The Supreme Court on Monday issued a stay on directives from various states requiring shop owners and hawkers to display their names outside their establishments during the Kanwar Yatra season. The Bench, comprising Justices Hrishikesh Roy and SVN Bhatti, issued notices to Uttar Pradesh, Madhya Pradesh, Uttarakhand, and other states where the Kanwar Yatra occurs, setting the next hearing for July 26.
In the interim order, the Court prohibited the enforcement of these directives, allowing food sellers and hawkers to indicate the type of food they serve to Kanwariyas without disclosing their names. This decision came in response to petitions challenging the directive issued by the Uttar Pradesh Police in Muzaffarnagar, which mandated shop owners to display their names during the Kanwar Yatra season.
The UP government had mandated on July 19 that food and beverage shops along Kanwar Yatra routes must display the name and identity of the operator/owner. The government argued this was necessary for law and order. The directive faced criticism for allegedly targeting Muslim shop owners by revealing their religious identity.
Petitioners, including the Association for Protection of Civil Rights, Delhi University Professor Apoorvanand, activist Aakar Patel, and MP Mahua Moitra, challenged the directive. Senior Advocate Chander Uday Singh, representing the Association for Protection of Civil Rights, argued that the directive lacked statutory backing and disproportionately affected poor vegetable and tea stall owners, potentially leading to economic boycott and hardship.
Senior Advocate Abhishek Manu Singhvi, representing MP Mahua Moitra, contended that the directive was discriminatory and exclusionary. Justice Bhatti cautioned against exaggerating the arguments, suggesting that the directives also had dimensions of safety and hygiene.
The Court queried the expectations of Kanwariyas and whether they required food to be prepared and served by a certain community. Singhvi responded that the directive was exclusionary and impacted not just minorities but Dalits as well. The judges shared personal experiences and perspectives on the matter, with Justice Bhatti recounting his preference for a Muslim-owned vegetarian hotel due to its hygiene standards.
Senior Advocate Huzefa Ahmadi, representing Professor Apoorvanand and Patel, confirmed the issuance of a public notice by UP authorities and cited a statement by UP Chief Minister Yogi Adityanath enforcing the police directives. Ahmadi argued that the directive violated the constitutional principles of secularism and fraternity.
No representatives for the respondent authorities were present at the hearing.
TAGS: Supreme Court stay shop owners hawkers Kanwar Yatra Uttar Pradesh directive religious identity exclusion economic impact petitions law and order
