New Delhi: Addressing an event organised by the Hindutva extremist group Vishva Hindu Parishad, a sitting judge of the Allahabad high court, Shekhar Kumar Yadav, said that India would function only as per the wishes of the “majority,” referring to the Hindu community, and fell just short of endorsing the Bharatiya Janata Party’s provocative slogan calling for Hindu unity, ‘Ek rahenge toh safe rahenge.” He even used the controversial term “kathmulla” to refer to a section of Muslims who engaged in practices such as having four wives and triple talaq, describing them as “fatal” to the nation.
In a controversial 34-minute long speech delivered by him in the library hall of the Allahabad high court on Sunday, December 8, Justice Yadav made several references to the “ills” in the Muslim society, commenting that Muslim children could not be expected to be “tolerant” and “generous” as they are exposed to violence, “the slaughter of animals” from an early stage. In comparison, Yadav said, Hindus were taught about kindness from an early age and hence their children had non-violence and tolerance ingrained in them.
‘Ancestors made sacrifices for Ram temple’; ‘UCC not far’
Yadav started his speech by saying that “Gai [cow], Ganga and Gita” epitomised Indian culture.
While asserting to the audience that their Hindu identity was their primary identity, Justice Yadav assured the VHP gathering that like the Ram Mandir was constructed in Ayodhya after years of “sacrifices by our ancestors,” the Uniform Civil Code would also become a reality soon.
“Did you imagine seeing the Ram Mandir with your own eyes? But you did see it. Many of our ancestors made sacrifices for it, in the hope of seeing Ram Lalla freed and witnessing the construction of a grand temple. They couldn’t see it but did their part and now we are witnessing it,” said Yadav. On similar lines, he said, the country would soon get a UCC.
“That day is not very far,” he assured the audience.
Also read: Sitting Allahabad HC Judge Delivers Speech on Uniform Civil Code at Vishva Hindu Parishad Event
‘Wishes of the majority’
Justice Yadav, who retires in 2026, was delivering a lecture on the Uniform Civil Code titled “Uniform Civil Code–A Constitutional Imperative” organised by the legal cell of the VHP. The VHP is a far-right Hindutva branch of the Rashtriya Swayamsevak Sangh often known for targeting Muslims and Christians. Throughout his speech, Yadav argued in favour of a UCC and pitched for changes in the Muslim personal laws.
He said that India should function according to the wishes of the “majority,” meaning Hindus.
“This is the law. You can’t say that I am saying this being a high court judge. The law works according to the majority. Be it in the context of the family or society. Only what benefits the welfare and happiness of the majority will be accepted,” said Yadav.
The panel at the VHP’s event, where the topics discussed included the “Waqf Board Act” and religious conversion. Photo: Special arrangement.
‘Exposed to the slaughter of animals’
The judge, who has made controversial observations in the past too, compared Muslims and Hindus, painting the former in a negative light. Hindus, he said, were taught from an early age that they should not kill even the tiniest of creatures such as an ant.
“We are taught all this. Maybe that’s why we are tolerant and giving. We feel pain seeing someone else’s pain. But you (Muslims) don’t feel it. Why? Because our kids, since the time they are born, are pushed towards God, they recite mantras and Vedas and are told about non-violence. But in your culture, kids, from their childhood, are exposed to the slaughter of animals. How do you expect that the child will be tolerant and generous,” Yadav asked.
‘I know the word is objectionable’
However, he added, that not all Muslims were bad and not every Muslim favoured triple talaq, halal or the “practice of having four wives.”
“Those that I am talking about, not all are bad,” he said. “But those who you can call ‘kathmullas’…I know the word is objectionable but I have no hesitation in saying this because they are fatal to the country. They are people who incite the public and the ones who prevent the country from progressing. Such people need to be cautious of,” Yadav said.
The judge also warned that while Hindus were tolerant and kind, they should not be mistaken for “cowards.”
Yadav said a UCC was not just the demand of the VHP, RSS or of the Hindus but had also been endorsed by the Supreme Court in various cases of personal laws related to maintenance of women and divorce. He said that just like the Hindu community had removed some of its social ills such as sati, female infanticide, child marriage and jauhar, it was also time for the Muslim community to make corrections in their personal laws by ending halala, triple talaq (now banned), and other such practices.
