Kanwar Yatra Row | Professor Apoorvanand, Aakar Patel Move Supreme Court Challenging UP & Ut'khand Govts 'Nameplate' Order

Well-known political commentator and Delhi University academic Apoorvanand Jha and columnist Aakar Patel have moved a petition in the Supreme Court challenging the Uttar Pradesh and Uttarakhand governments' directive to the owners of the eateries along the Kanwar Yatra route to display their names outside such shops.

"The directives issued by the State of Uttar Pradesh and State of Uttarakhand cause disproportionate intervention and affect rights under Articles 14, 15 and 17. Further the directives also effect rights of those Muslim men who have been fired pursuant to the issuance of the above directives, which is in violation of Article 19(1)(g). Lastly the directives are also in violation of peoples' right to privacy and to dignity, and consequently violative of Article 21 of the Constitution," the petition by Jha and Patel states.

It may be noted that the State governments issued a directive recently amidst preparations for the annual Kanwar Yatra, a pilgrimage undertaken by Shiva devotees known as Kanwarias or "Bhole."

In this pilgrimage, the devotees travel to key Hindu pilgrimage sites such as Haridwar, Gaumukh, and Gangotri in Uttarakhand and Ajgaibinath in Sultanganj, Bhagalpur, Bihar, to fetch holy water from the Ganges River.

Initially described as 'voluntary,' the state governments' directive has been widely endorsed by state officials and is now being rigorously enforced across all districts of Uttar Pradesh and Uttarakhand. Additionally, the Uttarakhand Government has issued an oral advisory aligning with this directive as of 19/20 July 2024.

In Uttar Pradesh, on July 18, 2024, the Senior Superintendent of Police, Muzaffarnagar, issued a directive requiring all eateries along the Kanwar route to display the owners' names. This direction was extended statewide on July 19, 2024.

In their petition, Jha and Patel argue that state governments' directives cause disproportionate intervention and violate the Fundamental rights of the citizens guaranteed under Articles 14, 15, and 17.

“It also effect rights of those Muslim men who have been fired pursuant to the issuance of the above directives, which is in violation of Article 19(1)(g)'”, the petition contends.

The petitioners have also argued that such an 'advisory', which is then also forcibly enforced is an overreach of state authority and that the public notice and its consequent enforcement are without the authority of law.

“Impugned directives encourage discrimination on grounds of caste and religion and cannot be seen to serve any 'legitimate purpose.' These directives promotes discrimination solely based on religious and caste identity, as they do not require the display of food items being served or a statement that no non-vegetarian or non-satvik food is being served, but only the display of religious or caste identity explicit in one's name. This directly breaches Article 15 of the Constitution of India”, the petitions contends.

The petition submits that the impugned directives have been forcibly enforced often by overzealous police officers, and non-compliance has reportedly resulted in detentions. Similarly, the plea states that the display of names has been followed by forcing business owners to dismiss employees of a certain community.

The petition filed through AoR Akriti Chaubey states the directives endorse the practice of 'untouchability' which is explicitly barred “in any form” under Article 17 of the Constitution of India.

It argues that Article 17 also bars the enforcement of any form of disability arising out of 'untouchability', which would include encouraging the practice of not being served by people of certain castes and religions.

It adds that these directives also violate the right to privacy of owners and workers of shops and eateries and expose them to danger, making them targets.

"These directives promote discrimination solely based on religious and caste identity, as they do not require the display of food items being served or a statement that no non-vegetarian or non-satvik food is being served, but only the display of religious or caste identity explicit in one's name. This directly breaches Article 15 of the Constitution of India," the petition argues.

Senior Advocate Huzefa A. Ahmad will appear for the petitioners. The petition has been drawn by Advocates Shahrukh Alam, Akriti Chaubey, Shantanu Singh, Sadhana Madhavanan and Tamanna Pankaj.