Why in News ?
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.
What is Kanwar Yatra ?
Every year, the devotees of Lord Shiva undertake the Kanwar Yatra, a pilgrimage that holds special significance for millions of Hindu devotees. The yatra begins on the first day of the Hindu month Sawan which usually falls in July. This year, the auspicious month will begin on July 22, and end on August 6.
During this yatra, the devotees carry sacred water from the Ganges river and offer it to Shiva temples, primarily at Baidyanath, Jharkhand and Haridwar, Uttarakhand.
Today’s News :
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.
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.