UP Government Defends Kanwar Order; Says Proactive Measure Taken To Ensure 'Peaceful Pilgrimage'

In a detailed submission to the Supreme Court on Thursday, July 25, the state government said that the directive aligns with the fundamental duties of citizens as enshrined in Article 51A of the Constitution which asks citizens to promote harmony and brotherhood amongst all the people of India- Writes ETV Bharat's Sumit Saxena

Lucknow: The Uttar Pradesh government, in a submission before the court on July 25, firmly defended its order regarding shop owners to display their names outside shops on the Kanwar Yatra route, firmly opposing petitions challenging its directive regarding the matter, stating it was issued to ensure a 'peaceful and orderly pilgrimage'.

The UP government added that the directive was issued in response to complaints received from Kanwariyas regarding confusion caused by the names of the shops and eateries.

In a written response submitted to the apex court, the state government said that it imposed no ban or prohibition on the trade or business of the food sellers (except the restriction on selling non-veg food), and they are free to conduct their business as usual. “The requirement to display the names and identities of the owners is merely an additional measure to ensure transparency and avoid any potential confusion among the Kanwariyas”, it said.

The state government said the directives align with the fundamental duties of citizens as enshrined in Article 51A of the Constitution, which calls upon every citizen to promote harmony and the spirit of common brotherhood amongst all the people of India.

"The yatra is an arduous journey, where some Kanwariyas , i.e. the Dak Kanwariyas, do not even stop to rest once the Kanwar is on their shoulders. There are sacred features of the pilgrimage, such as the fact that the Kanwar, once filled with holy Gangajal, is not to be kept on the ground; nor under the shadow of the gular tree. It may also be noted that a Kanwaria embarks on the Yatra after years of preparation," the government said in its statement.

It added that a bare look at some of the photographs annexed herewith, would demonstrate confusion which would arise in the minds of devotees.

“That it is also to be noted that the directives do not impose any discrimination based on religion, caste, or community. The requirement to display the names and identities of the owners applies uniformly to all food sellers along the Kanwar Yatra route, irrespective of their religious or community affiliations”, said the state government.

The state government said reference may also be made to Regulation 2.1.1 (5) of the Food and Safety Standards (Licensing & Registration of Food Businesses (Regulations), 2011, framed under Section 92(2)(a) read with Section 31 of the Food and Safety Standards Act, 2006, which requires registration of all “petty food” businesses and mandatory disclosure of the photo ID of the owner and registration certificate, which sadly is lacking in most dhabas, with some even lacking registration.

The state government stressed it is committed to the secular values enshrined in the Constitution, and protects the religious sentiments of every individual regardless of his or her religion.

“In fact, the State is obliged not to discriminate on the grounds of religion. Hence, during the festivals of all communities, both majority and minority, special attention is bestowed by the State”, said the written response.

For instance, traffic restrictions are in place all over the State during the holy festivals of Muharram and Eid (in fact, as is well known, arrangements are made for village fairs for the sale and purchase of goats during that period), the statement said.

"Even the movement of pigs is restricted, as it would offend the religious sensibilities of the minority community, which by and large, consider pigs unclean and do not partake of pig meat", said the state government.

The state government said the directives are also aimed at ensuring public safety and order during the Kanwar Yatra, given the large number of participants and the potential for communal tensions, it is imperative to take preventive measures that ensure a peaceful and harmonious pilgrimage.

“Past incidents have shown that misunderstandings regarding the type of food being sold have led to tensions and disturbances. The directives are a proactive measure to avoid such situations”, it added.

The Uttar Pradesh government’s response came on pleas filed by Lok Sabha MP Mahua Moitra, NGO Association of Protection of Civil Rights and others, opposing state governments directives asking eateries and stalls on the Kanwar Yatra route to display names of their owners. The state government said these petitions were misconceived and not maintainable.

The state government said 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 Crores of Kanwariyas participate annually. The aforesaid press release issued on July 17 was based on the meeting held on July 13 under the chairmanship of the Commissioner Saharanpur division for the Successful conduct of the Kavad Yatra 2024, the statement said.