TMC MP Mahua Moitra moves SC against Uttar Pradesh Govt’s controversial order over Kanwar Yatra Eateries

Trinamool Congress MP Mahua Moitra has moved to the Supreme Court with a petition, first from any opposition leader, against the controversial order of Uttar Pradesh and Uttarakhand governments asking all eateries along the the route of the ‘Kanwar Yatra’ to display the names of the owners and the staff working there.

Senior Superintendent of Police, Muzaffarnagar, on July 18 had issued a directive requiring all eateries along the Kanwar route to display the names of the owners. This direction was later extended statewide on the following day. Similar orders were passed in Uttarakhand, drawing criticism from the opposition of blatant communal discrimination in both the BJP-ruled states.

Moitra’s PIL, which is yet to be listed for hearing has called out the directives, “makes it clear that dietary choices is a pretext, or a proxy, for the compelled disclosure of personal -- and, in this case, religious -- identity”. The PIL further highlighted that by forcing the disclosure of the names of proprietors and even those of their staff, on the stated ground of respecting pilgrims' dietary choices, the state governments were creating an atmosphere of communal discord that would affect the livelihood of a community.

The petition has also claimed that there has been a sharp rise in hate crimes in Uttar Pradesh due to systematic circulation of unchecked fake news targeting the Muslim community since June 2023, imputing that Muslim community members were polluting food served to the pilgrims.

“Since June 2023, the Respondent No. 1 (State of UP) continued to empower and embolden the anti-social elements by actively targeting Muslim owned businesses based on fabricated and malicious information circulated by the anti-social elements. The Respondent No. 1 (State of UP), through acts of commission and omission, created conditions for the complete economic boycott of Muslim minorities on the pretext of their 'impure' dietary choices”, the petition read

Stating the orders may expose individuals to social persecution, the petition has challenged it calling it a violation of fundamental rights and including right to privacy. The petition has also highlighted as how in July 2023 and July 2024, Muslim eatery owners received threats of closure, and WhatsApp messages identifying Muslim-owned eateries in Muzaffarnagar were circulated to prevent Kanwar Yatris from purchasing food from them.

“it is the State's affirmative obligation to maintain public order. The State cannot outsource or abdicate its obligations by requiring citizens to give up their rights to free speech in order that public order is maintained. This inverts the relationship between the State and the citizen, and amounts to giving in to the ‘heckler's veto’…”, the petition argued

Senior advocate and Congress leader Abhishek Manu Singhvi is expected to appear for the matter, if admitted by the top court. The Supreme Court on Monday is scheduled to hear a similar plea against the Uttar Pradesh government filed by NGO Association of Protection of Civil Rights.​