New Delhi: The Supreme Court today stayed directives from the Uttar Pradesh and Uttarakhand governments. These directives required eateries along the Kanwar Yatra route to display the names of owners and staff outside shops.
The Court emphasized that food sellers must not be forced to display names.
Justices Hrishikesh Roy and SVN Bhatti issued the interim order. They issued a notice on a batch of petitions challenging the government directives. The next hearing is on Friday.
The bench clarified that eateries should display the type of food being served.
“We deem it appropriate to pass interim order prohibiting the enforcement of the above directives. In other words, food sellers may be required to display kind of food but must not be forced to display names of owners, staff employed,” Supreme Court of India.
Legal Challenge and Arguments
The petitioners challenged the directives as religious discrimination. They questioned the government’s authority to issue such directives. The Muzaffarnagar police passed the original directive, later extended statewide.
Entities including the NGO Association for Protection of Civil Rights, Professor Apoorvanand, Aakar Patel, and TMC MP Mahua Moitra filed several petitions. Senior Advocates AM Singhvi, CU Singh, and Huzefa Ahmadi represented the petitioners.
Senior advocate Dr. Abhishek Manu Singhvi argued that the directives lacked a rational nexus. He claimed they could lead to economic boycotts and community division. He emphasized that the directives would unfairly target owners and staff, leading to economic exclusion.
Dr. Singhvi clarified that the directives, although issued through press statements, were being strictly enforced. He highlighted that no law empowered police commissioners to issue such orders.
Justice Roy inquired whether any formal government order had been issued. Dr. Singhvi replied that it was a “camouflaged order,” with voluntary directives being enforced coercively, including fines for non-compliance.
Safety, Standard, and Secularism
Justice Bhatti noted that the directives had three dimensions: safety, standard, and secularism. He emphasized that the issue should not be exaggerated.
“The Kanwar Yatra has been a long-standing tradition in India. People from various religions support Kanwariyas. He pointed out that existing laws already regulate the serving of vegetarian and non-vegetarian food, questioning the necessity of the new directives,” Dr. Singhvi
Economic and Social Implications
Dr. Singhvi argued that the directives could lead to economic exclusion. They violate fundamental rights guaranteed under Articles 14, 15, and 17 of the Indian Constitution. He mentioned that minority community members had reportedly lost their jobs due to these directives.
Senior advocate CU Singh, representing a similar petition, pointed out that non-compliance with the directives could result in fines ranging from Rs. 2000 to 5000. He emphasized that the Food Safety Standard (Labelling and Display) Regulations, 2020, only require the display of calorie content and whether food items are vegetarian or non-vegetarian.
Broader Impact
The Muzaffarnagar police initially issued the directives on July 18, 2024, and extended them statewide on July 19, 2024. Authorities are now enforcing them rigorously across all districts of Uttar Pradesh and Uttarakhand. The petitioners argued that these directives cause disproportionate intervention. They violate the right to privacy of owners and workers, exposing them to potential danger.
In conclusion, the Supreme Court’s stay on the directives provides temporary relief to the petitioners. The next hearing is scheduled for Friday.
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