Justice Shekhar Kumar Yadav, a sitting judge of the Allahabad High Court who made headlines in 2021 for claiming that "scientists believe the cow is the only animal that exhales oxygen," has sparked controversy with his recent speech at an event organised by the Vishva Hindu Parishad (VHP) in Prayagraj on Sunday. While delivering a lecture on the Constitutional Necessity of Uniform Civil Code at the event organised by the VHP’s legal cell, Justice Yadav stated that he had no hesitation in saying that the country would function according to the wishes of the majority (bahusankhyak) in India.
"This is the law... The law, in fact, works according to the majority. Look at it in the context of family or society... Only what benefits the welfare and happiness of the majority will be accepted," he was quoted as saying by LiveLaw.
According to reports, another sitting High Court judge, Justice Dinesh Pathak, also attended the event.
The UCC, which seeks common personal laws for people of different faiths, has been a longstanding poll promise of the BJP. If implemented, the UCC would address matters such as marriage, divorce, adoption, inheritance, and succession.
In what appeared to be a covert criticism of Muslim practices, Justice Yadav remarked that customs like having multiple wives, triple talaq, and halala were "unacceptable."
"If you say that our personal law allows this, it will not be accepted. You can't disrespect a woman who has been recognised as a goddess in our Shastras and Vedas. You can't claim the right to have four wives, perform halala, or practice triple talaq. You say, 'we have the right to triple talaq and not give maintenance to women.' But this right will not work. The UCC isn't something that the VHP, RSS, or Hinduism alone advocates. The country's top court has also emphasised it," he added.
A clip of the judge's speech has gone viral on social media, in which he can be heard saying, "In our country, we are taught not to harm even the smallest animals, not to kill ants, and this lesson is ingrained in us. Perhaps that is why we are tolerant and compassionate; we feel pain when others suffer. But in your culture, from a young age, children are exposed to the slaughter of animals. How can you expect them to be tolerant and compassionate?”
Justice Yadav's remarks have stirred outrage on social media with many Opposition leaders criticising his statement.
AIMIM chief Asaduddin Owaisi on Monday reacted to Justice Yadav's remarks and said that the Constitution of India expects "judicial independence and impartiality." "The VHP was banned on various occasions. It is associated with RSS, an organisation that Vallabhai Patel banned for being a 'force of hate and violence.' It is unfortunate that a High Court judge attended the conference of such an organisation. This "speech" can be easily rebutted, but it's more important to remind his honour that the Constitution of India expects judicial independence and impartiality," Owaisi posted on X.
Hyderabad MP further said that impartiality, independence, fairness and reasonableness in decision-making are the hallmarks of the judiciary.
"The Constitution of India is not majoritarian but a democratic one. In a democracy, the minority's rights are protected. As Ambedkar put it "...as a King has no Divine Right to rule, so also a majority has no Divine Right to rule," He added.
