High Court judge criticised for controversial remarks towards Muslim community

An Allahabad High Court judge appeared before a five-judge Supreme Court collegium led by the Chief Justice of India over controversial remarks he made regarding India’s Muslim community at an event organised by a Hindu nationalist group.

Speaking at an event in Kashi Province organised by the legal wing of the right wing Hindu nationalist group Vishwa Hindu Parishad on 8 December, Justice Shekhar Kumar Yadav argued in favour of the controversial Uniform Civil Code, claiming that India’s Hindu community had historically addressed flaws in Hindu personal laws, and questioning why Muslims had not done the same to personal laws within their own community. He allegedly added that while Hinduism taught tolerance and kindness to children since from by teaching them to love animals and nature, Islam did not because they allowed children to witness the slaughter of animals.

Justice Yadav’s remarks drew widespread criticism from lawmakers, activists and members of the Muslim community across the country. On 13 December, 55 MPs from the Upper House of the Indian Parliament submitted a request to impeach Justice Yadav. In a letter addressed to the Chief Justice, Brinda Karat, a former MP and a Communist Party of India (Marxist) leader, wrote: ‘No litigant can hope for justice in a court in which a member holds such a biased, prejudiced, publicly expressed opinion against the minority community and in favour of a majoritarian approach.’

Appearing before the Supreme Court collegium on 17 December, Justice Yadav argued that the media had selectively quoted from his speech to create controversy, however the collegium criticised him for the casual manner in which he made the comments and reminded him of his responsibility to maintain dignity and exercise caution when delivering public speeches.

CSW’s Founder President Mervyn Thomas said: ‘The remarks of this High Court judge are highly concerning at a time when India’s religious minorities already face numerous challenges. As a senior official of the judiciary, Justice Yadav is expected to remain neutral while dispensing his duty, however his remarks, delivered at an event organised by a Hindu nationalist group, call into question his ability to fulfil this. We welcome the Supreme Court’s efforts to remind Justice Yadav of his responsibilities to the Indian people, and call on Justice Yadav himself to retract his statement and issue an apology to the Muslim community.’