this is political tightrope for the party. In a state like Bihar, it could cost them.

But perhaps most worrying of all is how hate and violence has been normalised to such an extent today that someone can hurl a shoe at the Chief Justice in the premises of the Supreme Court of India without any fear or face no consequences. Chief Justice Gavai may have thought it prudent not to pursue a case against the lawyer but he has set a wrong precedent by doing so. Such actions must have consequences. By giving the attacker a free pass and saying he had forgotten what happened, the Chief Justice has only further enabled those who indulge in caste violence.

In the name of “Hindu khatre main hain” or “Hindus are in danger”, violence and thuggery is being justified. Hindu majoritarianism has left little room for discussion or debate with the public discourse having sunk to new lows. Once upon a time we would say “fringe elements” were responsible for this kind of behaviour, but as the attack on the Chief Justice shows, an educated lawyer was certainly not part of any “fringe”.

If this can happen to a Dalit Chief Justice of India, we cannot begin to imagine the horrors faced by backward castes on a daily basis. As I write this piece, news has come of the suicide of a senior Haryana police officer who left behind a note alleging “caste-based discrimination, public humiliation, targeted mental harassment and atrocities”.

This is why we must not simply forget what happened in the Chief Justice’s courtroom. Hate and violence cannot be normalised. Those who like to believe that caste is a thing of the past in India have also been exposed. We need to face up to our demons in order to be able to fight them.