Markandey Katju, former Supreme Court Justice has reignited public fury with a provocative social media post reiterating his 2012 claim that “90% Indians are fools,” accompanied by an image of a donkey, in the wake of widespread backlash over his controversial “wink at judge” remarks.
The latest post, shared on August 21, on the platform X, came shortly after Katju faced severe criticism for advising a female lawyer to “wink at judges” to secure favorable court orders, a comment he claimed was a joke but which was widely condemned as sexist and demeaning to the judiciary. The donkey image, paired with his reiteration of the “fools” narrative, has further inflamed sentiments, with critics accusing him of mocking the Indian public and undermining the dignity of his former office.
The controversy began when a woman lawyer sought Katju’s advice on effective courtroom arguments via a message on X. His response, “Judge ko aankh maar do” (wink at the judge), followed by a now-deleted post stating, “All the lady lawyers who winked at me in Court got favourable orders,” triggered an immediate uproar. Legal professionals and social media users labeled the remarks as offensive, with Supreme Court advocate MN Gopinadh demanding a review of all orders issued during Katju’s tenure, citing concerns over judicial impartiality. The comments were seen as perpetuating harmful stereotypes about women in the legal profession, suggesting that professional success could hinge on flirtation rather than merit.
In the midst of this storm, Katju posted a blog titled “A Country with a Billion Fools” on X, linking to earlier writings where he claimed that 90% of Indians are fools, a statement he first made in 2012 during a seminar organized by the South Asia Media Commission. To emphasize his point, he included an image of a donkey, a move interpreted by many as a direct insult to the Indian populace. In the post, Katju argued that his “fools” remark was intended to highlight societal issues like casteism, communalism, and superstition, which he believes hinder India’s progress. He defended his latest comments by asserting that Indians lack the ability to understand humor, citing the “wink” controversy as evidence of this cultural failing. Katju wrote, “I also said that it is dangerous to joke in India, because these fools will not understand you are joking,” framing the public’s reaction as proof of their inability to grasp satire.
Katju provided several examples to support his claim that Indians misinterpret humor, often with serious consequences. He recalled a 2016 Facebook post where he jokingly suggested that if Pakistan demanded Kashmir, India should offer Bihar as well, questioning how a retired judge could have the authority to “give” a state. Despite the obvious sarcasm, the remark led to protests across Bihar, with effigies of Katju burned, posters defaced, and a sedition case filed against him by an MLA, prompting condemnation from then-Chief Minister Nitish Kumar. Similarly, Katju cited a light-hearted comment about finding a “good husband” for West Bengal Chief Minister Mamata Banerjee, which drew a threat from TMC leader Kunal Ghosh, who vowed to “slap” Katju if he visited Kolkata. These incidents, Katju argued, demonstrate a pattern of overreaction to his satirical remarks, reinforcing his view that the majority of Indians are too sensitive or gullible to appreciate humor.
The donkey image in Katju’s latest post has been particularly contentious, viewed by many as a deliberate escalation of his provocative rhetoric. Social media users expressed outrage, with some calling the post “disrespectful” and others questioning the propriety of a former Supreme Court judge using such imagery to mock the public. The image, combined with his reiteration of the “90% fools” claim, has been interpreted as an attempt to provoke rather than educate, despite Katju’s insistence that his goal is to awaken Indians to social evils. In 2012, when Katju first made the “fools” remark, he clarified that it was not meant to defame but to urge people to abandon casteism and communalism, a defense he reiterated in response to a legal notice from two Lucknow students. However, his apology in 2013 for the statement, acknowledging its harshness, did little to quell the current controversy, as critics argue his repeated use of the phrase shows a lack of remorse.
The “wink at judge” controversy has also reignited discussions about the conduct of retired judges. Legal scholars reference the Supreme Court’s 2021 guidelines in the Aparna Bhat case, which caution against gender-stereotypical remarks, even post-retirement, to maintain public trust in the judiciary. Katju’s comments, coupled with the donkey image, have been criticized for undermining this trust, with some arguing that former judges should exercise restraint in public discourse, as seen in practices in countries like the UK and Australia. The legal community has expressed concern that such statements could discourage women from pursuing careers in law, reinforcing outdated notions about their professional capabilities.
Katju’s history of controversial statements adds context to the current uproar. In 2015, he faced criticism for suggesting that the BJP would have fared better in Delhi elections by fielding Shazia Ilmi over Kiran Bedi because Ilmi was “more beautiful.” In 2020, he sparked outrage by claiming that rape is a “natural urge” exacerbated by unemployment, reducing a complex issue to simplistic terms. These incidents, along with his remarks on communalism, casteism, and political figures, have cemented his reputation as a provocateur who uses social media to challenge societal norms, often at the cost of public goodwill.
In his latest post, Katju advised Indians to avoid humor altogether, suggesting they adopt a “funereal, sullen, morose” demeanor to stay out of trouble, warning that joking risks legal or social repercussions. This hyperbolic stance reflects his frustration with what he perceives as India’s oversensitivity, but it has done little to assuage critics who view his actions as reckless.
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