‘Can’t force anyone to disclose names’: Supreme Court extends interim stay on Kanwar
‘Can’t force anyone to disclose names’: Supreme Court extends interim stay on Kanwar Yatra order
M.U.H
26/07/2024175
The Supreme Court Friday extended its interim stay on the directive for eateries on the Kanwar Yatra route, saying that no one can be forced to disclose names.
Earlier in the day, backing the directives issued by the state police asking eateries along the Kanwar Yatra route to display the names of the owners and staff, the Uttar Pradesh government had told the Supreme Court that “the idea behind” it was “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 accidentally, fall foul of their beliefs” as “such situations would obviously lead to flare ups where lakhs and crores of people are walking barefoot carrying holy water”.
In an affidavit filed before the top court, which ordered an interim stay of the directives on July 22, the state also drew the court’s attention to “Regulation 2.1.1 (5) of the Food and Safety Standards (Licensing & Registration of Food Businesses (Regulations), 2011” and said it “requires registration of all ‘petty food’ businesses and mandatory disclosure of the photo ID of the owner and Registration Certificate, which sadly is lacking in most dhabas, with some even lacking registration”.
The UP government said, “Kanwariyas follow a strict vegetarian, satvik diet, eschewing onion, garlic and all other tamasic foods”. It also pointed out that “satvik food does not just mean the preparation of food without onions and garlic, but is also the manner of preparation of the food, similar to falhar during other festivals when fasting ceremonies are undertaken”.
The government said that “a mishap in the form of taking a meal unwittingly of a place that would have otherwise not been of their choice, could, for the Kanwariya, vitiate the entire Yatra, peace and tranquillity in the area, the maintenance of which, is the bounden duty of the State”.
The affidavit also pointed out that “in the past week itself, there have been flareups and altercations on the…Yatra route with respect to onions and garlic being served at the eateries”.
The state said that “it is obvious that for the crores of such pilgrims, many of whom are not literate, and who are walking barefoot with religious fervour, even small confusions regarding the kind of food they are served, has the potential to hurt their religious sentiments and cause flare ups, especially in a communally sensitive area like Muzaffarnagar”.
The affidavit said 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 UP government said that “the requirement of mere transparency, with prominent disclosures of the names of the operators of the eateries and the type of food they serve, is certainly not discriminatory or restrictive at all” and added that “even a complete closure of slaughter houses in Gujarat for a period of 9 days during the Jain festival has been upheld by” the Supreme Court “keeping in mind the sentiments of the devotees”.
The state said that the directives are temporary and have been issued only for the duration of the Kanwar Yatra, which spans from July 22 to August 6. That it is temporary “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. Moreover, the said guidelines have only been issued for a limited geographical extent”, it added.
The directives also “do not impose any discrimination based on religion, caste, or community. The requirement to display the names and identities of the owners applies uniformly to all food sellers along the Kanwar Yatra route, irrespective of their religious or community affiliations”, the state pointed out.
The affidavit said that the state “being committed to the secular values enshrined in our Constitution, protects the religious sentiments of every individual regardless of his or her religion”, and to this end, “always takes steps to ensure that all religious festivals/functions of all religious denominations are celebrated/ carried out peacefully, without offending the religious sentiments of the people, and takes measures to prevent any untoward law and order situation”.
It pointed out, “For instance, traffic restrictions are in place all over the state during the holy festivals of Muharram and Eid (in fact, as is well known, arrangements are made for village fairs for the sale and purchase of goats during that period). Even the movement of pigs is restricted, as it would offend the religious sensibilities of the minority community, which by and large, consider pigs unclean and do not partake of pig meat. It is a matter of common knowledge that during the Haj season, when pilgrims go to Mecca Medina after registration with the Haj Committee of the Government of India, special care is taken by the Centre and states, including at airports, to ensure the availability of, inter alia: i. special Wazoo (washing) facilities; ii. prayer areas; iii. dedicated check in counters; and iv. Haj guest houses for rest prior to reaching the airport.”
“Thus, care is taken by the state to ensure that persons of all religions, faiths and beliefs coexist and equal importance is given to their festivals,” said the state.
The government said the directives “were passed in response to the complaints received from the Kanwariyas regarding confusion caused by the names of the shops and eateries. The police authorities, upon receiving such complaints, took action to address the concerns of the pilgrims and maintain law and order”.
The state also said that it “has imposed no ban or prohibition on the trade or business of the food sellers (except the restriction on selling non veg food), and they are free to conduct their business as usual. The requirement to display the names and identities of the owners is merely an additional measure to ensure transparency and avoid any potential confusion among the Kanwariyas”.