Bench and Bigotry. Justice Shekhar Kumar Yadav. The Hindu Editorial Explanation 12th December 2024.

Justice Shekhar Kumar Yadav of the Allahabad High Court has made controversial remarks that have raised serious concerns about his ability to remain impartial as a judge. While political views alone are generally not a reason to remove someone from the judiciary, open prejudice or hate speech, especially when directed at specific communities, should be taken seriously. Justice Yadav’s comments, particularly those targeting the Muslim community, have cast doubt on his neutrality and suitability for the role.

At an event organized by the Vishwa Hindu Parishad (VHP), a group known for promoting Hindu-majority views, Justice Yadav made several unsettling statements. One of his remarks suggested that India should be governed according to the wishes of the majority, implying that the opinions of the larger group should dominate.

This comment raised concerns because it suggested that the rights of minority groups should be disregarded, which goes against the principles of democracy, where everyone’s views should be equally considered.

He also compared Hindu and Muslim children, claiming that Hindu children are taught kindness and tolerance, while Muslim children are not, because they witness animal slaughter.

This generalization about an entire community was offensive and reinforced harmful stereotypes. Additionally, Justice Yadav had previously made bizarre claims, such as saying cows are the only animals that inhale and exhale oxygen, and he has spoken out against religious conversions, further highlighting his potential bias.

The event where these remarks were made was centered on the Uniform Civil Code (UCC), a proposal for a common set of laws that would apply equally to all citizens, regardless of their religion. However, the VHP, known for its Hindu-majoritarian stance, was the organizer.

The group has been involved in divisive and violent actions in the past, including the destruction of the Babri Masjid. Because of this, the article argues that this was not an appropriate platform for a fair and balanced discussion on the UCC. Judges, especially those in higher courts, should avoid aligning themselves with groups that are known for promoting extreme and divisive views.

The Supreme Court of India has taken note of Justice Yadav’s remarks and has asked the Allahabad High Court to provide more information. While it is still uncertain whether an official investigation will take place or if calls for his removal will be considered, it is clear that his conduct will be closely examined.

In addition, the article references a set of ethical guidelines known as the “Restatement of Values of Judicial Life,” which judges are expected to follow. These guidelines emphasize the need for judges to maintain public trust in the judicial system by acting impartially. Justice Yadav’s comments appear to go against these values, raising further concerns about his position.

Overall, the article criticizes Justice Yadav’s behavior, arguing that his actions undermine the fairness and impartiality expected of a judge. It calls for careful scrutiny of his conduct, as it is important that judges remain neutral and avoid any actions that could diminish the public’s confidence in the judiciary. The Supreme Court’s attention to the matter is seen as a positive development, but it remains to be seen what steps will be taken in response.

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