The Uttar Pradesh government submitted an affidavit in the Supreme Court contesting petitions challenging its mandate requiring the display of business owners’ names along the Kanwar road.
In their affidavit, the UP government stated that the direction was issued to promote a peaceful completion of the Kanwar Yatra and increased transparency.
The idea behind the directive, according to the UP government, is transparency and informed choice of the consumer/Kanwaria regarding the food they eat during the Yatra period, keeping in mind their religious sentiments so that they do not, even accidentally, violate their beliefs.
“Such situations would obviously lead to flare ups where lakhs and crores of people are walking barefoot carrying holy water,” according to an affidavit of the UP government.
The affidavit was produced in response to a batch of petitions contesting the Senior Superintendent of Police’s direction to shop owners in Muzaffarnagar, Uttar Pradesh, to display their names outside their establishments during the Kanwar Yatra season. The police claimed that the decision was in the interest of law and order.
The injunction was reportedly enforced in numerous areas of Uttar Pradesh and Uttarakhand, with similar directives issued in Madhya Pradesh.
On July 22, the Supreme Court ordered a temporary stay on state government guidelines requiring eateries along the Kanwar Yatra route to publish the names of their proprietors outside such outlets.
The Supreme Court has also served notice on Uttar Pradesh, Uttarakhand, and Madhya Pradesh, where the Kanwar Yatra takes place.
A panel of Justices Hrishikesh Roy and SVN Bhatti will resume hearing the matter today.
In their affidavit, the UP government said that the need of plain openness, with prominent disclosures of the names of the restaurant proprietors and the type of food they offer, is “not discriminatory or restrictive at all.”
The UP government stated that the state has imposed no ban or limitation on food sellers’ trade or business (with the exception of the restriction on selling non-vegetarian food), and that they are free to perform their operations 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,” according to the document.
“Previous incidents have demonstrated that misunderstandings about the type of food being offered have resulted in tensions and riots. “The directives are a proactive measure to avoid such situations,” the Uttar Pradesh administration told the Supreme Court.
It stated that the decision was issued mainly to ensure the smooth completion of the Kanwar Yatra, which attracts more than 4.07 crore Kanwariyas each year.
Mahua Moitra, a Member of Parliament, the Association for the Protection of Civil Rights, Professor Apoorvanand of Delhi University, and activist Aakar Patel all filed complaints. They have challenged the guidelines, claiming they are causing religious discrimination and questioning the authority of the government to make such orders.
Last Monday, the Uttar Pradesh government instructed food and beverage facilities along Kanwar Yatra routes to show the name and identify of the operator/owner.
