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Synopsis

The Supreme Court on Tuesday took note of the newspaper reports of a speech given by Justice Shekhar Kumar Yadav, a sitting judge of the High Court of Judicature at Allahabad at an event organized by the Vishwa Hindu Parishad (VHP) on Sunday, December 8, 2024. 

The court has called for details and particulars from the High Court and the matter is under consideration, according to official sources.

Justice Yadav's speech delivered at VHP event organised in Allahabad High Court's library created a controversy with a demand for in-house inquiry by NGO Campaign for Judicial Accountability and Reforms (CJAR) and initiation of impeachment proceedings by senior advocate and Supreme Court Bar Association president Kapil Sibal.

Justice Yadav’s remarks came while delivering a lecture on the topic, “Uniform Civil Code: A Constitutional Necessity,” at an event organized by the Vishva Hindu Parishad’s (VHP) legal cell in the Library Hall on the High Court premises.

He had criticised certain practices under Muslim personal laws, including polygamy, Halala, and Triple Talaq. He had also questioned the continuation of such practices, labeling them as discriminatory and unconstitutional. The judge had also emphasised in a democracy, it is only the majority that rules.

Contrasting muslim personal law practices with reforms within Hinduism that abolished social evils like Sati, Jauhar and untouchability, Justice Shekhar had said, “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 anymore. UCC isn't something that VHP, RSS, or Hinduism advocates. The country's Top Court also talks about it…”

His message was clear: self-reflection and reform are essential for all communities. “If such reform is possible in Hindu community, why should other communities not rid themselves of harmful customs, regardless of their origin" he had said.

Without naming any religious community but criticising the lack of tolerance within a community, he had said, “In our country, we are taught not to harm even the smallest animals, not to kill ants, and this lesson is ingrained in us. Perhaps that is why we are tolerant and compassionate; we feel pain when others suffer. Here, children are born, and from childhood, they are guided towards God, taught Vedic mantras, and told about non-violence. But in your culture, from a young age, children are exposed to the slaughter of animals. How can you expect them to be tolerant and compassionate?”

Further, warning against complacency, he said that if this spirit is suppressed, the country could soon face challenges akin to those experienced in Bangladesh or Afghanistan under Taliban rule.

Justice Yadav's remarks ignited a storm, but it is yet to be seen whether the controversy genuine or fueled by selective reporting? From advocating for the Uniform Civil Code (UCC) to calling out harmful practices across communities, his statements mainly challenge societal norms.

Here is a closer look at what he actually said.