Justice Shekhar Kumar Yadav of the Allahabad High Court sparked a row when he said the country would function according to the wishes of the majority in India. AIMIM chief Asaduddin Owaisi reacted to the Judge’s remarks by questioning how a minority party can expect justice from such a judge.
Justice Yadav delivered a lecture on the Constitutional Necessity of Uniform Civil Code at an event organised by the Vishva Hindu Parishad (VHP) in Prayagraj.
“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, speaking at the event, according to the legal news website LiveLaw.
Hyderabad MP Asaduddin Owaisi took to X and said the Constitution of India expects 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 someone who participates in VHP’s programs?” Owaisi asked in the post, adding that it is unfortunate that a High Court judge attended the conference of such an organisation.
In his address, Justice Yadav raised a question about why practices such as Untouchability, Sati, and Jauhar were abolished within Hinduism, yet the Muslim community continues to permit the practice of having multiple wives. Justice Yadav termed this practice unacceptable.
‘Multiple Wives’
He pointed out, as reported by LiveLaw, that while women are revered as goddesses in Hindu scriptures like the Shastras and Vedas, members of a community still claim the right to have multiple wives, engage in Halala, or practice Triple Talaq.
“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 ‘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,” the Judge said.
As Ambedkar put it ‘…as a King has no Divine Right to rule, so also a majority has no Divine Right to rule’.
Owaisi said the Constitution of India is not a majoritarian but a democratic one. “In a democracy, the minority’s rights are protected. As Ambedkar put it ‘…as a King has no Divine Right to rule, so also a majority has no Divine Right to rule’,” the Hyderabad MP said.
“This “speech” can be easily rebutted, but it’s more important to remind his honour that the Constitution of India expects judicial independence & impartiality,” he said.
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