When it comes to the human rights of the country’s so-called majority Hindu community, a section of the Indian judiciary has repeatedly taken a troubling stance even when evidence stares them in the eye.

Here we list some remarks/comments/judgements/court rulings that are worrisome, to say the least:

1) The apex court rejected a curative petition last December that sought an SIT (Special Investigation Team) investigation into the 1990 Kashmiri Hindu and Sikh genocide. The bench directed the petitioners to make a representation before the Centre and the ‘appropriate authority’ for a Special Investigation Team (SIT) probe. “This is purely in the domain of the Executive,” a Bench of Justices B. R. Gavai and C. T. Ravikumar observed orally.

2) Despite the Hindu genocide of the 1990s in Kashmir being one of the worst human rights violations, a bench of then Chief Justice J S Khehar and Justice D Y Chandrachud had rejected an appeal by Kashmiri Pandits to probe the genocide, shockingly rebuking the petitioners, “You (petitioner) sat over it for last 27 years. Now tell us from where the evidence will come.” 

A few days after declining to probe the Kashmiri Pandit massacre, the Supreme Court had ordered scrutiny of SIT’s decision to close 241 cases related to anti-Sikh riots in 1984. Either the SC doesn’t consider Hindus to be humans or believes they are not eligible for human rights.

3) In June 2021, the SC dismissed a plea to probe Hindu persecution in Haryana’s Mewat which recently witnessed anti-Hindu Islamist violence. A 3-Judge Bench of CJI NV Ramana, Justices Hrishikesh Roy, and AS Bopanna heard the plea. While dismissing the plea, the CJI remarked, “We cannot entertain this plea based on newspaper reports”. The SC then dismissed the case after raising questions about additional affidavits.

4) Hindus of West Bengal have been facing violence ever since Mamata Banerjee-led TMC (Trinamool Congress) returned to power in the state. However, the courts have not even acknowledged the situation. The apex court that took suo moto cognizance of the Manipur video refused to take note of a similar video that emerged from West Bengal. In fact, the SC, which wasted no time in taking up the case of ‘deteriorating’ law and order in Tripura, has repeatedly rejected the plea in the West Bengal case.

The fact that our judiciary refuses to acknowledge the gravity of the situation in West Bengal even after last year’s post-poll violence when up to 1 lakh people got displaced (thousands had to take refuge in neighbouring states), over 50 persons were brutally murdered, and 7000 women were raped or molested – shows that this critical institution has been completely hijacked by Hinduphobic elites like Sibal, Bhushan, Jaising and others in the Nehruvian Lutyens lobby. Ex-CJI Rajan Gogoi has clearly elucidated how this lobby arm-twists judges and interferes with due process.

5) The apex court refused to entertain a plea demanding minority status for Hindus in states where they were in a minority.