“I was going to the hotel run by a Muslim for vegetarian food. When it comes to food standards and safety” Justice Bhatti at Supreme court

New Delhi, July 22, 2024 – The Supreme Court of India has put a hold on the Uttar Pradesh and Uttarakhand governments’ orders requiring shopkeepers along the Kanwar Yatra route to display their names. The court ruled that food sellers and hawkers must not be forced to disclose their names but may be required to show the kind of food being served to Kanwariyas.

Key Highlights from the Hearing:

Justice Bhatti’s Personal Experience:
During the hearing, Justice SVN Bhatti shared a personal anecdote highlighting his preference for hygiene over the owner’s identity. He recalled frequenting a Muslim-run vegetarian restaurant in Kerala due to its high standards of cleanliness and hygiene.

“I have my experience and knowledge when I was in Kerala. I may not state openly as I am a sitting judge of this court. Without disclosing the name of the city, there is a vegetarian hotel run by a Hindu. There is another vegetarian hotel run by a Muslim. As a judge of that state, I was going to the hotel run by a Muslim for vegetarian food. When it comes to food standards and safety, he was displaying everything. He had returned from Dubai. He maintained international standards of safety, cleanliness, and hygiene. So it was my choice to go to that hotel,” Justice Bhatti stated.

Court’s Interim Order:
The two-judge bench comprising Justices Hrishikesh Roy and SVN Bhatti issued notices to the governments of Uttar Pradesh, Uttarakhand, and Madhya Pradesh. The court has asked these state administrations to refrain from enforcing the directives until further notice.

“Until the returnable date, having regard to the discussion, we deem it appropriate to pass an 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 not be forced to disclose the names,” the bench said in its order.

Cultural Considerations:
The court’s decision, however, has sparked discussions around the cultural and religious preferences of the Kanwariyas. Just as Justice Bhatti preferred a restaurant based on its hygiene standards and knowledge of its ownership, many Hindu Kanwariyas seek transparency about the identity of those preparing and serving their food. This stems from the religious significance of maintaining utmost purity during their pilgrimage, which includes fasting and consuming only vegetarian food from establishments that align with their beliefs.

For many Hindus, especially during religious journeys, it is crucial to ensure that the food is “Satvik” (pure) and not contaminated by non-vegetarian processes. Some pilgrims specifically look for Jain or Vaishnava eateries, where strict vegetarianism and purity are observed. This preference is akin to the Muslim community’s preference for halal food, where the entire food preparation process is handled by Muslims to meet religious dietary laws.

Senior Advocate Singhvi’s Remarks:
Senior advocate Abhishek Manu Singhvi, representing Trinamool Congress (TMC) Lok Sabha MP Mahua Moitra, remarked, “You chose by menu card and not name,” emphasizing that the choice of food should be based on what is served, not who serves it.

Legal and Public Response:
The bench was hearing a series of petitions against the order, including one filed by the Association for Protection of Civil Rights. Senior advocate Chander Uday Singh, representing the association, argued that no law gave the police commissioner the power to issue such an order.

The BJP-led government’s order faced opposition not only from political adversaries but also from its allies, including Rashtriya Lok Dal (RLD) and Janata Dal United (JD(U)). While the opposition labeled the order as divisive, the BJP claimed it was necessary to protect religious sentiments and maintain law and order.