Controversial Remarks by Allahabad High Court Judge

A recent lecture by Justice Shekhar Kumar Yadav of the Allahabad High Court has ignited a fierce debate over the role of the judiciary in upholding the rights of minorities and the interpretation of the Constitution of India. Speaking at an event organized by the Vishva Hindu Parishad (VHP) in Prayagraj, Justice Yadav made a statement that the country would function according to the wishes of the majority. His remarks raised concerns over judicial independence and impartiality, sparking reactions from various political figures, including Asaduddin Owaisi, the Hyderabad MP and chief of the All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM).

The Majority Rule Controversy

Justice Yadav, in his address, boldly claimed that the law functions according to the majority, stating, “This country would function as per the wishes of the bahusankhyak living in Hindustan.” The judge emphasized that only what benefits the welfare and happiness of the majority would be accepted in Indian society and law. His words, seen as reflecting a majoritarian outlook, have sparked a backlash, especially among those who believe in a secular and democratic India, where minority rights are protected.

Justice Yadav’s speech at a VHP event raised questions about his role as a judge, particularly in a country where the Constitution envisions an independent and impartial judiciary. Owaisi criticized the judge’s remarks, taking to social media to argue that this view undermines the Constitution’s democratic principles. Owaisi questioned how a minority party could expect justice from a judge who openly aligns with the VHP, an organization that has been associated with promoting Hindu nationalist views.

Owaisi’s Critique of Judicial Impartiality

Owaisi’s response was sharp and pointed, raising concerns about the independence of the judiciary in India. He highlighted that the Indian Constitution explicitly expects the judiciary to be free from external influence and to serve all citizens, regardless of their religious or cultural background. Owaisi remarked that the remarks by Justice Yadav raised doubts about whether judges could remain impartial when participating in programs organized by politically charged groups like the VHP.

The AIMIM chief pointed out that the Indian judiciary must remain neutral and independent of political or religious affiliations, emphasizing that a majority should not have the divine right to rule over the minority. He quoted Dr. B.R. Ambedkar, a key architect of the Constitution, who asserted that the majority has no divine right to rule over the minority, especially in a democracy.

Uniform Civil Code and the Debate Over Muslim Practices

In his lecture, Justice Yadav also addressed the issue of the Uniform Civil Code (UCC), calling for the abolition of practices like Triple Talaq, Halala, and polygamy. He pointed out that while practices like Untouchability, Sati, and Jauhar were abolished within Hinduism, similar changes have not been made to certain practices within the Muslim community, especially concerning the treatment of women. He argued that Islamic practices that allow for multiple wives and Triple Talaq are unacceptable, claiming that such practices disrespect women, who are revered as goddesses in Hindu scriptures like the Shastras and Vedas.

Justice Yadav’s remarks on the UCC have reignited the debate on whether such a code should be implemented to unify personal laws across religions in India. While supporters of the UCC argue that it will bring equality and justice to women, especially from minority communities, critics argue that it infringes upon the religious freedom guaranteed by the Constitution. The judge’s comments on polygamy and Triple Talaq come in the context of recent legal decisions, including the Supreme Court's ruling that declared Triple Talaq unconstitutional in 2019.

The Larger Debate: Majoritarianism vs. Secularism in India

Justice Yadav's speech at a Hindu nationalist event raises serious questions about the role of religion in shaping India’s legal system. His emphasis on majority rule and his participation in an event organized by a group that advocates for the promotion of Hindu culture and values may be seen by many as a challenge to the secular ideals on which India’s Constitution is based. Critics argue that the judiciary must remain an unbiased institution that upholds the rights of all citizens, regardless of their religion, and protects the minority rights in a diverse and pluralistic society.

Owaisi’s concern about judicial impartiality reflects broader concerns about the separation of powers in India’s democratic system. The role of judges in such controversial discussions can have far-reaching implications for the integrity and fairness of the legal system.

The UCC debate continues to be a polarizing issue, with some arguing that a uniform legal code will bring equality, especially to women, while others feel it is an infringement on religious freedom and an imposition of a majoritarian worldview on India’s diverse population.

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