Today, the Supreme Court temporarily halted the orders given by various state authorities requiring shop owners and hawkers to display their names outside their establishments during the Kanwar Yatra season.
A Bench of Justices Hrishikesh Roy and SVN Bhatti has issued a notice to Uttar Pradesh, Madhya Pradesh, Uttarakhand, and other states where the Kanwar Yatra occurs.
The matter will be heard next on July 26.
"Until the returnable date, having regard to the ... discussion, we deem it appropriate to pass interim order prohibiting the enforcement of the above directives. In other words, the food sellers, hawkers etc may be required to display the kind of food they are serving to Kanwariyas but they must be not be forced to disclose the names," the Court ordered.
The decision has faced criticism for allegedly revealing the religious identity of shop owners, which some argue discriminates against Muslim proprietors. The Association for Protection of Civil Rights, Delhi University Professor Apoorvanand, activist Aakar Patel, and Member of Parliament Mahua Moitra have challenged the directive before the Supreme Court.
At the outset today, the Court inquired whether a formal order had been issued to enforce the directive. Senior Advocate Chander Uday Singh, representing the Association for Protection of Civil Rights, stated that although authorities claimed the directive was voluntary, it was being enforced in practice.
Singh further argued that the majority of those affected by the directive are impoverished vegetable and tea stall owners, who would suffer severe economic consequences from being subjected to such measures. Senior Advocate Abhishek Manu Singhvi, representing the Trinamool Congress MP, added that the Court's question about a formal order could not be answered with a simple 'Yes' or 'No,' as a concealed order had indeed been issued.
"The idea is exclusion by identity," Singhvi said.
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