On Friday, the Supreme Court's division bench of Justices KM Joseph and Hrishikesh Roy issued an interim order ordering that no coercive action be taken against members of the Federation of Retail Traders Welfare Association for failing to comply with the Maharashtra Government's directive to display the names of shops and establishments in Marathi written in the Devanagri script.

The court also ordered the petitioners to provide a list of their members who will be covered by the interim protection. The problem stems from the Maharashtra government amending Rule 35 of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Rules to require Marathi (written in Devanagiri script) signboards for all shops.

The Supreme Court issued notice to the Maharashtra government in July regarding the current petition, which challenges this government's decision. The Federation of Retail Traders Welfare Association filed the petition in response to a Bombay High Court decision on February 23 that upheld the state government's decision to mandate Marathi signboards.

The division bench, comprising Justices Gautam Patel and Madhav Jamdar, observed that "A Public purpose is sought to be achieved by the said Rule. There is a broader public purpose and rationale. Marathi may be the official language of the state government, but it is an undeniably common language and mother tongue of the state… It has its own extremely rich and diverse cultural traditions extending to every field of endeavour from literature to theatre and beyond. There are texts in Marathi which are expressed and written in Devanagri," "If any retailer wishes to carry out trade in Maharashtra, it shall be subject to conditions that the government seeks to impose uniformly on all. Clearly, there is no violation of Article 14 (Right to equality before the law) of the Constitution."

Case Details:

Federation of Retail Traders Welfare Association and Anr v. The State of Maharashtra|

SLP (civil) 10629/2022