Justice under fire: What the attack on CJI Gavai reveals about India’s political climate

By Ram Puniyani*

In October 2025, advocate hurled a shoe at during court proceedings. The incident followed Justice Gavai’s remarks while dismissing a public interest litigation filed by Kishore, who had sought the restoration of the head of a in a . The Chief Justice reportedly commented that the matter was not a legitimate PIL but a publicity-seeking attempt, suggesting that the petitioner should approach the —or, humorously, “ask the deity to restore its head.”

Kishore, who claimed that the Lord had appeared in his dreams urging him to act, said this remark insulted his faith. His reaction—throwing a shoe at the CJI, who is the second and first to hold the country’s highest judicial office—reflects the increasingly volatile intersection of religion, caste, and politics in India today.

Around the same time, Justice Gavai’s mother reportedly declined an invitation to attend an event in , stating that she was an and could not participate. Her stance recalls ’s warning that the establishment of a would be a calamity for India, as expressed in his book .

Adding to the controversy, right-wing social media influencer made disparaging remarks about the Chief Justice. When speculation arose that legal action might follow, he dismissed the concern, writing, “The government is ours; the system is ours.” His comments highlighted the perception that ideological proximity to those in power can shield individuals from accountability.

Justice Gavai, displaying restraint, instructed court officials to continue proceedings and asked that no action be taken against Kishore. The police merely questioned Kishore briefly before returning his shoe. While some FIRs were later filed, the response was notably mild. Bharti, too, was called to a police station, served tea, and released. The contrast is telling—had the assailant borne a Muslim name, it is widely believed that stringent charges, including those under the , might have followed.

Justice Gavai’s lighthearted remark about appealing to the deity was quickly portrayed on social media as an insult to “.” Kishore himself shouted, “Sanatan ka apmaan, nahi sahega Hindustan!”—a slogan now replacing the earlier “Garv se kaho hum Hindu hain” as a marker of resurgent right-wing identity politics.

The ideological roots of such reactions run deep. The Rashtriya Swayamsevak Sangh (RSS), the principal vehicle of , historically positioned itself against the growing consciousness among Dalits about caste-based exploitation. While the organization now claims to view all castes as equal, its political and social practices continue to reinforce caste hierarchies. The persistence of caste-based discrimination and violence underscores this contradiction.

Data show that crimes against have risen sharply since 2014, when the first assumed full power at the Centre. Reports indicate increases of over 27% and 20%, respectively, in crimes against Dalits and Adivasis in 2018. As scholar has observed, over 55,000 cases of atrocities against Dalits are recorded each year—on average, four Dalits are murdered and twelve Dalit women are raped every day.

Despite the gravity of the recent incident, the state’s response remained subdued. Prime Minister ’s reaction was limited to a brief, non-committal tweet, seemingly aimed at mitigating potential electoral fallout among Dalit voters rather than addressing the deeper social implications.

While India’s constitutional framework has enabled individuals from historically marginalized communities to rise to prominent positions, societal attitudes towards Dalits and women often remain unchanged. Both Ambedkar and Gandhi emphasized as a path toward social reform, but the deep-rooted prejudices and caste rigidity persist.

Over the past few decades, rising religious sectarianism has reinforced caste divisions rather than diminishing them. One form of sectarianism feeds the other. The confidence exhibited by figures such as Rakesh Kishore and Ajeet Bharti reflects how political power emboldens such elements, granting them a sense of impunity. The symbolic act of throwing a shoe at the Chief Justice thus becomes more than an isolated act of disrespect—it mirrors the broader erosion of democratic and egalitarian values under the shadow of right-wing politics.

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