"India Will Run By Wishes Of The Majority": Allahabad HC Judge Sparks Outrage

Allahabad High Court judge Shekhar Kumar Yadav's controversial statements targeting the muslim community has sparked outrage on social media. Justice Yadav, speaking at an event held by right-wing organisation Vishwa Hindu Parishad's legal cell had stated that the country would run as per the wishes of the “majority” and that the Uniform Civil Code (UCC) – which seeks to replace personal laws, will soon become a reality.

Justice Yadav said if the country is one, the Constitution is one, and the people are one then why can’t the law be one, while mooting the idea for a UCC.

“I have no hesitation in saying that this is Hindustan…this country would function as per the wishes of the bahusankhyak (majority)... This is the Law,” Justice Yadav said. “…Only what benefits the welfare and happiness of the majority will be accepted” he said at the event. 

Justice Yadav said – if our country is one, the people are one so why don’t we have a uniform law? In our country where women are recognised as goddesses in the Shastras and the Vedas, “you can't claim the right to have four wives, perform Halala, or practice Triple Talaq,” he added. 

Justice Yadav attended the event where issues like waqf law, reasons and prevention of religious conversion were also discussed. According to the VHP legal cell’s programme for the event, Justice Dinesh Pathak – another sitting judge of the same high court, was slated to inaugurate the event by “lighting of lamps and blessings”. However, his presence has not been confirmed at the event.

Justice Yadav spoke on “Uniform Civil Code: A Constitutional Necessity”. During his speech, the judge said his colleagues advised him to exercise caution when speaking on the UCC, to which he said, “I am a judge of this high court, but I am also a citizen of this country, and I will say whatever is appropriate for a citizen and for this country”.

Also Read: Cow Protection Fundamental Right For Hindus Allahabad High Court

Judge slammed for remarks

Parliamentarians, advocates, and civil society called out Justice Yadav’s statements as a direct attack on the constitution, “unconstitutional” and an “affront to the oath” of his office. Justice Yadav’s participation in the Sunday event also appears to go against the restatement of judicial values adopted by the Supreme Court in 1997 and outlined the behaviour of sitting judges. Many have also called for the Chief Justice of India Sanjiv Khanna to take suo motu cognisance.

Senior Advocate Indira Jaising said it was a "shame for a sitting judge to actively participate in an event Organised by a Hindu organization on its political agenda".

The All India Lawyers' Union also issued a statement saying: "The widely reported speech of Justice Shekhar Yadav, sitting judge of Allahabad High court from the platform of Viswahindu parishad is against the constitution, its ethos and a direct affront to its basic structure-secularism and independence of judiciary. It tantamounts to sabotaging of independence of the judiciary from within."

The ‘Restatement of Values of Judicial Life’ - a code of judicial ethics adopted by the Supreme Court in 1997, state, “A Judge shall not enter into public debate or express his views in public on political matters or on matters that are pending or are likely to arise for judicial determination; and that, “Every Judge must at all times be conscious that he is under the public gaze and there should be no act or omission by him which is unbecoming of the high office he occupies and the public esteem in which that office is held.”

The event and the sitting judge's participation has drawn concern and ire as it comes close on the heels of a September 2024 ‘close-door’ “Judges Meet” organised by VHP’s legal cell which saw the attendance of several ex-judges including retired Supreme Court judge Hemant Gupta.

BOOM reached out to the Chief Justice of India Sanjiv Khanna, Supreme Court, and the Acting Chief Justice of the Allahabad High Court for their reaction. This story will be updated if they respond.

"‘Kathmullas’ a danger to the country"

In his more than 30-minute-long speech, Justice Shekhar Kumar Yadav spoke about Hindus sacrifice for the Ayodhya Ram Temple, and highlighted the characteristics of the Hindu culture by making veiled digs at a specific minority.

Justice Yadav said not all people from the community were bad, but kathmullas – a term to denote a fanatic Muslim, were “harmful for the country”.

“It may be inappropriate to use the word, but there is no hesitation in saying it because they (Kathmulla) are harmful to the country. They are the ones who incite the public, and prevent the country from progressing. We need to be cautious of such people,” the judge said.

In his address, Justice Yadav said if Hindu practices like untouchability, Sati, and Jauhar could be abolished, then why couldn’t the law permitting Muslims to have multiple wives be outlawed as well. “…why can’t you remove this law that you can keep three more wives in the presence of a wife? This won’t work”, Justice Yadav said.

He added that it is not just the VHP, or RSS who advocate for the UCC. The country’s Supreme Court also talks about it..., the judge said. “This is the historic library hall of the court, where so many great personalities have been. I am speaking here, among them... Not just saying. I am taking an oath that this country will definitely bring a single law, and it will bring it very soon,” Justice Yadav said to applause.

"Hindus are not cowards"

The judge likened the Hindus’ sacrifice for the Ram Temple in Ayodhya to the struggle for the UCC. “Many of our ancestors made sacrifices in the hope of seeing Ram Lalla freed and witnessing the construction of a grand temple… they did their part, but now, we are witnessing it (the temple),” he said.

The judge similarly expressed the hope that one would see the implementation of the UCC as law. It would take less time than it took to build the Ram Temple, he said. “I assure you, you will see this bill very soon. The day is not far when it will be clear that if there is one country, there will be one law. those who try to further their agenda will not last long,” he said.

Taking “oath” in the historic library hall before all the personalities who have come before him, the judge said, “…A woman will receive maintenance, bigamy will not be allowed, and a man will have only one wife, not four wives...”.

The judge said Hindus should not be perceived as cowardly simply because they are non-violent. Justice Yadav clarified that while the Hindus did not expect the Muslims to follow their culture, they did not expect them to show disrespect to the country, the great personalities, and the Gods of this land.

“In our country, we are taught not to harm even the smallest of the animals, even ants. This lesson is ingrained in us. Perhaps that’s why we are tolerant and compassionate and feel peoples' pain and suffering. But you do not have this. Why? Here, children are born, and from childhood, they are guided towards God, taught Vedic mantras, and told about non-violence. 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 said.

“You shouldn’t let this desire inside you die down…otherwise it won’t take very long for it (country) become Bangladesh and Taliban. It is important to publicise it among people that they should recognise themselves and their religion,” the judge added.

The judge said a hindu is not just someone who takes a dip in The Ganges, applies chandan or does puja. “A Hindu is a person who stays in this country, calls it his mother, and who can sacrifice himself if the country is in trouble. They can worship anything. They can believe in anything – the Quran or Bible, but he will be a Hindu.”

Who is Justice Shekhar Kumar Yadav?

Justice Shekhar Kumar Yadav is a sitting judge of the Allahabad High Court. The Supreme Court collegium under ex-CJI Dipak Misra had deferred the proposal for his elevation to the high court in 2018. However, months after CJI Misra’s retirement, Justice Yadav was made an additional judge on recommendation of the collegium under ex-CJI Ranjan Gogoi.

Justice Yadav has courted controversy before with his 2021 judgment where he observed that the cow is part and parcel of the Indian culture and should be declared as a ‘national animal’; and the protection of cows should be declared as a fundamental right for Hindus.

In another order, Justice Yadav exhorted the parliament to enact a law in honour of Lord Ram. In yet another case on religious conversion, Justice Yadav opined that “if a person from the majority community converts from his/her religion after getting insulted, then the country becomes weak”.