scorecardresearch
Monday, August 5, 2024
Support Our Journalism
HomeJudiciaryUttarakhand calls SC stay order on directives to vendors on Kanwar route...

Uttarakhand calls SC stay order on directives to vendors on Kanwar route potential law-&-order threat

Directives to vendors to display names of owners & staffers are to prevent misrepresentation to Kanwar yatris & in line with central and state laws, says the Uttarakhand government.

Follow Us :
Text Size:

New Delhi: The Uttarakhand government has urged the Supreme Court to vacate its stay order on the state and Uttar Pradesh government directives to vendors and eateries along the Kanwar yatra route to display the names of the owners and staffers, emphasising it could create a law and order issue.

In a 25-page affidavit to the top court, the Bharatiya Janata Party-ruled hill state quoted central and state laws to back its directives, adding that the preventive measures are in line with the legal mandate and will ensure peaceful and harmonious pilgrimage for the Kanwar yatris.

According to the affidavit, if vendors display licenses, registration numbers, and identity cards, authorities can identify an intruder, mischief monger, or someone not registered with the civic body as a vendor.

The affidavit also said that a law-and-order situation could arise if vendors do not display such information, warning of possible clashes between communities and a situation where thousands of pilgrims suffer.

The state submitted the affidavit in the backdrop of a batch of petitions challenging the directives, after which a Supreme Court bench led by Justice Hrishikesh Roy stayed the directives on 22 July and, four days later, extended the order even though the Uttar Pradesh government tried to defend the directives.

The Uttar Pradesh government had denied the charges that the directive amounted to religious profiling and maintained that it was for public safety, given that there would be many yatris. The state, seeking a vacation on the stay order, had told the court that its interim direction “promotes misrepresentation” by vendors to the Kanwar yatris.

In a stand similar to that of the Uttar Pradesh government, the Uttarakhand government said that the directive is a requirement of “transparency” and that the prominent disclosure of the names of those operating the eateries and the food they serve is in the public interest, to avoid any misrepresentation inconsistent with the expectations of the customers they serve.

The state said it issued the directives to vendors after receiving complaints of misrepresentation from Kanwar yatris. Several roadside eateries misled the pilgrims in the names of Hindu gods and goddesses, but license verifications revealed they were not followers of those deities. That amounted to misrepresentation, the affidavit said, adding that the state was authorised to stop it to prevent a law-and-order issue.

The Uttarakhand government also refuted the allegation that the directive promoted untouchability or discriminated against citizens on grounds of religion, race, caste, sex and place of birth.

The affidavit said that to direct the vendors to disclose their names was within its jurisdiction under central and state legislation. While the central law the government cited is the Food Safety and Standards Act, 2006, the two state laws cited as the foundation for the directive are the Steet Vendors Act, 2016, and the Uttarakhand Panchayati Raj Act, 2016.

The directives do not amount to a ban or prohibition on the trade or business of the food sellers and are not arbitrary since they were within the terms of a statutory framework, said the affidavit. Regulations under the central and state laws mandated that every food seller, including dhaba owners, display their registration and identity card for the convenience of the buyers, it reiterated.

In response to the complaint that the state had involved the police in cracking down on vendors of a minority community, the state said the state had directed the police to implement the directive, according to the Panchayati Raj laws, and to enforce rules and regulations to ensure a smooth law-and-order situation in the state during the Kanwar yatra.

These regulations, the state said, are followed all over the state, regardless of religion or caste and apply to all citizens residing in Uttarakhand.

(Edited by Madhurita Goswami)


Also read: Coaching centres ‘death chambers’, says Supreme Court, issues notice to Centre, Delhi govt on safety


Subscribe to our channels on YouTube, Telegram & WhatsApp

Support Our Journalism

India needs fair, non-hyphenated and questioning journalism, packed with on-ground reporting. ThePrint – with exceptional reporters, columnists and editors – is doing just that.

Sustaining this needs support from wonderful readers like you.

Whether you live in India or overseas, you can take a paid subscription by clicking here.

Support Our Journalism

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Most Popular