SC asks UP, Uttarakhand govt to reply on QR code rule for Kanwar eateries

According to the petitioner, the directives issued by the two governments would enable the pilgrims to access the details of the owners

The Supreme Court on Tuesday ordered the Uttar Pradesh and Uttarakhand governments to file their replies to a plea challenging the state governments' mandate that compels food sellers on the Kanwar Yatra route to display QR code stickers on their banners, reported Live Law. 

 

A bench of Justices MM Sundresh and N Kotiswar Singh will be hearing the replies next Tuesday.

 

This comes after the counsel appearing for the states of Uttar Pradesh and Uttarakhand sought a minimum of two weeks to reply. However, counsel appearing for the petitioner sought urgency, adding that the matter is "time-sensitive" as the Kanwar Yatra will get over in 10-12 days.

 

According to the petitioners, the directives issued by the two governments would enable the pilgrims to access the details of the owners. The plea has sought a stay on all directives that require or enable the public disclosure of the ownership/employee identity of food vendors along the Kanwar Yatra routes in Uttar Pradesh and Uttarakhand. 

 

The petitioners, in their plea, argue that these directives issued by the state governments conflict with an interim order that the Supreme Court issued last year, which held that food sellers cannot be forced to reveal their identities. 

 

They further argued that to bypass the Supreme Court's interim order, the state governments have issued directives this year, mandating the display of QR codes on all eateries along the Kanwar Yatra route. The applicants further claim that the intent is to cause religious profiling of the sellers along the routes.

 

The report added that even though the eatery owners are required to obtain licences and display them, they need to be displayed inside the premises only. The government's mandate to display the names and identities of the owners outside is an overstep, the report added, citing the application. 

 

It further added, "That a directive to reveal religious, caste identities couched under the garb of 'lawful license requirements' is a breach of privacy rights. The requisite license is a self-contained certificate, which although reveals the name of the owner, is displayed inside the premises at a place where it may be accessed."

 

"Equating this requirement to display a normal-sized license with the directive to display name of owner, manager and other employees on billboards outside, or to not give eateries names which do not reflect the religious identity of the owner are de hors the license requirements", the application read. 

2024 Kanwar Yatra controversy

 

On July 19, 2024, the Uttar Pradesh government directed all eateries along the Kanwar route in the state to display the names of the owners. Soon after, the matter reached the top court, where the Uttar Pradesh government claimed that the move was to ensure a peaceful pilgrimage. 

 

On July 26, 2024, the apex court ordered that the food vendors along the Kanwar route could voluntarily display the names of the owners/employees outside their premises.