New Delhi: The Supreme Court Friday extended its interim stay on the controversial orders of the Uttar Pradesh and Uttarakhand governments asking shopkeepers to display their names outside their establishments during the Kanwar Yatra. The bench of Justices Hrishikesh Roy and S.V.N. Bhatti said the stay would continue till the next date of hearing, that is 5 August.
This came a day after the UP government defended its directive in a response filed in the apex court asserting that it was issued to ensure “peaceful completion” of the yatra.
The UP government’s reply, filed Thursday, emphasised on the manner in which Kanwariyas undertake the yatra, and pointed out they followed a “strict vegetarian, satvik diet, eschewing onion, garlic and all other tamasic foods”. The directive, it therefore said, was to ensure transparency and avoid any potential confusion among Kanwariyas.
“It is obvious that for the crores of such pilgrims, many of whom are not literate, and who are walking barefoot with religious fervour, even small confusions regarding the kind of food they are served, has the potential to hurt their religious sentiments and cause flare ups, especially in a communally sensitive area like Muzaffarnagar,” it said.
The Supreme Court had stayed the orders on 22 July, in an interim order that said that shopkeepers should display the type of food served, but need not display their names, castes or that of their employees. The apex court is hearing petitions filed by the NGO Association for Protection of Civil Rights, Trinamool Congress MP Mahua Moitra, academic Apoorvanand Jha and columnist Aakar Patel.
During the hearing Friday, senior advocate Abhishek Manu Singhvi, appearing for Moitra, submitted that the Uttar Pradesh government’s affidavit was filed at 10.30 pm Thursday, and so he needed time to file a rejoinder.
The bench then agreed to adjourn the matter, noting the affidavit had not come on records.
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‘Directives promote harmony’
In its affidavit, UP also fended off discrimination allegations, arguing that the requirement to display the names and identities of the owners applied uniformly to all food sellers along the Kanwar Yatra route, irrespective of their religious or community affiliations.
The directives, it asserted, were aimed at “ensuring public safety and order during the Kanwar Yatra, given the large number of participants and the potential for communal tensions”. The government said it was imperative to take preventive measures “that ensure peaceful and harmonious pilgrimage”. It also pointed out that the directives were “temporary” and had limited geographical extent.
The government went on to claim that its directives “promote harmony and contribute to the spirit of brotherhood and peaceful coexistence”, by ensuring that religious sentiments of Kanwariyas were respected.
During the hearing, senior advocate Mukul Rohatgi, appearing for Uttar Pradesh, also submitted that the Food and Safety Standards (Licensing & Registration of Food Businesses (Regulations), 2011 required registration of all “petty food” businesses and mandatory disclosure of the photo ID of the owner and registration certificate. He alleged the Supreme Court’s stay was contrary to the central law.
However, the bench responded that if there was such a law in place, then the state should enforce it in all the areas.
“Then let it be enforced all over… not only in certain states. File a counter showing it has been enforced all over,” Justice Roy was quoted as saying by LiveLaw.
‘UP committed to protecting secular values’
UP’s response called the petition “misconceived and not maintainable”, and asserted that “the State of Uttar Pradesh, being committed to the secular values enshrined in our Constitution, protects the religious sentiments of every individual regardless of his or her religion”.
“To this end, the State always takes steps to ensure that all religious festivals/functions of all religious denominations are celebrated/ carried out peacefully, without offending the religious sentiments of the people, and takes measures to prevent any untoward law and order situation,” it added.
The state government asserted that during festivals of all communities, “special attention” was bestowed by it. It gave examples of how traffic restrictions were in place all over the state during Muharram and Eid, and movement of pigs was restricted, as it would offend the religious sensibilities of the minority community.
As for its latest directive, it said that the idea was “transparency and informed choice of the consumer/Kanwaria regarding the food they eat during the period of the Yatra, keeping in mind their religious sentiments so that they don’t, even accidently, fall foul of their beliefs.” Such situations, it said, would lead to flare-ups.
It also pointed out the temporary nature of the directives issued by the authorities “ensures that they do not inflict any permanent discrimination or hardship on the food sellers, simultaneously ensuring maintaining the sentiments of Kanwariyas and their religious beliefs and practices”.
During the hearing, Singhvi referred to this paragraph from the affidavit, saying, “So they say there is discrimination, but it is not permanent”.
While Rohatgi requested an early hearing, pointing out the yatra would be over in two weeks, Singhvi submitted the pilgrimage has been happening for several years without the mandate to display owners’ names, and so the yatra could be allowed this year as well without the enforcement of such directions.
(Edited by Tikli Basu)
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