Just in case you had any doubt, casteism and ugly prejudice against those considered low in the caste hierarchy are alive and well. These prejudices are flourishing at the very top of the Indian state. That became clear when a lawyer threw a shoe at the Chief Justice of India in open court.
If you were intrigued about the subtext, here it is. Ever since BR Gavai became Chief Justice, there have been dark mutterings about how wrong it is for a Dalit to occupy the highest judicial post. In 2007, KG Balakrishnan, also a Dalit, served as Chief Justice. But he did so at a time when the poisons of communalism and casteism had not yet begun to dominate public discourse.
Justice Gavai ascended to the post in an era when social media has hijacked the national dialogue and upper castes have celebrated identity politics. His appointment was not a conscious effort by the government to break caste barriers. He rose to the post by the seniority principle. Hindutva hardliners were far from thrilled that the country’s highest judicial office was now held by a man who is not only Dalit but whose family had abandoned Hinduism for Buddhism.
The root cause of Hindutva anger
At first, the anger was muted but quite discernible, as Hindutva hardliners waited for him to put a foot wrong. That moment came when he dismissed one of the routine cases filed to advance hardline Hindu demands. He told petitioners that if they wanted a remedy the Supreme Court could not provide, perhaps they should appeal directly to the deity their case concerned.
This was exactly the remark the Hindutva lobby had been waiting for. Social media was suddenly flooded with claims that the Chief Justice was anti-Hindu, that he had insulted a Hindu god in court. After all, he was a Buddhist convert.
The attacks on the judge went further. On discussion programmes, Hindutva activists managed to recommend violence against him, carefully phrased to stop just short of incitement. Nathuram Godse was invoked (in a good way, of course, given how he is a “hero” in these circles). The idea that Hindu interests were being harmed by the Chief Justice spread rapidly on social media.
How much of this had to do with Justice Gavai’s caste?
Few people said it outright, but his Dalit background was reflected in the language and terminology. For instance, the term ‘Sanatan Dharma’ was deployed. Though the phrase has many perfectly acceptable contexts, it has become a code word for a Brahminical, high-caste version of Hinduism. In the South, the DMK uses ‘Sanatan Dharma’ to attack Brahminical dominance. In the North, it denotes an orthodox Hinduism in which Dalits have little or no place.
So, when critics said the Chief Justice doesn’t understand Sanatan Hinduism or has no place in it, what they really meant was that Justice Gavai was a Dalit.
So much justice for the Chief Justice
It was only a matter of time before the relentless campaign against him went a step further. Sure enough, a 71-year-old lawyer hurled a shoe at him in court. To Justice Gavai’s credit, the attack did not ruffle him; he carried on as though nothing had happened.
But the attacker left no doubt about his motives.
He declared that the Chief Justice was “anti-Sanatani” and later told the press he was instructed by divine powers to act. He expressed no regrets. Nor did much of the media, which treated the shoe-thrower as an action hero, offering him largely respectful coverage.
And what about those who whipped up the hysteria against the Chief Justice? The ones who had approvingly discussed the idea of violence against Justice Gavai?
At first, it seemed as though action would be taken. Chief Minister Yogi Adityanath’s UP police picked up a hate-filled commentator from Noida, sparking speculation he might be detained.
Of course, nothing happened. The hate-spewing YouTuber was reportedly served a cup of tea at the police station before being sent home. Once back, he triumphantly posted that he was safe and sound, adding: “The entire system is with me. It is our system. Our system of ideas…The government is ours. The system is ours too. Jai Shri Ram.”
So much for justice being done.
I don’t think the incident offers any hope for Dalits. If this is how those who humiliate a high-ranking Dalit are treated — boasting that “the government is ours; the system is ours too” — what chance is there for the average Dalit, for whom centuries of humiliation and suffering seem to never end?
As Modi walks the tightrope
Prime Minister Narendra Modi, for his part, waited several hours before commenting on the assault. When he finally did, it was a condemnation and a message of solidarity with the Chief Justice.
I have no doubt it was sincerely meant, but the condemnation was also a politically expedient move. Modi often highlights his own backward-caste background. He has regularly reached out to Dalits and tried to soften the BJP’s image as a party of Brahmins and Banias. There is an election coming up in Bihar and he cannot afford to antagonise Dalits.
But neither can he fully disown the hardliners — the ones who propound their own definitions of Sanatan Dharma, hate Muslims and Dalits, venerate Godse, and cheer attacks like the one the Chief Justice was subjected to. They are his original Hindutva base. So when they boast that “the entire system is ours,” he looks the other way.
So far, this tightrope walk between the extremists and the Prime Minister’s own wider appeal has worked because the extremists have targeted only Muslims. But what happens when the hate shifts decisively from communalism to casteism?
That is the big question the months ahead will answer. Can the haters and hatemongers be reined in? Because if they are not, the damage they will do will not be confined to lower castes. They will also end up damaging the Prime Minister’s own electoral prospects.
Vir Sanghvi is a print and television journalist and talk show host. He tweets @virsanghvi. Views are personal.
(Edited by Prashant)