‘Hindu first’
Yadav also defined Hindu along the same lines as the RSS does, expanding the identity to a cultural expression rather than a religious identity.
“You could be an advocate, a businessman, or a student, but you are a Hindu first. And anyone who says that this land is his mother and he is its child, is a Hindu, no matter what religious text he follows,” said Yadav.
In the conclusion of his speech, Yadav referred to the BJP’s slogan ‘Ek rahenge toh safe rahenge,’ saying that while he would not use the catchphrase he did wish to deliver a message that once the values of considering oneself a Hindu based on idea of India as a motherland was realised, “nobody could harm us.”
‘Unfortunate,’ say political leaders
Yadav’s comments, coming at a VHP event, were highly criticised on social media. Trinamool Congress MP Mahua Moitra posted against him on X. “Sitting HC judge attends VHP function, says country will function as per Hindus. And we are celebrating 75 years of our Constitution! Supreme Court, Hon’ble CJI – suo moto cognizance anyone?”
AIMIM MP Asaddudin Owaisi said it was “unfortunate” that a HC judge attended the conference of an organization like the VHP, which was “banned on various occasions.”
“It is associated with RSS, an organisation that Vallabhai Patel banned for being a ‘force of hate and violence.’ This “speech” can be easily rebutted, but it’s more important to remind his honour that the Constitution of India expects judicial independence & impartiality,” said Owaisi.
“May I direct his attention to AoR Association vs Union of India “Impartiality, independence, fairness and reasonableness in decision-making are the hallmarks of the judiciary.”
Owaisi reminded Yadav that the Constitution of India is “not majoritarian but a democratic one.” “In a democracy, the minority’s rights are protected. As Ambedkar put it “…as a King has no Divine Right to rule, so also a majority has no Divine Right to rule. This speech indicts the collegium system and raises questions on judicial impartiality. How can a minority party expect justice before someone who participates in VHP’s programs,” asked Owaisi.
‘Cow should be national animal’
BJP MLA Shalabh Mani Tripathi, endorsed Yadav’s views. “‘Kathmullas are fatal for the country, we must beware of them–Justice Yadav’ You need courage to speak the truth. Salute to Shri Krishna vanshi Yadav ji (descendant of Shri Krishna),” said Tripathi.
Justice Yadav has been in the limelight in the past with his controversial remarks, in particular endorsing elements from the Hindu religion and mythology.
In 2021, while denying bail to a Muslim man from Sambhal accused of stealing a cow and slaughtering it with his associates, Yadav had stated that the cow should be declared as ‘national animal’ and that gau raksha (cow protection) be included as a fundamental right of Hindus. In his 12-page order written in Hindi and spattered with mythology, Justice Yadav had observed that scientists believe that the cow is the only animal that inhales and exhales oxygen. In the same order, Yadav had also argued that Parliament should bring in a law to take tough action against those accused of cow slaughter and that cow protection should be included as a fundamental right of Hindus. “When the faith and culture of the country suffer injury, the country becomes weak,” he had observed.
‘Law for national honour to Valmiki and Ved Vyas’
The same year, in October, Justice Yadav made another emotive observation in an order, saying that Hindu deities Ram and Krishna and Hindu mythological texts Ramayana and Gita along with their authors Valmiki and Ved Vyas be accorded national honour through a law in parliament. Ram, Krisha, Ramayana, Gita, Valmiki and Ved Vyas were part of the “culture and heritage” of the country, argued Yadav while granting bail to a Hindu Dalit man accused of insulting Ram and Krishna in a Facebook post.
Yadav eulogised the role played by these deities and mythological epics in the Hindu society as well as for the welfare of the world. He also noted that these elements should be made a compulsory subject in all schools of the country. It was only through education that a person “becomes cultured” and becomes aware of their life values and culture, said Yadav.
“Ram and Krishna were born on this land of India and thought about the welfare of the people here and worked selflessly for the welfare of living beings throughout their lives and that work became world welfare and that is why many countries of the world believe in Ram and Krishna and their deeds and thoughts,” the judge said in October, 2021.
