Justice Denied： Repeated Judicial Offenses Against Hindu Beliefs
The Bharatiya judiciary—often portrayed as the ultimate guardian of constitutional rights—has, in many notable instances over the last decade, demonstrated what many Hindus see as a pattern of disregard for their sentiments. From trivializing the desecration of sacred icons to dismissing heartfelt pleas regarding the denigration of Hindu customs, the courts’ responses have repeatedly left the majority community feeling marginalized and aggrieved.
1. The Vishnu Murti at Khajuraho — “Go Pray to Your Deity”
On September 16, 2025, the Supreme Court, led by CJI BR Gavai, dismissed a plea seeking restoration of a beheaded Lord Vishnu murti at Khajuraho’s Javari temple. The bench’s remark—“Go and ask the deity itself to do something now. You say you are a staunch devotee… so go and pray now”—was widely criticized for openly mocking a devotee’s faith, with many arguing that such sarcasm would not be tolerated if directed at another community.
2. Rebuffing the Plea for Shivling Protection in Branding
The Punjab and Haryana High Court refused a plea to remove the Shivling from the Baidyanath Ayurveda logo, telling the petitioner not to be “so sensitive”. By dismissing concerns over the commercialization and trivialization of a sacred symbol, the court conveyed a message that Hindu sacredness is easily dispensable.
3. Dismissal of Objections Against Remarks on Holi Festival
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Similarly, the Bombay High Court dismissed concerns over derogatory remarks about Holi, again telling the Hindu petitioner not to be “so sensitive”. This has been cited as evidence of the courts’ growing tendency to trivialize sentiments of the Hindu majority when festivals or beliefs are ridiculed.
Repeated Insistence on ‘Tolerance’
Common to several of these judgments is the insistence from benches that Hindus must display tolerance. Whether in response to derogatory remarks in films, on television, or in books, courts have reminded petitioners that “everyone is touchy about everything now” and that “tolerance for movies and books is steadily going down”—implying that Hindu hurt is unwarranted.
Judicial Policing of Hindu Traditions
Key traditions and festivals—such as Dahi-Handi, Holi, or even sacred processions—face regular judicial scrutiny and intervention, often justified as “rationalization” or the need for reform. While judicial reform is sometimes articulated as necessary for social progress, this focus on Hindu customs is perceived as a double standard, with minimal or no such scrutiny for practices of other faith communities.
Judicial Activism Targeting Hindu Institutions
From the landmark Shirur Mutt case (1954) onwards, courts have frequently intervened in the autonomy of Hindu temples and rituals, often justifying rationalization. Yet legal interventions into the practices or institutions of other faiths remain relatively rare and cautious.
The Sabarimala Precedent
The infamous 2018 Supreme Court verdict overturning centuries-old customs at the Sabarimala Ayyappa shrine stood as a defining example of judicial activism overriding core Hindu beliefs and traditional practices under the banner of “rationality”.
Selective Application of Free Speech
While freedom of speech is robustly defended when Hindu beliefs are lampooned or desecrated in books, films, or performances, courts have more often than not applied a more protective standard for other communities—quickly censoring or punishing speech that offends religious minorities.
Minimal Redressal for Repeated Offenses
Even in cases of repeated and wanton attacks on revered icons or deities, courts have largely refused to ban offending books or media, refusing to recognize the resultant anguish as a legitimate legal cause.
Erosion of Faith in Justice
Religious Hindus increasingly express disillusionment toward the judiciary, believing that a secular Bharat should have more, not less, sensitivity to its ancient traditions. Public outrage and calls for greater equity in protecting religious feelings have only grown louder, especially when sarcastic judicial remarks strike at the heart of deeply personal faith.
Feeling of Alienation
Repeated judicial rebukes for “over-sensitivity” and constant reminders of “tolerance” forced upon Hindus, while privileging the injuries of others, have fostered a palpable sense of alienation and second-class treatment within their own homeland.
The judiciary is tasked with upholding dignity and equality for all. Yet, as seen in these decisions and remarks, the courts have far too often dismissed Hindu claims of hurt and outrage with insensitivity or outright sarcasm. The time has come for self-reflection within judicial corridors, and for society to demand that Hindu religious concerns are treated with the same seriousness as those of every other faith—no more, but certainly no less.
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