"This Country Will Function As Per the Wishes of the Majority”: Justice Yadav’s Controversial Remarks at VHP Event

On December 8, 2024, Justice Shekhar Kumar Yadav, a sitting judge of the Allahabad High Court, made a series of controversial statements at an event organized by the Vishva Hindu Parishad’s (VHP) legal cell in Prayagraj. In his lecture on the Constitutional Necessity of the Uniform Civil Code (UCC), Justice Yadav boldly asserted that India will function according to the wishes of the majority. His statements on the Uniform Civil Code, gender issues, and his views on religious practices triggered sharp debates about secularism and equality in the country.

Controversial Remarks on Majority Rule

• Majority Will Govern:
  • Justice Yadav stated, “I have no hesitation in saying that this is Hindustan, this country would function as per the wishes of the bahusankhyak living in Hindustan. This is the Law. You can't say that you are saying this being a High Court Judge. The law, in fact, works according to the majority.”
  • His assertion that India will function based on the wishes of the majority sparked concerns about whether it undermines the foundational principles of the Indian Constitution, particularly secularism and minority rights.
• Cultural Identity and Religion:
  • In his address, Justice Yadav made sweeping comments about Indian culture and identity, stating that the country is defined by the presence of Gaay (cow), Ganga (the river Ganges), and Geeta. He further added, “Gaay, Gita, aur Ganga jahan ki sanskruti, harbala devi ki pratima, aur baccha baccha raam hai, aisa mera desh hai.”

Criticism of Muslim Practices

• Disrespecting Women’s Rights:
  • Justice Yadav’s comments on Muslim practices were perhaps the most divisive. He criticized the Muslim community for practices like multiple marriages, Triple Talaq, and Halala, labeling them unacceptableand contradictory to India’s values.
  • He stated, “You can’t disrespect a woman who has been recognized as a goddess in our Shastras and Vedas... You can’t claim the right to have four wives, perform Halala, or practice Triple Talaq.”
  • His statements appeared to disregard the constitutional principle of equality and overlooked the importance of personal law reform within religious communities.
• Abolishing Social Evils:
  • Drawing comparisons between Hindu social reforms and Muslim practices, Justice Yadav asked why Hinduism abolished Untouchability, Sati, and Jauhar, yet Muslim communities continue to engage in practices like Halala and Triple Talaq.
  • His comments were starkly one-sided, neglecting the ongoing efforts within the Muslim community to reform and challenge these practices.

UCC and Secularism: A Disjointed Argument

• Call for Uniform Civil Code:
  • Justice Yadav firmly stated that since India has one Constitution and one set of penal laws, it is logical for the country to have a Uniform Civil Code. He voiced a strong commitment to see this code implemented, stating, “I am taking an oath that this country will definitely bring a single law, and it will bring it very soon.”
  • However, his remarks about the majority's wishes cast doubts about how a Uniform Civil Code under his envisioned framework could function without causing social disharmony and undermining constitutional values.
• Contradictory Views on Secularism:
  • Justice Yadav’s speech revealed a disjointed understanding of secularism. While promoting a unified legal framework, he continued to advocate for policies based on the majority's wishes, which could threaten the secular fabric of the nation, where laws must be equally applicable to all, regardless of religious affiliation.

Social Reforms and the Dangers of Majoritarianism

• Failure to Recognize Historical Reforms:
  • Justice Yadav acknowledged the reforms in Hinduism, citing Ram Mohan Roy’s efforts to end social evilslike child marriage and Sati. However, his speech failed to acknowledge the need for reform within Hinduism as well.
• Majoritarian Nationalism vs. Secularism:
  • Throughout his speech, Justice Yadav positioned the Uniform Civil Code as a tool for enforcing majoritarian values, stating that those who wish to live by the country’s culture should accept the dominant Hindu identity. This perspective seemed to undermine India’s secularism and pluralism, which have been core tenets of the nation’s identity since its independence.

Sources: NDTV, The Hindu, and The Wire.