Kanwar Yatra Issue: The Supreme Court has put an interim stay on the orders of the Uttar Pradesh government and the Uttarakhand government. Actually, the owners of all the food shops on the Kanwar Yatra route were ordered to clearly write their names and the names of the employees. However, now the court has put a stay on this till further orders.
The Supreme Court also issued notice to UP, Uttarakhand and MP governments and asked them to respond by Friday. The Supreme Court stayed the police instructions until further orders. It also said that no one will be forced to write their name until the next hearing in this case.
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‘It is difficult even if I reveal the name, it is difficult even if I don’t reveal the name’
In fact, an NGO named ‘Association of Protection of Civil Rights’ had filed a petition in the Supreme Court against the order of the UP government. In this case, senior advocate CU Singh, appearing on behalf of the petitioner, said in the Supreme Court, ‘This is a worrying situation, the police officers themselves are bent on creating a division so that the socially backward and minorities are also divided economically.’
While presenting arguments on behalf of the petitioners, another lawyer Abhishek Manusinghvi said, ‘There is a strange situation here. If I do not write my name, I am kept out, if I write my name, I am still kept out.’
The question raised in the Supreme Court- Is the order voluntary or mandatory?
On this the Supreme Court said that it is voluntary. It is not mandatory. Singhvi said, they are saying that it is voluntary, but it is being done forcibly. Action is being taken against those who are not agreeing. They are being fined. This is just a few kilometers away from Delhi. In a way, it is equivalent to their economic death.
Along with this, he said, ‘When we go to a restaurant, we look at the menu. Not who has prepared it. This kind of thing would not have been imagined in a democracy. The yatra has been happening for decades. People of all religions cooperate in it. During this time, there is already a complete ban on non-vegetarian food.’
The Supreme Court asked what the Kanwariyas want
On this, Judge SV Bhatti said, ‘At one place, there was a hotel owned by a Muslim and a Hindu. I used to go to the Muslim one because international standards were followed there.’ On the other hand, Singhvi said, ‘Thousands are losing their jobs. This has to be looked into. This is an idea to separate not only Muslims but also Dalits.’
On Singhvi’s argument, the Supreme Court said, “What do the Kanwariyas want? They worship Lord Shiva. Do they want that the food should be grown, cooked and served by a particular community?” Along with this, the court has issued notice to the UP, MP and Uttarakhand governments and asked them to respond by Friday.
Let us tell you that extensive arrangements have been made in many states for the Kanwar Yatra starting from Monday. This journey begins with the beginning of the month of Sawan in the Hindu calendar. During this, lakhs of Shiva devotees take the holy water of Ganga from Haridwar in Uttarakhand and Deoghar in Jharkhand to their homes and offer it in Shiva temples on the way.
After UP, orders were issued in Ujjain of MP and Uttarakhand
After UP, on July 20, it was made mandatory to write the name and mobile number of shopkeepers in the shops coming on the Kanwar Yatra route in Uttarakhand and Ujjain of Madhya Pradesh. Uttarakhand CM Pushkar Singh Dhami supported this decision and said that some people open shops by hiding their identity.
The Municipal Corporation in Ujjain had given this order a year ago. However, it was not being implemented. Ujjain Mayor Mukesh Tatwal had said that this time the order will be strictly implemented in the month of Sawan.
The route of Kanwar Yatra in UP is 200 km long, devotees cover the entire distance on foot
Devotees from different states of the country participate in the Kanwar Yatra organized in the month of Sawan in Uttar Pradesh. They are called Kanwariyas. These Kanwariyas take Ganga water from Haridwar and perform Jalabhishek in Shiva temples built in different cities.Â
4 to 5 crore devotees participate in Kanwar Yatra, business of up to ₹5000 crores every year
Around 4 crore devotees participate in the Kanwar Yatra every year. Every devotee spends one to one and a half thousand rupees during the Kanwar Yatra which lasts for about a month. According to this, business of up to ₹5000 crores is done during the entire Kanwar Yatra. Kanwariyas buy most of the daily needs including food and drinks from the shops on the way.
‘Supreme’ order on Kanwar route, understand the essence of What the Court Said: 7 Key Points
1- Trinamool Congress MP Mahua Moitra has moved the Supreme Court against the order of the Uttar Pradesh and Uttarakhand governments, which states that eateries located on the Kanwar Yatra route must display the names of their owners. Senior advocate Abhishek Singhvi, appearing for Moitra, told a bench of Justices Hrishikesh Roy and SVN Bhatti that ‘indirect’ orders have been passed to display the names of the owners of eateries.
2- The Supreme Court bench asked Singhvi whether Uttar Pradesh, Uttarakhand have given any formal order regarding displaying the names of restaurant owners? Have the state governments passed any formal order? However, the bench clarified that the restaurants should display the type of food being served.Â
3- The Supreme Court said in its interim order, “The state police cannot force shopkeepers to display their names. They can only be asked to display information about the food items. Shop owners and their employees should not be forced to display their names. Shops should not be pressured to write the names of the owners and employees
4- The Supreme Court said that this is voluntary…. But the petitioner said that the Haridwar police has implemented this. Look at this, the police there warned that if this is not done then action will be taken. Similar action has been talked about in Madhya Pradesh as well. The petitioner said that this is like economic death for the vendors. Petitioner’s lawyer Singhvi said that the order of Uttar Pradesh and Uttarakhand regarding displaying the names of the owners of the restaurants is ‘boycott on the basis of identity’ and it is against the Constitution.
5- Abhishek Manu Singhvi said that Kanwar Yatra has been going on for centuries, but no such order has been issued by the government. First Meerut Police and then Muzaffarnagar Police issued notices regarding this order. Reports have revealed that the Municipal Corporation has directed that a fine of Rs 2000 and Rs 5000 will be imposed. There are many pure vegetarian restaurants run by Hindus…but they may also have Muslim employees…can anyone say that I should not go there and eat food, because those people have a hand in that food in some way or the other?
6- The Supreme Court said that it also matters what the Kanwariyas think? Should they get food from a select shopkeeper? What is the expectation of the Kanwariyas? Do they also say that food grains should be grown only by members of a particular community? Then the legal question – is there any order?
7- In her petition, Moitra urged for a stay on the orders issued by both the state governments, saying that such instructions promote disputes between communities. It has been alleged that the relevant order has been issued with the aim of economic boycott of Muslim shop owners and artisans and harming their livelihood.
