Losing sight of a moral compass

Majoritarian logic has no place in a plural society, argue Shivanshu K Srivastava and Nupur Chaurasiya

- Shivanshu K Srivastava and Nupur Chaurasiya

The recent remarks by Justice Shekhar Kumar Yadav of the Allahabad High Court, made during a Vishwa Hindu Parishad event have ignited a significant controversy. While his support for the implementation of the Uniform Civil Code (UCC) is a constitutional aspiration, his accompanying statement, “India will run as per the wishes of its majority,” raises alarming questions about the preservation of democratic and constitutional values in a diverse country.

The concept of the UCC is rooted in the vision of a just and equitable society. Enshrined in Article 44 of the Constitution, it calls for the state to strive towards uniformity in personal laws across all communities, irrespective of religion. It is an essential measure for ensuring equality, especially for those who often face systemic discrimination under existing religious personal laws. Implementing the UCC would establish a framework where individuals are governed by common legal principles in matters such as marriage, divorce, inheritance and adoption, creating a more egalitarian society.

However, Justice Yadav’s remarks regarding majoritarianism undermine the spirit in which the UCC is envisioned. His statement is concerning on multiple levels, as it conveys an implicit endorsement of exclusionary governance. By this flawed logic, Muslim-majority countries or White-majority nations could justify actions disregarding minority rights. Is that the precedent we wish to set? India’s constitutional identity is based on pluralism. The strength of a democracy lies in its ability to protect and empower minorities, not marginalise them under the pretext of majority will.