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Synopsis

The Uttar Pradesh government has on July 25, 2024 told the Supreme Court that the directive issued by the Muzaffarnagar police to all food sellers to disclose nameplate was temporary in nature to ensure public safety, order, and transparency to protect sentiments of 'Kanwariyas' who take only 'sativik' foods during their 'yatra' in 'Shravan' month.

In an affidavit, the state government maintained the press release was issued on July 17, 2024 solely in the interest of ensuring a peaceful completion of the Kanwar Yatra, in which more than 4.07 Crores of Kanwariyas participate annually. 

"The idea behind the directives is 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 would obviously lead to flare ups where lakhs and crores of people are walking barefoot carrying holy water," it said.

On Monday, the top court had stayed the enforcement of directives issued by the state government of Uttar Pradesh and Uttarakhand, directing the shop owners along the Kanwar Yatra route to display their names & issued notices on the petitions filed by Association of Protection of Civil rights as well.

The state government further informed the Supreme Court that a mishap in the form of taking a meal unwittingly of a place that would have otherwise not been of their choice, could, for the Kanwaria, vitiate the entire Yatra, peace and tranquillity in the area, the maintenance of which, is the bounden duty of the State. 

In fact, it may be noted that in the past week itself, there have been flare ups and altercations on the Kanwar Yatra route with respect to onions and garlic being served at the eateries, it pointed out.

"The requirement of mere transparency, with prominent disclosures of the names of the operators of the eateries and the type of food they serve is certainly not discriminatory or restrictive at all. In fact, even a complete closure of slaughter houses in Gujarat for a period of 9 days during the Jain festival has been upheld by this Court, keeping in mind the sentiments of the devotees, in Hinsa Virodhak Sangh Vs Mirzapur Moti Kuresh Jamat and Ors (2008)," it said.

The state government maintained that the temporary nature of the directives ensured 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. Moreover, the said guidelines have only been issued for a limited geographical extent.

"The directives are also aimed at ensuring public safety and order during the Kanwar Yatra, given the large number of participants and the potential for communal tensions, it is imperative to take preventive measures that ensure a peaceful and harmonious pilgrimage. Past incidents have shown that misunderstandings regarding the type of food being sold have led to tensions and disturbances. The directives are a proactive measure to avoid such situations," it asserted.

The state government further said the directives also aligned with the fundamental duties of citizens as enshrined in Article 51A of the Constitution, which called upon every citizen to promote harmony and the spirit of common brotherhood amongst all the people of India. 

"By ensuring that the religious sentiments of the Kanwariyas are respected, the directives promote harmony and contribute to the spirit of brotherhood and peaceful coexistence," it said.

The state government also made a reference to the Food and Safety Standards (Licensing & Registration of Food Businesses (Regulations), 2011, framed under Section 92(2)(a) read with Section 31 of the Food and Safety Standards Act, 2006, which requires registration of all “petty food” businesses and mandatory disclosure of the photo ID of the owner and Registration Certificate, "which sadly is lacking in most dhabas, with some even lacking registration".

It also said the State has imposed no ban or prohibition on the trade or business of the food sellers (except the restriction on selling non veg food), and they are free to conduct their business as usual. 

"The requirement to display the names and identities of the owners is merely an additional measure to ensure transparency and avoid any potential confusion among the Kanwariyas. The directives do not impose any discrimination based on religion, caste, or community. The requirement to display the names and identities of the owners applies uniformly to all food sellers along the Kanwar Yatra route, irrespective of their religious or community affiliations," it said.

The affidavit further said 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 said.

"In fact, the State is obliged not to discriminate on the grounds of religion. Hence, during the festivals of all communities, both majority and minority, special attention is bestowed by the State," it said.

For instance, the state pointed out, traffic restrictions are in place all over the State during the holy festivals of Muharram and Eid (in fact, as is well known, arrangements are made for village fairs for the sale and purchase of goats during that period). Even the movement of pigs is restricted, as it would offend the religious sensibilities of the minority community, which by and large, consider pigs unclean and do not partake of pig meat.

The state government said the care is taken by the State to ensure that persons of all religions, faiths and beliefs coexist and equal importance is given to their festivals.

It called the petition filed by Association for Protection of Civil Rights as misconceived and not maintainable.