SC extends stay on Kanwar Yatra order- ‘Can’t force for name’
#News Bureau July 26,2024
The Supreme Court has extended the interim stay on the Kanwar Yatra order. The instructions to the Uttar Pradesh and Uttarakhand governments stated that the names of owners and employees should be displayed on eateries located on the Kanwar Yatra route. This stay will continue till August 5, which is the next hearing date. Along with this, the court said that no one can be forced to reveal the name.
A bench of Justices Hrishikesh Roy and SVN Bhatti was hearing petitions filed by the Association for Protection of Civil Rights, TMC MP Mahua Moitra, Professor Apoorvanand and columnist Aakar Patel against the instructions of the Uttar Pradesh and Uttarakhand governments.
When the matter came up for hearing, senior advocate Dr Abhishek Manu Singhvi, appearing for Moitra, said that the Uttar Pradesh government had filed a counter affidavit at 10.30 pm last night. He said that is why time is needed now to file the reply. Stating that the affidavit has not come on record, the bench agreed to adjourn the matter.
Senior advocate Mukul Rohatgi, appearing for the state of Uttar Pradesh, said that as per the central law Food and Safety Standards Act, 2006, every food vendor, including dhabas, has to display the names of the owners. Therefore, the interim order passed by the court staying the direction to display the names of the owners is contrary to the central law.
The bench said that if there is such a law, the state should implement it in all areas. It said, ‘Then it should be implemented in all areas. Not only in some areas. File a counter showing that it has been implemented everywhere.’ Rohatgi requested an early hearing of the matter. Otherwise, the matter would become redundant as the Kanwar Yatra period would end in two weeks, he said.
Singhvi said that since there was no order to display the names of owners during the last 60 years of Kanwar pilgrimages, there is no harm in allowing the yatra this year without implementing such instructions. He said that the UP government has admitted in its affidavit that this instruction is creating discrimination.
Earlier, supporting the instructions issued by the state police to the eateries on the Kanwar Yatra route to display the names of the owners and employees, the Uttar Pradesh government told the Supreme Court that the purpose behind this is to provide transparency and choice to the consumers about the food consumed by the Kanwariyas during the journey. The government has said that their religious sentiments have been kept in mind so that they do not go against their faith even by mistake. Because such situations will obviously create tension, where lakhs and crores of people will be walking barefoot carrying holy water.
In the affidavit filed before the Supreme Court, the state government has also drawn the court’s attention to the Food and Safety Standards Act. It said that it requires registration of all small food businesses and mandatory display of photo identification of the owner and registration certificate, which sadly most dhabas do not have, some do not even have registration.
The Uttar Pradesh government said, “Kanwariyas follow a strict vegetarian, sattvic diet, avoiding onion, garlic and all other tamasic food items.” It also pointed out that “sattvic food does not only mean preparing food without onion and garlic, but also the method of preparing food, which is similar to the phalahar while observing fasts during other festivals.”
The government said that ‘an incident of inadvertently consuming food at a place, which would otherwise not be of their choice, may disturb the entire journey of Kanwariyas and disturb the peace and harmony in the area, which it is the duty of the State to maintain.’