Kanwar Yatra: Supreme Court extends interim stay on directives for eateries during pilgrimage

Supreme Court/ File pic

The Supreme Court on Friday prolonged an interim decision made on July 22 that suspended instructions issued by the BJP-ruled states of Uttar Pradesh, Uttarakhand, and Madhya Pradesh. These regulations demanded that eateries along the Kanwar Yatra routes publish the identities of their owners and employees.

A bench of Justices Hrishikesh Roy and S V N Bhatti declared that they would not give any clarification on the July 22 order, stating, "We have said everything that needed to be said in our July 22 order." We can't force people to reveal their names."

The bench requested that the Madhya Pradesh and Uttarakhand governments answer to the petitions contesting their separate instructions. Petitioners were also given the opportunity to respond to the responses of the state governments, and the case was set for a hearing on August 5.

The Uttar Pradesh administration justified the edict, claiming that it sought to enhance openness, minimise "potential confusion," and ensure a pleasant Kanwar Yatra.

On July 22, the Supreme Court granted an interim stay on the instructions from Uttar Pradesh, Uttarakhand, and Madhya Pradesh.

Kanwar Yatra: UP defends the 'display name' diktat

The UP government, on Friday, defending its directive requiring eateries along the Kanwar Yatra route to display the names of owners and staff, said that they only wanted to avoid "potential confusion".

"It may be noted that 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 accidentally, fall foul of their beliefs," the Uttar Pradesh government said in its reply.

"It is submitted that the impugned Press Release was issued solely in the interest of ensuring a peaceful completion of the Kanwar Yatra, in which more than 4.07 Crores of Kanwariyas participate annually," it said per PTI report.

According to the report, the UP government told the court that there was no ban or prohibition on trade or business except the restriction on selling meat. "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," it added.

The UP government's affidavit stated that the directions were not imposing any discrimination and that the "requirement to display the names and identities applies uniformly to all food sellers along the route, irrespective of their religious or community affiliations".

"The Kanwar Yatra is an annual pilgrimage during the month of Shravan performed by Shiva devotees who carry water from the Ganga from Haridwar and other holy places to offer to Lord Shiva at various places of worship across the state and even beyond the state. Crores of pilgrims take part with religious fervour, many not literate, and walking barefoot. Even small confusions regarding the kind of food they are served have the potential to hurt their religious sentiments and cause flare-ups, especially in a communally sensitive area like Muzaffarnagar," the state government said in their affidavit.

"Such situations would lead to flare-ups... A mishap in the form of taking a meal unwittingly at 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. 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 said.