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Allahabad High Court Justice Shekhar Kumar Yadav courted controversy when he said the country would act according to the will of the majority in India. AIMIM chief Asaduddin Owaisi, reacting to the judge’s remarks, questioned how a minority party can expect justice from such a judge.
Justice Yadav delivered a lecture on the constitutional need for a Uniform Civil Code at an event organized by the Vishwa Hindu Parishad (VHP) in Prayagraj.
“I have no hesitation in saying that this is India, this country will work according to the wishes of the majority living in India. This is the law. You cannot say that you are saying this as a High Court judge. In fact the law works according to the majority. Look at it in the context of family or society…only the welfare and happiness of the majority will be accepted,” he said while speaking at the event, according to legal news website Live Law.
Hyderabad MP Asaduddin Owaisi, while addressing the gathering, said that the Constitution of India requires independence and impartiality of its judiciary.
“This speech indicts the collegium system and raises questions on judicial impartiality. How can a minority party expect justice before a person who participates in VHP programs?” Owaisi asked in the post that it was unfortunate that a High Court judge attended the conference of such an organisation.
In his address, Justice Yadav raised questions as to why practices like untouchability, sati and jauhar were abolished within Hinduism, yet the Muslim community allows the practice of having multiple wives. Justice Yadav called this practice unacceptable.
‘Multiple wives’
He pointed out that while women are revered as goddesses in Hindu scriptures such as the Shastras and Vedas, members of a community are still prohibited from having multiple wives, indulging in Halala or practicing triple talaq, Live Law reports. Claim the right to.
“You cannot insult a woman who has been recognized as a goddess in our scriptures and Vedas. You cannot claim the right to have four wives, perform Halala or give triple talaq. You say, we have the right to say triple talaq, but not to give maintenance to women. This right will not work. UCC is not something that is advocated by VHP, RSS or Hinduism. The country’s top court also talks about it,” the judge said.
As Ambedkar said ‘…just as a king has no divine right to rule, similarly a majority also has no divine right to rule.’
Owaisi said that the Constitution of India is not majoritarian but democratic. “In democracy, the rights of minorities are protected. As Ambedkar had said ‘…just as a king has no divine right to rule, a majority too has no divine right to rule’,” the Hyderabad MP said.
“This “speech” can be easily refuted, but it is more important to remind his Honor that the Constitution of India requires judicial independence and impartiality,” he said.
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