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The law operates in accordance with the bahusankyak (majority). Consider this in the context of a family or society - only what ensures the welfare and happiness of the majority will be accepted," Justice Yadav had said as per Karat's letter
In a significant move, former Member of Parliament and Communist Party of India (Marxist) Polit Bureau member, Brinda Karat, has written to the Chief Justice of India (CJI), voicing concerns about a public speech delivered by Justice Shekhar Kumar Yadav of the Allahabad High Court. Delivered at a Vishwa Hindu Parishad (VHP) event, the speech has stirred controversy for allegedly undermining judicial impartiality and constitutional values.
The event, held on December 8, witnessed Justice Yadav addressing topic of the Uniform Civil Code. Citing excerpts from his speech, Karat’s letter, released by the CPI(M), alleges that Justice Yadav’s remarks promoted a majoritarian ideology inconsistent with constitutional principles.
Karat highlighted specific portions of the speech, including statements suggesting that India is governed by the wishes of the majority and remarks criticizing certain communities for practices like animal slaughter. Justice Yadav reportedly said, "This is Hindustan, and this country will function according to the wishes of the majority. This is the law. That's how any society works". The judge also remarked on cultural differences in raising children, contrasting Hindu values which include non-violence, tolerance, etc. with those of other communities like animal sacrifice etc.
Karat expressed alarm at the implications of such statements, calling them a "violation of judicial oath" and an affront to India's secular and democratic ethos. Referring to the judge's comments as "hate speech," she emphasized that they compromise public confidence in the judiciary's impartiality, especially for minority communities. "No litigant can hope for justice in a court where a member holds such biased, publicly expressed opinions," her letter stated.
The former MP also questioned the propriety of a sitting High Court judge attending an event organized by a sectarian body like the VHP, which advocates for the consolidation of Hindu society. She argued that this participation breached the judiciary's code of conduct, blurring the lines between judicial roles and political or communal affiliations.
Justice Yadav’s speech has been widely circulated on social media and reported by many legal portals.
Karat urged the Chief Justice to take swift action, stating that such behavior brings "disgrace to the bench" and undermines public trust in the judicial system. She concluded her letter by calling for accountability, asserting that the judiciary must uphold its constitutional commitment to impartiality and justice.
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