The Supreme Court has extended its interim stay order on July 22 concerning the Eateries Directive During Kanwar Yatra issued by BJP-governed states including Uttar Pradesh, Uttarakhand, and Madhya Pradesh. This directive required eateries along the Kanwar Yatra routes to display the names of their owners and staff. The original stay order remains effective until August 5, with the next court hearing scheduled for that date.

The Uttar Pradesh government defended its directive in court, saying that the move aims to provide "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."

The bench, comprising Justices Hrishikesh Roy and S.V.N. Bhatti, maintained its position from the July 22 order, stating, "We have said what needed to be said in our July 22 order. Can't force anyone to disclose names."

Eateries Directive During Kanwar Yatra
Image Source: CivilsDaily

The Kanwar Yatra is a Hindu pilgrimage which occurs from July 22 to August 6. During this period, Kanwariyas, or participants adheres to a strict vegetarian, satvik diet, avoiding onion, garlic, and other tamasic foods. The Uttar Pradesh government, in its affidavit, stated that "satvik food does not just mean the preparation of food without onions and garlic, but is also the manner of preparation of the food, similar to falhar during other festivals when fasting ceremonies are undertaken."

The state maintained that the directive for transparency, through disclosure of owners names and the type of food served is not an act of discrimination or putting any restriction. It is intended to ensure public safety and order during the Kanwar Yatra, given the large number of participants and the potential threat of communal tensions. "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," the government noted.

In response, the Supreme Court has asked the governments of Madhya Pradesh and Uttarakhand to submit their responses to the petitions contesting their respective orders.

The Uttar Pradesh government repeated that its directive focus is to prevent misunderstandings and maintain a peaceful pilgrimage. "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," it added.

The court's interim stay means that eateries along the Kanwar Yatra routes are not currently required to display the names of their owners and staff. This decision provides temporary relief to the petitioners challenging the directives, who were arguing against the directives, saying the requirements are unnecessary and burdensome.

The next court hearing will be on August 5 and it will further address the issue, and the interim stay will remain in effect until then. The outcome of this hearing will be crucial about whether the directives will be permanently upheld or revoked.

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