The Supreme Court on July 22 prohibited the enforcement of directives issued by the Uttar Pradesh and Uttarakhand governments requiring food stalls en route the Kanwar Yatra to prominently exhibit the names and other identity details of their owners and employees.
A Bench of Justices Hrishikesh Roy and S.V.N. Bhatti said stalls, hawkers, vegetable sellers, dhaba owners, etc., on the Kanwariya route were free to display the kind of food they sold but should not be compelled by the police to display the names or, for that matter, the caste or religious identity of their owners or employees.
The court said it was permissible for authorities to ensure that Kanwariyas were served vegetarian food, conforming to standards of hygiene and according to their dietary preferences. However, the police could not usurp the powers of municipal authorities through orders that restrict freedoms without the support of law.
The court acknowledged that the impact of the directives was spread across multiple States, requiring it to judicially intervene immediately.
The Bench issued notice to States through which the yatra traverses, including Uttar Pradesh, Uttarakhand, Delhi and Madhya Pradesh. It said States not impleaded, but through which the yatra would pass, shall be issued suo motu notice. The court listed the case on Friday.
The order came on separate petitions filed by the Association for Protection of Civil Rights, represented by senior advocate C.U. Singh and others, including Trinamool Congress MP Mahua Moitra, academic Apoorvanand Jha, and columnist Aakar Patel.
The petitioners argued that the directives affected the secular character of the nation, infringed the secular values enshrined in the Preamble to the Constitution, and violated fundamental rights of equality, caste non-discrimination, and dignity of life.
The directives had led to the forcible retrenchment of employees working in the shops en route the Kanwar Yatra, amounting to the violation of the fundamental right to earn a livelihood or do business or trade.
“It would require very large boards to display the names, caste and other identity details of the owners and all the employees. This is sheer exclusion by identity,” senior advocate A.M. Singhvi submitted.
Those who ignored the directives either had to pay hefty fines or face legal proceedings. The directives were compulsory in nature though couched in language suggesting shop owners could take a voluntary decision.
“There is a Catch-22 situation here… If I don’t put my name, I will be fined. If I put my name, I may be discriminated against owing to my religious identity or caste,” Mr. Singhvi said.
Senior advocate Huzeifa Ahmadi, for Mr. Jha and Mr. Patel, said the directives formalised a “form of untouchability”.
“They created an apprehension in the minds of employees. They are made to feel that they are unsafe unless they display their names,” Mr. Ahmadi argued.
Source : The Hindu
UP Govt orders displaying owner’s name on the shops enroute ‘Kanwar Yatra’ in Muzaffarnagar (UP)
20th July 2024
Opposition parties protest stating that this order is an attempt to economically boycott Muslims
Muzaffarnagar (UP) : Following orders from the administration, all shopkeepers, dhaba owners, and fruit vendors in Muzaffarnagar District have started writing their names on their shops and carts. This directive comes ahead of the Kanwar Yatra, which is set to begin on 22nd July. According to the administration, this step has been taken to avoid confusion among the pilgrims and potential issues related to law and order. Recently, Muzaffarnagar MLA and State Minister Kapil Dev Agarwal had stated in a District-level meeting that ‘to avoid any disputes, Muslims should not give the names of Hindu Deities to their shops.’ Consequently, the administration issued this directive.
1. Senior Superintendent of Police Abhishek Singh mentioned that preparations for the Kanwar Yatra are ongoing. The total length of the Kanwar Yatra routes in the District is about 240 km. All eateries on these routes must display the name of the owner or staff. This order applies to hotels, dhabas, and carts where the Kanwar pilgrims buy food items.
2. The Chief Minister of the State, Yogi Adityanath, reviewed the preparations for the Kanwar Yatra. He ordered the Public Works Department, Irrigation Department, and Urban Development Department to complete the remaining work on the yatra routes within the next 72 hours. The Chief Minister also instructed that the entire Kanwar Yatra route should be kept clean and this practice should continue for a month. Additionally, arrangements for lighting on the routes were also ordered.
What is Kanwar Yatra ?
In the month of Shravan, millions of devotees from Uttar Pradesh, Delhi, Haryana, and Rajasthan carry holy water from the river Ganga in Haridwar, Uttarakhand, and walk back to their respective Districts. They perform Abhishek (ritual bathing) in local temples with this water, carrying it in Kanwars, hence the pilgrimage is called Kanwar Yatra.
Opposition parties criticise
The Court should take Suo Motu cognisance of this order : Akhilesh Yadav
https://x.com/yadavakhilesh/status/1813907124377764175
1. Samajwadi Party President and MP Akhilesh Yadav posted that, “The Court should take Suo Motu cognisance of this matter and investigate the administration’s intentions, followed by appropriate punitive action. Issuing an order that disturbs social harmony and peace is a social crime.” (When Muslims attack Hindu religious processions near mosques, doesn’t it disturb harmony ? Where does Akhilesh Yadav hide then ? – Editor).
2. Renowned lyricist Javed Akhtar posted that in Nazi regime (Hitler’s regime in Germany), marks were put up on the shops. (The Nazis killed millions of Jews in gas chambers. In India, on the other hand, religious fanatic Muslims kill Hindus. Note that Javed Akhtar is deliberately calling Hindus ‘Nazis’ and supporting religious fanatic Muslims – Editor).
https://x.com/Javedakhtarjadu/status/1813783008828412306
3. The Congress, Trinamool Congress and AIMIM have opposed this order. AIMIM MP Asaduddin Owaisi compared this Government order to apartheid in South Africa. (In Kashmir, local Muslims forced Hindus to flee. Why doesn’t Owaisi ever speak about that ? What kind of hatred is that ? He never explains it – Editor).
https://x.com/aimim_national/status/1813893360920273001
Editorial Perspectives
- In fact, a law should be enacted across the country to mandate shops, hotels and even handcart vendors to display the owner’s name. Not just in UP, across many places in the country, Muslim owners are misleading Hindus by naming their shops after Hindu Deities. This measure is critical to stop this.
- This is an excellent way to prevent Spit Jihad, Land Jihad, Love Jihad, and other such Jihads.
- When Hindus are forced to buy ‘Halal certified’ products unnecessarily, none of the opposition parties speak up; but now, if the Government officially orders to display the truth, why do they have a problem ?
Source : Sanatan Prabhat
