Directives Issued For Transparency And Informed Choice Of Consumer: Uttar Pradesh Defends Kanwar Yatra Notification Before SC
In the ongoing case related to Kanwar Yatra nameplate row, the State of Uttar Pradesh has filed its reply before the Supreme Court defending its notification directing all shopkeepers selling food items on the Kanwar Marg (the route taken by the Kanwariyas during the Kanwar Yatra) to display the names of shop owners and their employees.
It is to be noted that the Apex Court on July 22, had stayed the impugned notification. During the said hearing, nobody had appeared for the State of UP.
In its detailed reply filed through Advocate on Record (AoR) Ruchira Goel, the State has 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 crore of Kanwariyas participate annually. "The aforesaid press release dt 17.07.2024 was based on the meeting held on 13.07.2024 under the chairmanship of the Commissioner Saharanpur division for the Successful conduct of the Kavad Yatra 2024," the affidavit reads.
It states that the directive is limited to the route of the Kanwar Yatra for a period of less than 2 weeks. It further states 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.
"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 flareups and altercations on the Kanwar Yatra route with respect to onions and garlic being served at the eateries," the affidavit states.
The State of UP further states that the 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.
Furthermore, it states that the directive is "temporary" in nature and has been issued only for the duration on Kanwar Yatra which spans from July 22, 2024 to August 6, 2024 and so, it 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, it states that the said guidelines have only been issued for a limited geographical extent.
"The directives issued by the State were passed in response to the complaints received from the Kanwariyas regarding confusion caused by the names of the shops and eateries. The police authorities, upon receiving such complaints, took action to address the concerns of the pilgrims and maintain law and order," the affidavit reads.
In preparation for the annual Kanwar Yatra, a significant pilgrimage undertaken by devotees of Lord Shiva, state governments recently issued directions aimed at ensuring safety and compliance along the pilgrimage route. The Kanwar Yatra sees devotees traveling to prominent Hindu pilgrimage sites such as Haridwar, Gaumukh, and Gangotri in Uttarakhand, and Ajgaibinath in Sultanganj, Bhagalpur, Bihar, to fetch holy water from the Ganges River.
The Uttarakhand government, aligned with these measures, issued an oral advisory effective July 19–20, 2024. Similarly, in Uttar Pradesh, the Senior Superintendent of Police in Muzaffarnagar issued a directive on July 18, 2024, requiring all eateries along the Kanwar route to prominently display the names of their owners. This direction was subsequently expanded statewide on July 19, 2024.
Cause Title: Association of Protection of Civil Rights (APCR) v. The State of Uttar Pradesh and Ors., Mahua Moitra v. State of Uttar Pradesh, & Apoorvanand Jha & Anr. v. Union of India & Ors. [W.P. (C) No. 463/2024, Diary No. 32131/2024, and Diary No. 32127 / 2024]
Click here to read/download the Affidavit