LUCKNOW: Allahabad High Court judge Justice Shekhar Kumar Yadav's statements over the Uniform Civil Code (UCC) and other related issues have sparked outrage in political circles and social media.
The main aim of the Uniform Civil Code (UCC) was to promote social harmony, gender equality, and secularism, Allahabad High Court Justice Dr Shekhar Yadav said while addressing a provincial convention of the Legal Cell and High Court Unit of the Vishva Hindu Parishad (VHP) in Library Hall of Allahabad High Court in Prayagraj on Sunday.
Speaking at the event, he had stated that the country would run as per the wishes of the “Bahusankhayak” (majority) and that the Uniform Civil Code (UCC) would soon become a reality.
“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.”
Justice Yadav attended the event where various issues, including waqf law, the reasons behind religious conversions, and their prevention, were also discussed. According to the VHP legal cell’s programme for the event, Justice Dinesh Pathak – another sitting judge also of Allahabad High Court, was slated to inaugurate the event by “lighting of lamps and blessings”.
Justice Yadav addressed the topic -- “Uniform Civil Code: A Constitutional Necessity,” saying his colleagues advised him to exercise caution while speaking on 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”.
However, 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.
Samajwadi Party leader Ramgopal Yadav brought in Rashtriya Swayamsevak Sangh (RSS), the ideological fountainhead of the BJP, into the row sparked by the High Court judge’s remarks.
“RSS has always been like that, they can do anything to get to the Supreme Court,” he said, but avoided to elaborate further. Other SP leaders refrained from making any comment on the sitting judge’s remarks.
Other political parties including CPI-M, TMC and Asadudduin Owaisi’s AIMIM condemned Justice Yadav’s remarks and labelled them divisive. They argued that his statements were inappropriate for a sitting judge and reignited debates on judicial propriety and ideological bias among judiciary members.
CPI(M), from its official handle on X, wrote: “His speech is akin to hate speech. Justice Shekhar Yadav, a sitting judge of the Allahabad High Court, addressed a VHP meeting. That he should do so is bad enough. That he should promote majoritarian views and communal hatred is unacceptable. Supreme Court should take suo moto notice and sack him!”
TMC MP Mahua Moitra also posted on X: “Sitting HC judge attends VHP function, says country will function as per Hindus. And we are celebrating 75 years of our Constitution! Supreme Court, Hon’ble CJI – suo moto cognizance anyone?”
Justice Yadav’s participation in the event was also taken as against the restatement of judicial values adopted by the Supreme Court in 1997 and outlined the behaviour of sitting judges.
AIMIM chief Asaduddin Owaisi on Monday criticized Justice Shekhar Kumar Yadav of the Allahabad High Court for participating in a Vishva Hindu Parishad (VHP) event and making controversial remarks. Owaisi expressed concerns that such actions raised issues regarding judicial independence and impartiality.
He added, “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.”
Similarly, prominent Muslim cleric and All India Muslim Personal Law Board (AIMPLB) member Khalid Rasheed Firangimahali also expressed that sitting judges should refrain from making statements on political issues in order to preserve the sanctity of the judiciary.
Many 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 VHP platform is against the constitution, its ethos and a direct affront to its basic structure-secularism and independence of the judiciary. It tantamounts to sabotaging of independence of the judiciary from within."