In remarks that are certain to trigger to controversy, Justice Shekhar Kumar Yadav of the Allahabad High Court on Sunday said that India will functiono as per the wishes of the majority.
Justice Yadav's participation is likely to cause as much stir as his comments, since he attended the event irganised by the legal cell of right-wing organisation Vishwa Hindu Parishad (VHP) and tht too at the Allahabad High Court's historic library hall, reported legal website barandbench.com .
"I have no hesitation in stating that this is Hindustan, and this country will function according to the wishes of the majority living here. This is the law. It is not about speaking as a High Court Judge; rather, the law operates in accordance with the bahusankyak (majority). Consider this in the context of a family or society - only what ensures the welfare and happiness of the majority will be accepted," Justice Yadav said.
The judge's statements were not limited to these. His slew of controversial statements, included using the term "kathmullah", a slur against Muslims commonly used on WhatsApp and other social media platforms.
Referring to extremists as "kathmullah", he said that the country should be watchful of them.
His words in HIndi roughly translated to: "...this may not be the right word... but I won't hesitate to say it because they are harmful to the country...they are detrimental, against the nation, and people who incite the public. They are the kind of people who do not want the country to progress, and we need to be cautious of them)," he stated.
He remarked that children in one community are taught the values of kindness and non-violence, and its people are raised to be tolerant. However, in another community, it would be difficult to expect tolerance from children, especially when they witness the slaughter of animals in front of them, he added.
“In our country, we are taught from a young age to respect all living beings, even the smallest animals, and to avoid harming them. This lesson becomes a part of who we are, which is perhaps why we are more tolerant and compassionate, feeling pain when others suffer. But this isn't the case for everyone. In our culture, children are raised with guidance towards God, taught Vedic mantras, and instilled with the values of non-violence. However, in some other cultures, children grow up witnessing the slaughter of animals, which makes it difficult to expect them to develop tolerance and compassion.”
Justice Yadav was speaking on the topic, Uniform Civil Code: A Constitutional Necessity. He also spoke on topics such as the Waqf Board Act and religious conversion, all vintage stuff of the Hindutva champions.
Among them, Uniform Civil Code is a theme the Hindutva camp usually harps on, more as an onslaught on the Muslim Sharia laws and several BJP-led state governments, like Uttarakhand, have passed or are contemplating, like Assam andn Uttar Pradesh, passing 'uniform' civil codes in those states.
The question how different states can pass different civil codes and still call them 'uniform' is as yet unexplained by the sangh parivar outfits.
On the Uniform Civil Code, Justice Yadav stated that while women are revered as goddesses in Hindu scriptures like the shastras and vedas, members of a particular community (Muslims) still claim the right to have multiple wives, engage in Halala, or practice Triple Talaq.
"You say, we have the right to say 'triple talaq,' and not give maintenance to women. This right will not work. UCC isn't something that VHP, RSS, or Hinduism advocates. The country's top court also talks about it...This is the historic library hall of the court, where so many great personalities have been...", he said
He also mentioned that being a Hindu is not limited to those who bathe in the Ganga or apply chandan (sandalwood). According to him, anyone who views this land as their mother and is ready to sacrifice their life for the nation during a crisis, irrespective of their religious beliefs - whether they follow the Quran or the Bible - is a Hindu.
However, he added that when it comes to social issues within the Muslim community, such as halala, triple talaq and adoption-related concerns, he found no courage or initiative from the community to address them.
Justice Yadav, however, sounded slightly considerate by moderating his demands on the Muslim community."It is not necessary for Muslims to marry by taking seven rounds around the fire, bathe in the Ganga, or apply chandan but they should respect the culture, great personalities, and deities of this land," Justice Yadav remarked.
He emphasised that having four wives is unacceptable and further stated that no one has the right to practice halala, pronounce triple talaq, or deny maintenance to their wives.
“If you claim that our personal law permits such practices, it will not be accepted. A woman will receive maintenance, bigamy will not be allowed, and a man will have only one wife, not four. If one woman receives maintenance while another does not, it leads to discrimination, which is against the Constitution.”
Justice Shekhar also spoke about the Ayodhya judgment of the Supreme Court. He remarked that many of our ancestors made great sacrifices to see Ram Lalla liberated and to witness the construction of a magnificent Ram Temple in Ayodhya.
"Could you have ever imagined seeing the Ram Mandir with your own eyes? Many of our ancestors made sacrifices with the hope of seeing Ram Lalla freed and witnessing the grand temple's construction. Although they couldn't live to see it, they played their part, and now, we are witnessing it ourselves," he highlighted.
He ended his lecture by saying that while Hindus are known for their non-violence and kindness, it should not be mistaken for cowardice. He stressed the importance of teaching children that the country, our religious practices, and our revered personalities should always come first.
It can be recalled that in September this year, the Supreme Court had barred the usage or citation of controversial remarks by another Allahabad high court judge. Justice Rohit Ranjan Agarwal had commented that if conversion to Christianity was allowed to go on, the majority population of the country, meaning Hindus, would become a minority one day.
Lawyers' Union registers protest
Meanwhile, All India Lawyers union has taken strong exception to the contentious remarks by Justice Shekhar Kumar Yadav, made at the Vishwa Hindu Parishat. The Union said that the judge’s remarks constituted a violation of the oath of office and amounted to hate speech.
The Union demanded that the Supreme Court should intervene in the matter and initiate action against the judge. The Union also remarked that the very participation of a sitting in such a programme is shameful.