The Supreme Court today stayed the Uttar Pradesh and Uttarakhand governments’ controversial order requiring food sellers along the Kanwar Yatra route to display the names of their owners. However, the court clarified that eateries must still display the type of food being served.
The bench of Justices Hrishikesh Roy and SVN Bhatti issued an interim order while reviewing a batch of petitions challenging the directives. Petitioners include TMC MP Mahua Moitra, political commentator and Delhi University academic Apoorvanand Jha, and columnist Aakar Patel. The court said that Kanwariyas can receive food according to their preferences, provided standard hygiene is maintained.
Justice Bhatti stated that the issue should not be exaggerated and summarised the directives into three dimensions: safety, standards, and secularism.
Senior advocate Dr Abhishek Manu Singhvi, representing the petitioners, questioned the “rational nexus” of such an order. He expressed concern that the directives could lead to the identification of food sellers, potentially resulting in economic boycotts and a “domino effect” across other states. Singhvi also criticised the police authorities for creating unnecessary divisions with these directives.
Singhvi pointed out that the directives states “sweccha se” (by will). He argued that these are camouflaged because if the names are disclosed, the person would face economic exclusion. If the names are not disclosed, the person would be liable to pay fine.
Singhvi cited the Food Safety Standard (Labelling and Display) Regulations, 2020, under the Food Safety and Standards Act, 2006, arguing that the law does not require owners to display their names on eateries. He informed the court that the legislation only mandates two conditions for food items: the disclosure of calorie content and whether the food is vegetarian or non-vegetarian.
“There are a lot of ‘pure vegetarian’ restaurants run by Hindus… but they may have Muslim employees. Can I say I won’t eat there? Because food is somehow ‘touched’ by them?” Singhvi argued.
The Uttar Pradesh directive, later followed by Uttarakhand, for eateries along the Kanwar route to display owner names sparked massive outrage and criticism for potentially widening the communal divide.
After backlash from a senior BJP minority leader, BJP allies and the opposition, the police clarified that compliance was “voluntary”. However, UP Chief Minsiter Yogi Adityanath’s office said that nameplates will have to be put on the food shops on the Kanwar routes across UP.
“The decision was taken to maintain the purity of the faith of Kanwar pilgrims. Action will also be taken against those selling products with Halal certification.”
Senior BJP leader Mukhtar Abbas Naqvi criticised the directive, urging a review of the order affecting the shopkeepers along the 240-km kanwar route from Haridwar to Delhi.
The Janata Dal (United), the third-largest member of the National Democratic Alliance (NDA), also flagged the order. KC Tyagi, national spokesperson of the JDU, said the order should be reviewed.
Union minister and Lok Janshakti Party (Ram Vilas) leader Chirag Paswan said that the society is divided into two classes: the rich and the poor, and that individuals of various castes and religions can be found in both groups.
He added, “Whenever there is such divide in the name of caste or religion, I absolutely do not either support it or encourage it.”
Jayant Chaudhary’s Rashtriya Lok Dal (RLD), another BJP ally, also believes that the diktat of asking vendors to show nameplates is absolutely wrong.
Samajwadi Party chief Akhilesh Yadav called it a “social crime” and urged the courts to take suo motu cognisance.
“This was called apartheid in South Africa and Juden boycott in Hitler’s Germany,” AIMIM chief Asaduddin Owaisi said on X.
Bahujan Samaj Party (BSP) chief Mayawati warned that it could disturb the communal harmony.
In response, the BJP described the order as a preventive step. “There is no harm in displaying the identity of the person. There were several reports that posters of Hindu Gods are being used and illegal activity takes place in the guise of the same. The government has taken a preventive step,” Rakesh Tripathi, UP BJP spokesperson, said.
Around 30 million Kanwariyas will undertake the journey to Haridwar from various parts of the country between July 22 and August 2.
