Eateries Asked To Display Owner Names To Ensure Kanwariyas' Sentiments Aren't Hurt, To Avoid Law & Order Problems: UP Govt Tells Supreme Court

“It may be noted that the idea behind the directives is transparency and informed choice of the consumer/Kanwaria regarding the food they eat during the period of the Yatra, keeping in mind their religious sentiments so that they don't, even accidently, fall foul of their beliefs. Such situations would obviously lead to flare ups where lakhs and crores of people are walking barefoot carrying holy water.,” the reply stated.

Notably, the affidavit has also asserted that these directions aren't discriminatory as they uniformly apply to all food sellers along the Kanwar Yatra route, irrespective of their religious or community affiliations.

“That the directives are also aimed at ensuring public safety and order during the Kanwar Yatra, given the large number of participants and the potential for communal tensions, it is imperative to take preventive measures that ensure a peaceful and harmonious pilgrimage. Past incidents have shown that misunderstandings regarding the type of food being sold have led to tensions and disturbances. The directives are a proactive measure to avoid such situations.”

The State further said that since the directions were temporary, no "permanent discrimination" was caused.

"The temporary nature of the directives ensures that they do not inflict any permanent discrimination or hardship on the food sellers, simultaneously ensuring maintaining the sentiments of Kanwariyas and their religious beliefs and practices".

The State also said that as per the Regulations under the Food Safety and Standards Act 2006, every eatery, including dhabas, are required to display the names of the owners.

Recently, a Bench of Justices Hrishikesh Roy and SVN Bhatti had stayed these directions saying that the food sellers “must not be forced to display the names/identities of owners.”

Adding to this, the government has also stated in their reply that even small confusions regarding the kind of food Kanwariyas are served, has the potential to hurt their religious sentiments. Further, it can cause flare ups, especially in a communally sensitive area like Muzaffarnagar.

Further, the Government has defended its directives by averring that the same align with the fundamental duties of citizens as enshrined in Article 51A of the Constitution, which calls upon every citizen to promote harmony and the spirit of common brotherhood among all people of India. By ensuring that the religious sentiments of the Kanwariyas are respected, the directives foster harmony and contribute to the spirit of brotherhood and peaceful coexistence.

Background

The Kanwar Yatra is an annual pilgrimage undertaken by Shiva devotees known as Kanwarias or "Bhole", during which they 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.

On July 17, 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. Reportedly, the directive is now being rigorously enforced across all districts of Uttar Pradesh and Uttarakhand.

Three petitions seem to have been filed before the Supreme Court against the said directive - (i) first, by NGO-Association for Protection of Civil Rights (APCR), (ii) second, by TMC MP Mahua Moitra, and (iii) third, by well-known political commentator and Delhi University academic Apoorvanand Jha and columnist Aakar Patel.

The petitioners argue inter-alia that the directives threaten a religious divide and violate the fundamental rights of citizens guaranteed under Articles 14, 15, 17, and 19 of the Indian Constittuion. It is further claimed that they violate the right to privacy of owners and workers of eateries, exposing them to danger and making them targets.

Case Title: ASSOCIATION FOR PROTECTION OF CIVIL RIGHTS (APCR) Versus THE STATE OF UTTAR PRADESH AND ORS., W.P.(C) No. 463/2024