“A country should be governed according to the wishes of its majority,” remarked an Allahabad High Court judge on December 8, speaking at an event organised by the Hindutva group Vishva Hindu Parishad.
Justice Shekhar Kumar Yadav made these remarks during his address on the “Constitutional Necessity of Uniform Civil Code.” He stated, “Only what benefits the welfare and happiness of the majority will be accepted.”
He stated, “The Uniform Civil Code is not something advocated by the VHP, RSS, or Hinduism.” He further emphasised, “Even the country’s highest court has spoken about it.” He concluded, “I am taking an oath that this country will soon implement a single law, and it will happen very soon.”
The Uniform Civil Code (UCC) is a proposed set of common laws that would govern marriage, divorce, succession, and adoption for all citizens. At present, personal matters for different religious and tribal communities—except in Uttarakhand and Goa—are regulated by community-specific laws, largely based on religious scriptures.
The Bharatiya Janata Party says that a Uniform Civil Code would promote equality and justice for women, who are often deprived of their rights under patriarchal personal laws.
In his speech on Sunday, Yadav pointed out that practices such as untouchability, sati, and jauhar had been abolished within Sanatan Dharma, and questioned why the Muslim community still allows the practice of polygamy.
The practice of sati, which was banned in 1829, involved women being forcibly burned alive on their husbands’ funeral pyres. Jauhar, on the other hand, was a collective act of self-immolation performed by women and children. Yadav asserted that Hindu society had abolished several “evil practices” and emphasised that there was nothing wrong with acknowledging the flaws of a religion and correcting them over time.
“Every religion must eliminate its harmful and evil practices on its own,” he stated. “If they fail to do so, the country will implement a common law for all its citizens.”
He added, “You cannot disrespect a woman, who is revered as a goddess in Hindu scriptures like the Shastras and Vedas. You cannot claim the right to have four wives, practice halala, or enforce triple talaq.” (Halala refers to a practice where a divorced couple can remarry each other, provided both are willing to do so.)
The Muslim Women (Protection of Rights on Marriage) Act, 2019 criminalises the practice of instant triple talaq, imposing a penalty of up to three years in prison for any man who attempts to divorce his wife in this manner. Under this practice, a Muslim man could divorce his wife by simply pronouncing “talaq” three times.
The judge further stated that denying women maintenance and other injustices would not be tolerated. “We [Hindus] teach our children tolerance and kindness from birth,” he said. “We teach them to love animals, nature… How can you expect your child to learn tolerance and kindness when you slaughter animals in front of them?”
