Attack on CJI Gavai and its implications for India’s democratic fabric

By Syed Ali Mujtaba* 

The attack on Chief Justice of India (CJI) BR Gavai by advocate Rakesh Kishore, who described himself as a Sanatanist, raises serious concerns about intolerance and social division. The incident reportedly occurred after Justice Gavai dismissed a plea seeking the reconstruction of a seven-foot idol of Lord Vishnu at a temple in Khajuraho, Madhya Pradesh. In his remarks, the CJI stated that India is governed by the Constitution and not by religious beliefs. Following this, the lawyer allegedly hurled a shoe toward the CJI, accusing him of insulting Hinduism and later claiming that his actions were divinely inspired.

Prime Minister Narendra Modi condemned the attack, calling it “utterly condemnable” and stating that such acts have no place in Indian society. The incident has prompted discussions about caste and religion, as Justice Gavai is a member of the Dalit community. The episode recalls the deep historical tensions surrounding caste hierarchies and religion in India.

References to past events, such as Mahatma Gandhi’s opposition to separate Dalit electorates in 1932 that led to the Poona Pact, continue to inform these discussions. While Gandhi sought to preserve Hindu unity, BR Ambedkar’s movement for Dalit rights reflected long-standing struggles against caste-based exclusion. Similarly, Muslim leaders who sought separate representation were denied by the Congress leadership at the time, contributing to later communal divisions and the eventual Partition.

The attack has reignited debates about social hierarchy within the Sanatan order and the broader politics of Hindutva. Critics argue that since 2014, political discourse in India has increasingly emphasized majoritarian identity, often sidelining pluralism. In this context, the attack on a Dalit CJI by someone invoking Sanatanist beliefs underscores deep-seated contradictions within the narrative of religious and caste unity.

Instances of caste-based assertion and religious differentiation, such as the Lingayat demand for separate religious recognition and Sikh efforts to emphasize distinct identity, also point to growing fissures in the social fabric. These developments suggest discontent with rigid social hierarchies and the centrality of Sanatanist ideology in political discourse.

The incident involving Justice Gavai highlights the risks of intolerance eroding democratic institutions. It also signals a potential deepening of caste and religious divides if political and social narratives continue to marginalize inclusivity. Whether India’s leadership can address these underlying tensions will determine the strength and cohesion of its constitutional order in the years ahead.

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*Journalist based in Chennai