By Our Correspondent
NEW DELHI – A special issue of the international journal Social & Legal Studies sheds light on the troubling impact of Hindutva on India’s democratic institutions and the rule of law. This prestigious journal, published by SAGE Publications, delves into how Hindutva, a contentious ideology, challenges the principles of secular democracy in India.
The editors-in-chief of Social & Legal Studies are Carl Stychin of the University of London, David Campbell of the University of Lancaster, Vanessa Munro of the University of Warwick, and Marie Fox of the University of Liverpool.
The special issue, edited by M. Sudhir Selvaraj of the University of Bradford and Raphael Susewind of the London School of Economics, explores Hindutva’s influence on India’s legal and political landscape. They argue that the movement has leveraged judicial tools to advance religious ideology and undermine legal checks and balances, thereby challenging the rule of law.
Over the past decade, under Prime Minister Narendra Modi, India has seen significant legal and constitutional changes that reflect a shift towards Hindutva. This shift includes controversial amendments such as the Citizenship Act, which excludes Muslims from citizenship benefits, and the revocation of Jammu and Kashmir’s special status. The World Justice Project’s Rule of Law Index has highlighted India’s decline in legal rankings from 59th in 2015 to 79th in 2024, signaling a broader democratic backslide.
The special issue examines how Hindutva’s rise has affected India’s legal system. The BJP government has increasingly used laws to reinforce Hindutva principles while simultaneously undermining the legal system’s integrity. New laws and modifications have served both to entrench the ideology and to enable extra-legal actions by vigilante groups, reflecting a trend toward autocratic legalism.
The journal draws comparisons to the Jim Crow era in the U.S., suggesting that India’s current legal environment mirrors past instances of systemic discrimination. Authors argue that the Hindutva agenda prioritizes Hindu identity, marginalizing minorities such as Dalits, Adivasis, Muslims, and Christians. This shift has led to an “ethnic democracy” where laws are used to favour the majority at the expense of minorities, creating a two-tier citizenship system.
Indrajit Roy likens India’s current political system to an “ethnocracy,” where the dominant Hindu majority uses state power to marginalize other groups. This transformation involves not only revising laws to reflect Hindutva ideology but also diminishing the role of legal institutions. The Sangh Parivar, a key player in this shift, operates as a shadowy force, influencing both legal and social realms.
The special issue explores three case studies to illustrate how laws under Hindutva increasingly serve as tools of power rather than justice. These include the Disturbed Areas Act in Gujarat, the “bulldozer justice” phenomenon, and the BJP’s “land jihad” rhetoric. The articles argue that these laws, rather than upholding democratic principles, reinforce majoritarian control and promote extra-legal enforcement.
Additionally, the issue highlights the role of the judiciary in this evolving legal landscape. It notes a concerning trend where the judiciary has increasingly failed to act on petitions and public interest cases, leading to a “juridical pocket veto.” This phenomenon allows the executive and legislature to act with impunity, further entrenching autocratic rule and undermining democratic norms.
Taken as a whole, the special issue of Social & Legal Studies provides a critical analysis of how Hindutva’s rise is reshaping India’s legal and political institutions. By documenting the erosion of democratic norms and the instrumentalization of law for ideological purposes, the journal highlights a broader global concern about the rule of law under autocratic regimes.
