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Synopsis

Criticising certain practices under Muslim personal laws, including polygamy, Halala, and Triple Talaq, Justice Shekhar Kumar Yadav, a sitting judge of the Allahabad High Court, questioned the continuation of such practices, labeling them as discriminatory and unconstitutional. He termed the persistence of these practices “unacceptable” and advocated the implementation of Uniform Civil Code (UCC), stating that “The main objective of the UCC is to promote social harmony, gender equality and secularism by eliminating unequal legal systems based on different religions and communities. The goal of this code is to ensure uniformity of laws not only between communities but also within a community.”

Contrasting muslim personal law practices with reforms within Hinduism that abolished social evils like Sati, Jauhar and untouchability, Justice Shekhar asserted, “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…”

Justice Yadav’s remarks come 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 court premises on Sunday, December 8, 2024.

Referring to the Supreme Court’s landmark Shah Bano judgment of 1985, Justice Yadav highlighted how Section 125 of the Criminal Procedure Code (CrPC), ensures necessity of uniformity in civil laws for ensuring equality and justice for all citizens. He criticised disparities in maintenance laws among Hindus and Muslims stating, “A woman will receive maintenance, bigamy will not be allowed, and a man will have only one wife, not four wives...If one sister receives maintenance and the other does not, then that creates discrimination, which is against the Constitution.”

Justice Yadav emphasised that a single constitution and penal law govern the country, making a unified civil law logical and necessary. Expressing optimism about the swift implementation of UCC, Justice Yadav compared it to the lengthy process of constructing the Ram Mandir at Ayodhya, stating that the UCC bill would come into effect much sooner. He declared, “I assure you, you will see this (UCC) bill very soon. The day is not far when it will be clear that if there is one country, there should be one law, and one penal law. Those who try to deceive or run their own agendas will not last long.”

Justice Yadav advocated for respecting India’s cultural heritage, underscoring symbols like the Ganga, the Geeta, and the cow as integral to Indian identity. He emphasised that anyone who considers this land their mother and is willing to lay down their life for the country is a Hindu, regardless of whether they follow the Quran or the Bible.

Without naming any religious community but criticising the lack of tolerance within a community, he remarked, “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. But you do not have this. Why? 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?”

Addressing the audience, Justice Yadav urged Hindus to recognize their cultural and religious identity and to honour the great personalities of India’s history and instill patriotic values in their children. 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.