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 responded to the judge's comments by questioning how a minority party can expect justice from such a judge.
Justice Yadav delivered a lecture on the constitutional need for a uniform civil code at an event organized by the Vishva Hindu Parishad (VHP) in Prayagraj.
“I have no hesitation in saying that this is Hindustan, this country would function according to the wishes of the bahusankhyak living in Hindustan. This is the law. You can't say you're saying this as a Supreme Court justice. The law actually works according to the majority. Look at it in the context of the family or society…Only what benefits the well-being and happiness of the majority will be accepted,” he said at the event, according to legal news website LiveLaw.
Addressing X, Hyderabad MP Asaduddin Owaisi said the Constitution of India expects independence and impartiality from the judiciary.
“This speech indicts the collegium system and raises questions about judicial impartiality. How can a minority party expect justice towards someone who participates in the programs of the VHP?” Owaisi asked in the post, adding that it is unfortunate that a Supreme Court judge attended the conference of such an organization.
In his speech, Justice Yadav questioned why practices like Untouchability, Sati and Jauhar were abolished in Hinduism while the Muslim community still allows the practice of having multiple wives. Justice Yadav termed this practice unacceptable.
'Multiple women'
He pointed out, as reported by LiveLaw, that although women are worshiped as goddesses in Hindu scriptures such as the Shastras and Vedas, members of a community still claim the right to have multiple wives, participate in Halala or practice Triple Talaq.
'You cannot despise a woman who is recognized as a goddess in our Shastras and Vedas. You cannot 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 livelihood to women. This right will not work. UCC is not something VHP, RSS or Hinduism advocates. The Supreme Court of the country is also talking about it,” the judge said.
As Ambedkar put it, '…as a king has no divine right to rule, so a majority has no divine right to rule'.
Owaisi said that the Constitution of India is not a majoritarian but a democratic constitution. “In a democracy, the rights of the minority are protected. As Ambedkar put it, “…just as a king has no divine right to rule, so a majority has no divine right to rule,” the Hyderabad MP said.
“This “speech” can easily be refuted, but it is more important to remind his honor that the Constitution of India expects judicial independence and impartiality,” he said.
