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.

It may be noted that State Governments directive had been issued amidst preparations for the annual Kanwar Yatra, a religious pilgrimage where devotees of Lord Shiva travel to Haridwar to fetch holy water from the Ganges.

Initially described as 'voluntary', the directive of the state governments have been widely endorsed by state officials and is now being rigorously enforced across all districts of Uttar Pradesh.

Additionally, the Uttarakhand Government has issued an oral advisory aligning with this directive as of 19/20 July 2024.

In their petition, Jha and Patel have argued that the directives of the state governments cause disproportionate intervention and violates 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 filed through  AoR Akriti Chaubey  further states the directives endorse the practice of 'untouchability' which is explicitly barred “in any form” under Article 17 of the Constitution of India.

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 religion

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.

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.