From Believing 'Cow Exhales Oxygen' To Praising PM : A Look At Justice Shekhar Yadav's Controversial Remarks
Sitting Allahabad High Court Judge, Justice Shekhar Kumar Yadav, on Sunday, courted a major controversy with his remarks made at an event organised by the Vishwa Hindu Parishad (VHP).In his lecture on the topic, Uniform Civil Code: A Constitutional Necessity, he asserted the country would function according to the wishes of the majority (bahusankhyak) in India. From declaring that he...
Sitting Allahabad High Court Judge, Justice Shekhar Kumar Yadav, on Sunday, courted a major controversy with his remarks made at an event organised by the Vishwa Hindu Parishad (VHP).
In his lecture on the topic, Uniform Civil Code: A Constitutional Necessity, he asserted the country would function according to the wishes of the majority (bahusankhyak) in India.
From declaring that he was "taking an oath" that the Uniform Civil Code would soon be implemented in the country, to recounting the 'sacrifices' made by 'our ancestors' to see Rama Lalla freed and witness the construction of a grand Lord Rama temple at Ayodhya, to using the derogatory slur 'kathmullah', Justice Yadav also remarked that Muslim children could not be expected to exhibit kindness and tolerance when, from an early age, they are exposed to the sights of animals being slaughtered in front of them.
During his 34-minute address, Justice Yadav also urged the VHP members to remain steadfast in their mission to make India a "Vishwa Guru" (world leader). He emphasised that this could only be achieved by a Hindu, and no one else.
He added a warning that if this spirit within us dies, it will take no time for this country to turn into Taliban or Bangladesh. He also said that the Hindus should not be considered cowards.
Furthermore, he commented that while he could not say that "ek rahenge to safe rahenge" (a phrase used by Prime Minister Narendra Modi recently during an election rally in Maharashtra), the underlying idea behind this phrase had 'force'.
In his address, while drawing a comparison between Hinduism and Islam, Justice Yadav remarked that practices such as untouchability, Sati, and Jauhar had been abolished within Hinduism, yet the Muslim community continued to permit the practice of polygyny, halal, triple talaq etc. He deemed this practice unacceptable.
Read Live Law's intensive coverage of his speech here, here and here.
This, however, is not the first time that Justice Yadav has caught the public eye. His statements as a constitutional court judge, as reflected in his orders and judgments, have consistently made headlines in the news for their ideological overtones, sparking widespread debate.
Here, we will delve into Justice Yadav's tendentious orders and judgments. Let's look at some of his observations, sitting as an HC Judge, that have sparked debate in the past.
In July 2021, Justice Yadav, while denying bail to one Javed, who was accused of unlawfully converting a woman to Islam, observed that there is no place for religious fanaticism, greed, and fear in our country and that if a person from the majority community converts his/her religion after getting insulted, then the Country becomes weak and the destructive powers source benefits from it.
In September 2021, while denying bail to one Javed accused of slaughtering a Cow, Justice Yadav had observed that cow should be declared as national animal and cow protection should be kept as a fundamental right of Hindus.
In the order, written in Hindi, Justice Yadav enthusiastically described several virtues of the cow to emphasize that it deserved to be the national animal.
"Scientists believe that cow is the only animal which inhales and exhales oxygen", Justice Yadav observed in the order.
"Panchgavya, which is made of cow milk, curd, ghee, urine and cow dung, helps in the treatment of several incurable diseases", the judge went on to say. He further observed that it is a tradition in India to use ghee made of cow milk during yajna because "this gives special energy to sunrays, which ultimately causes rains".
"Jab gaay ka kalyaan hoga, tabhi Desh ka kalyaan hoga (only if cow is revered, the country will prosper)," his order had stated. He had further observed in the order that no one can claim a fundamental right to eat the meat of the cow, and called for a law to declare "cow protection a fundamental right of Hindus."
Read more about the observations here: Scientists Believe Cow Is The Only Animal That Inhales & Exhales Oxygen; No Fundamental Right To Eat Cow-Beef : Allahabad High Court
In October 2021, granting bail to one Akash Jatav, booked for an FB post against Lord Rama & Lord Krishna, Justice Yadav stressed that no one has the right to hurt the religious sentiments of others in the name of the right to freedom of speech and expression and that Lord Rama & Krishna reside in the heart of Indians.
Justice Yadav also said that the Parliament should pass a law respecting/honoring Shri Rama, Shri Krishna, Gita, Ramayana, Maharishi Valmiki, and Maharishi Ved Vyas as they are part of India's culture and tradition.
He also observed that Hindu religious books like the Gita, Ramayana, etc, must be made part of school courses.
Read more about his observations here: "Lord Rama & Krishna Reside In The Heart Of Indians": Allahabad High Court While Granting Bail To Man Booked For FB Post
In January 2022, while denying bail to 4 persons accused of fraudulently withdrawing money from the bank account of a retired High Court Judge, Justice Yadav had expressed its agreement with a submission made by the Union Government regarding the filing of a review petition against the Supreme Court's 2018 Adhaar Verdict before the SC.
In December 2021, praising PM Modi in one of his orders for his free COVID-19 vaccination campaign, Justice Yadav urged him to postpone the 2022 UP State Assembly elections in view of the rising threat of Omicron.
About Justice Yadav
Justice Yadav, who took oath as an Additional Judge of the HC in December 2019, graduated in Law from Allahabad University in 1988. He was enrolled as an Advocate on September 8, 1990, and began his legal career by practising at the Allahabad High Court, where his primary focus was Civil and Constitutional matters.
Over the years, Justice Yadav held several prominent positions, including serving as Additional Government Advocate and Standing Counsel for the State of Uttar Pradesh.
He also worked as Additional Chief Standing Counsel and Senior Counsel for the Union of India and Senior Counsel for the Railway Department. He was also the Standing Counsel for V.B.S. Purvanchal University, Jaunpur, a role he held until his elevation to the bench.
Two years after he was appointed as an Additional Judge of the High Court, Justice Yadav was made a Permanent Judge in March 2021. He is set to retire in March 2026.
Justice Yadav was recently invited to the Attlee Hall in the House of Lords in the UK Parliament to deliver a lecture on the topic "Trailblazer of India: Pioneering the Path to Viksit Bharat India 2047."
Addressing the gathering as the keynote speaker, Justice Yadav had said that although foreign powers had looted India multiple times, the country still stands strong and continues to progress, thanks to its culture and ideals.
In his address in the UK, he introduced himself as a resident of a land where the Ganges flows, where the cow (Gaay), the Ganges River (Ganga), and the Bhagavad Gita (Geeta) hold sacred significance, and where every child is lord Rama. He also strongly praised PM Modi in his speech.