His speech also included derogatory remarks, including the term “kathmullah” to describe extremists, suggesting the country should remain cautious about them.
Allahabad: Justice Shekhar Kumar Yadav of the Allahabad High Court sparked controversy on Sunday after delivering a speech at an event organized by the legal cell of the Hindu right-wing group Vishwa Hindu Parishad (VHP).
In his address on the Uniform Civil Code, he made contentious remarks asserting that India would operate according to the wishes of the majority population.
“I have no hesitation in saying that this is Hindustan, and this country will function according to the majority living here. This is the law. It is not about speaking as a High Court Judge; the law follows the majority,” Justice Yadav said. He likened the situation to a family or society, where only the welfare of the majority will be accepted.
His speech also included derogatory remarks, including the term “kathmullah” to describe extremists, suggesting the country should remain cautious about them.
Background on Justice Yadav
Justice Yadav, born on April 16, 1964, pursued his legal studies at Allahabad University and started practicing law in 1990. He worked primarily in civil and constitutional law at the Allahabad High Court. Over time, he represented various entities, including the Uttar Pradesh government and VBS Purvanchal University, Jaunpur.
He was appointed as an additional judge in December 2019 and confirmed as a permanent judge in March 2021. His retirement is scheduled for April 15, 2026.
Controversial Remarks Of Justice Shekhar Kumar Yadav
This is not the first time Justice Shekhar Kumar Yadav has stirred controversy.
In September 2021, he attracted national attention with his claim that “scientists believe the cow is the only animal that exhales oxygen.” He also called for Parliament to declare the cow as the national animal and for cow protection to be recognized as a “Fundamental Right of Hindus.”
These remarks were made while denying bail to a man accused of theft and trafficking cows under the Uttar Pradesh Cow Slaughter Act.
Later that year, he suggested to the Election Commission that election rallies should be banned and the Uttar Pradesh Assembly elections postponed due to the Covid-19 threat.
Justice Yadav has courted controversy with his public remarks and judicial pronouncements.
In October 2021, he called for the introduction of a law to honor Lord Ram, Lord Krishna, the Ramayana, the Mahabharata, and the Bhagavad Gita, while referencing the Supreme Court’s verdict on the Ram Janmabhoomi case. He emphasized the importance of educating children about these figures, asserting that they represent the soul of India.
In the same year, he proposed that cows be included in the fundamental rights section of the Constitution, calling them a vital part of India’s culture. He also remarked that protecting cows would lead to the country’s prosperity, citing the belief that cows both inhale and exhale oxygen.
Justice Yadav’s views extended to religious matters, as in July 2021, he expressed concerns over religious fanaticism, suggesting that such practices weaken the country.
Recent Comments and Criticism
Justice Yadav’s most recent comments have drawn significant backlash. Concerns about his impartiality and commitment to constitutional values have been raised.
Senior Advocate Rebecca John criticized his speech, calling it an example of the increasing normalization of such statements by judges.
She expressed disappointment that the Supreme Court Collegium had recommended his appointment and questioned how the judicial system would address his controversial behavior. She argued that his speech amounted to an assault on the Constitution and could potentially warrant impeachment.
Hyderabad MP Asaduddin Owaisi criticized Justice Shekhar Kumar Yadav, emphasizing that the Indian Constitution requires the judiciary to be independent and impartial.
“The VHP has been banned multiple times and is linked to the RSS, an organization that Vallabhai Patel once banned for being a ‘force of hate and violence.’ It is unfortunate that a High Court judge participated in the conference of such a group. While this speech can be refuted, it is crucial to remind the judge that the Constitution demands judicial independence and impartiality,”
the AIMIM chief posted on X.
Owaisi, a barrister, asserted that India’s Constitution is not majoritarian but democratic, where the rights of minorities are safeguarded.
He quoted Dr. Ambedkar: “…as a King has no Divine Right to rule, so also a majority has no Divine Right to rule.”
He further stated,
“You can’t claim the right to have four wives, perform Halala, or practice Triple Talaq… The Uniform Civil Code (UCC) isn’t something that the VHP, RSS, or Hinduism advocates. The Supreme Court of the country also addresses it. I am confident that India will soon enact a single law for all.”
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