Kanwariyas walk past a shop on which banners with shopkeeper’s name was put up on Kanwar Marg after an order issued by Uttar Pradesh Government, in Muzaffarnagar on July 20, 2024.
| Photo Credit: PTI
The Supreme Court, in an interim order on July 22, prohibited the enforcement of the Uttar Pradesh and Uttarakhand Governments’ directives to display the names of food shop owners and their employees en route to the Kanwar Yatra.
A Bench of Justices Hrishikesh Roy and S.V.N. Bhatti said the owners may display the kind of food served but need not display their names, castes or that of their employees.
The Bench asked Trinamool Congress MP Mahua Moitra, who approached the top court against the orders, if any formal order has been passed by the Uttar Pradesh and Uttarakhand Governments that eateries along the Kanwar Yatra route must display the names of their owners.
The Bench posed the query to senior advocate Abhishek Singhvi, appearing for Ms. Moitra, after he submitted that a ‘camouflaged’ order has been passed to display names of owners of eateries.
“Has any formal order been passed by the State Governments,” the Bench asked.
Mr. Singhvi said the orders passed by the Uttar Pradesh and Uttarakhand Governments is exclusion by identity and against the Constitution.
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The top court issued notice to States en route to the Kawar Yatra. This may ostensibly include Uttar Pradesh, Uttarakhand, Delhi and Madhya Pradesh. The States not impleaded but en route to the yatra have been suo motu issued notice. The court list the case on Friday.
The order came on a petition filed by the Association for Protection of Civil Rights, represented by senior advocate CU Singh, and two other petitions filed by TMC MP Mahua Moitra, represented by senior advocate AM Singhvi, and academic Apoorvanand Jha and columnist Aakar Patel.
The petitioners argued that the directives impact the secular character of the nation, breaches the ideals and values enshrined in the Preamble to the Constitution and violate fundamental rights of equality, caste non-discrimination and dignity of life.
The directives have led to the forcible retrenchment of employees working in the shops enroute the Kawar Yatra, amounting to the violation of the fundamental right to earn a livelihood or do business or trade.
It was permissible for authorities to ensure that Kawariyas are served vegetarian food, conforming to standards of hygiene and according to their preferences. However, authorities are not empowered to restrict freedoms without the support of law.
It was also argued that the impact of the directions spreads across multiple States, requiring the Supreme Court to intervene immediately.
(With PTI inputs)
