“It will infringe into the secular character of India…” Supreme Court stays the UP and Uttarakhand Govt Kanwar Yatra Eateries Order

The Supreme Court of India on Monday has put a stay on the controversial directive issued by the Uttar Pradesh (UP) and Uttarakhand governments asking the eateries falling on the Kanwar Yatra route to display the names of the owners and their staff. “Food sellers must not be forced to display names of owners, staff..." the bench of Justices Hrishikesh Roy and SVN Bhatti observed whiling passing the interim order. The matter will heard next on Friday. The bench however clarified that the eateries must display the type of food available there.

A batch of petitions were filed before the Apex court challenging the BJP ruled state government’s orders, including the ones filed by NGO Association for Protection of Civil Rights, TMC MP Mahua Moitra. "...without support of provisions, if the directive is permitted to be enforced... it will infringe into the secular character of Republic of India”, the bench observed. The original directive was passed by the Muzaffarnagar police and later imposed across the state of UP. The police had reasoned that this was done to ensure there happens no confusion among kanwariyas, and no allegations were raised in the future, leading to any law and order situation.

“This wasn’t an issue of law and order. This was rather divisive politics to do Hindu-Muslim. That we have caught and now the Supreme Court has also caught the lies of BJP government. We welcome the interim order by the SC. The order was absolutely illegal. The government order was meant to create religious discrimination. The SC order is a great victory of the constitution and the people of India”, said TMC Mahua Moitra outside the parliament in New Delhi.

Senior Advocates AM Singhvi, CU Singh and Huzefa Ahmadi appeared for the petitioners. Singhvi had argued before the court that when someone goes to a restaurant, people ask for the food menu and not ask for the names of the people who would serve the food. “The idea of this directive is exclusion by identity. This is not the Republic of India we envisaged in Constitution..." Advocate Singhvi argued before the court.

After UP, even Uttarakhand government had followed with similar directive. Monday happens to be the first day of ‘sawaan’ as per the Hindu calendar. Kanwariyas- the devotees of Lord Shiva, during this ‘sawaan’ month carry out the Yatra with holy water from the Ganges in Haridwar. On their way they generally consume vegetarian food from the local eateries. The UP police directive had asked for eateries to display the names of the staff and the owner of the eateries. Several eateries, after the directive had reportedly relieved several staff from the Muslim community fearing repercussions.

Petitioners had challenged if the exercise undertaken by police would identify Muslims and subject them to boycott, if that would lead to discrimination on the lines of religion. “This is worrying situation where police are taking it upon themselves to create a divide…it has never been done before... has no statutory backing. No law gives police power to do this" Adv Singhvi had argued.