Supreme Court Stays UP Government’s Directive on Displaying Owners’ Names Along Kanwar Yatra Route.
New Delhi:
In a significant development, the Supreme Court has issued an interim stay on the Uttar Pradesh government’s directive requiring eateries along the Kanwar Yatra route to display the names of their owners. The directive, which was challenged through petitions by various individuals and organizations including the Association for Protection of Civil Rights, TMC MP Mahua Moitra, and Prof Apoorvanand Jha, faced scrutiny over its constitutionality.
A Bench comprising Justice Hrishikesh Roy and Justice SVN Bhatt passed the ex-parte order, issuing notices to the governments of Uttar Pradesh, Madhya Pradesh, Uttarakhand, and other states involved in the Kanwar Yatra. The matter has been scheduled for further hearing on July 26.
“We deem it appropriate to pass an interim order prohibiting the enforcement of the above directives. In other words, the food sellers, hawkers etc, may be required to display the kind of food they are serving to Kanwariyas but they must not be forced to disclose the names of owners and staff employed,” the Bench stated, temporarily halting the UP government’s order.
The petitioners argued that the directive was against secular principles and could foster exclusion based on identity. They contended that such mandates promote discrimination by emphasizing religious and caste identities, potentially violating Article 15 of the Constitution.
The Uttar Pradesh government defended its decision, asserting it was crucial for maintaining law and order along the Kanwar Yatra routes. The directive, issued on July 19, mandated food and beverage establishments to display the names or identities of their operators. However, critics, including opposition parties and Muslim organizations, criticized the move as discriminatory, particularly targeting Muslims.
Similar directives have been issued in BJP-ruled Madhya Pradesh by the Ujjain Municipal Corporation, which mandates shop owners to display their names and mobile numbers outside their establishments. Violations of this directive could lead to fines ranging from Rs 2,000 to Rs 5,000.
The Supreme Court’s interim order signifies a pause on the implementation of these directives pending further judicial review, underscoring the complex intersection of public order, identity politics, and constitutional rights in the context of religious gatherings like the Kanwar Yatra.