Indian Flawed Justice System Under BJP and Hindutva’s Shadow

Under the BJP’s Hindutva influence, India’s judicial system fails to deliver justice, shielding terrorists and leaving victims, especially minorities, in the dark.

The Indian judicial system, under the influence of the BJP and Hindutva ideology, has repeatedly failed to deliver justice in critical cases involving violence against minorities. Safa Ahmed, in his piece for Jacobin, highlights several unresolved atrocities, the most prominent being the Malegaon bombings of 2008. Six people were killed, and over 100 others were injured in a bomb blast orchestrated by the RSS, yet 16 years later, justice remains elusive.

The attack, which targeted a Muslim-majority market just before Eid, is one of many carried out by the RSS between 2003 and 2008. These bombings, aimed at Muslim communities in various states, were part of a larger agenda of fomenting communal violence. Despite substantial evidence, trials have dragged on, and many suspects have been acquitted or granted bail. One of the key figures, Pragya Thakur, was even elected as a Member of Parliament in 2019 while still facing charges in the Malegaon case. This reflects the BJP’s open support for those accused of terrorism.

The case of the Nagaland killings further demonstrates the judiciary’s reluctance to hold powerful figures accountable. In 2021, 13 civilians, including six minors, were killed by the Indian Army, who mistakenly identified them as insurgents. Despite the tragedy, the Supreme Court closed the proceedings in 2023, absolving the 30 army personnel involved. The families of the victims were left without justice, with the court and the BJP refusing to acknowledge the crime.

Safa Ahmed points to a disturbing pattern: The BJP, which is heavily influenced by Hindutva ideology, shields those responsible for violence against minorities. This includes endorsing controversial figures like Pragya Thakur, who, despite being accused of terrorism, has gained political prominence. In an affidavit filed in 2022, ex-RSS activist Yashwant Shinde claimed that the RSS had orchestrated bomb attacks between 2003 and 2008 to influence elections and target minorities. However, his request to testify in the Malegaon case was dismissed by the court, and his affidavit was completely ignored.

This systemic impunity has serious implications for India’s democracy. Human rights organizations and opposition parties must demand the reopening of these terror cases. The international community, especially the United States and the United Kingdom, must hold the BJP and RSS accountable for their role in terrorism and the subsequent lack of justice. Rather than pandering to Modi’s regime, they should press for justice for the victims, many of whom are from marginalized communities.