Allahabad High Court Judge Calls for Uniform Civil Code, Says India Will Function According to Majority Wishes
In a provocative speech delivered at a Vishva Hindu Parishad (VHP) event in Prayagraj on Sunday, December 8, Sitting Judge of the Allahabad High Court, Justice Shekhar Yadav, made sweeping statements about the implementation of a Uniform Civil Code (UCC) and the role of the majority in shaping India’s legal landscape.
UCC: A Matter of “Law” According to Judge Yadav
Justice Yadav declared, “I have no hesitation in saying that this is Hindustan, this country would function as per the wishes of the bahusankhyak living in Hindustan.” He went on to say, “The law, in fact, works according to the majority. Look at it in the context of family or society… Only what benefits the welfare and happiness of the majority will be accepted.”
“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. Look at it in the context of family or society…Only what benefits the welfare and happiness of the majority will be accepted” he said.
This statement sparked immediate controversy, raising concerns about the potential implications for the rights of minorities in India.
Religion and Social Reform: A Narrowed Lens
The Judge further fueled the debate by focusing on certain practices within Hinduism and Islam. He highlighted the abolition of practices like Untouchability, Sati, and Jauhar within Hinduism while questioning the continued existence of polygyny (having multiple wives) within the Muslim community. He termed polygamy “unacceptable”.
Justice Yadav went on to emphasize the reverence for women in Hindu scriptures, juxtaposing it with practices like Halala and Triple Talaq within the Muslim community. He suggested that these practices contradict the elevated status of women in Hindu beliefs.
Call for UCC: A Bold Assertion
He stressed the need for a Uniform Civil Code, arguing that since the country has one constitution and penal laws, civil laws should also be unified. He made a particularly strong statement, asserting “by taking oath” that a UCC would soon be implemented in the country.
“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. You say, we have the right to say ‘#tripletalaq,’ 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. 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“, said Justice Shekhar Yadav.
Justice Yadav concluded his speech by defining Hinduism not by religious practices, but by a sense of devotion to the land and its ideals.
He remarked, “Gaay, Gita, aur Ganga jahan ki sanskruti, harbala devi ki pratima, aur baccha baccha raam hai, aisa mera desh hai” : said Justice Shekhar Yadav
What’s Next?
Justice Yadav’s statements are sure to ignite further debate about the Uniform Civil Code and its implications for India’s diverse population. Will this be a catalyst for the implementation of a UCC or will it further deepen the existing divisions? Only time will tell.