Forcing eateries to display the name of the owner: Won’t it disrupt the communal harmony?

Sociologists MacIver and Page have defined society as a web of social relationships. Another Sociologist Giddings shares the viewpoint of Ginsberg and gives the definition of society as– “Society is the union itself, the organisation, the sum of formal relations in which associating individuals are bound together”.

Whether these parameters of society always stand static? Whether the web of relationships always remains unaffected? Whether the sum of formal relations, in which associating individuals are bound together, ever remains effective in maintaining the social fabric intact?

Before analysing these questions, we should have a sight over Newton’s first law of motion, which states, “If a body is at rest or moving at a constant speed in a straight line, it will remain at rest or keep moving in a straight line at constant speed unless it is acted upon by a force.” 

 Newton’s first law of motion truly holds good in describing society fabric also.

Cooperation, harmony, relations and the social fabric run smoothly unless and until some outer or inner destructive force disturbs these.

In India, during this running decade, the country has faced or seen some factors- internal or external, which have tried to disturb or budge the harmony or social fabric of the society. Present issue of ‘Kanwar Yatra’ related orders issued in BJP governed Uttar Pradesh and Uttarakhand states, fears the intellectuals and political leaders that it may destroy the communal harmony in the country.

What is Kanwar Yatra?

The Kanvar or Kanvad Yatra is an annual pilgrimage of devotees of Shiva, known as Kanvarias or Bhole to Hindu pilgrimage places to fetch holy waters of Ganges River. Millions of pilgrims fetch sacred water from river Ganga and carry on their shoulders for hundreds of miles to offer it in their local Siva shrines, or specific temples.

The Current Issue?

 Last week, the police in the western Uttar Pradesh districts of Muzaffarnagar, Shamli, and Saharanpur issued orders directing eateries to put the names of owners on shops or carts. Later on, the Uttarakhand government also followed the same path.

The police plead that Kanwariyas abstain from certain food items during Shravan month. They said that some shopkeepers, selling all types of food items, on Kanwar Yatra Marg named their shops in such a way that it created confusion among the Kanwariyas which led to a law-and-order problem.

It is also pertinent to mention here that special camps/ tents are also set up by many social organizations and individuals for the purpose of rest and night stay  of the kanwariyas, where food and refreshments are provided free of cost.

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However, the Uttar Pradesh police later on softened its stand, but the Chief Minister of the state issued the harsh directions. Jul 19, 2024 The Hindustan Times (HT), an English daily quoted the version of CM directions. ‘Chief minister Yogi Adityanath on Friday ordered mandatory mentioning of owners of all eateries on the Kanwar Yatra route across Uttar Pradesh a day after the police softened its controversial directive asking restaurants along the 240km stretch the pilgrims take in the western part of the state.’

HT reported, “A spokesperson for the state government said Adityanath has issued “stern directives” over displaying names and identities of the owners of eateries, shops and carts on the route to ensure that religious sanctity of the pilgrimage remains intact, and the pilgrims are not disturbed during the 11-day pilgrimage beginning on July 22 in the Hindu holy month of Shravan. He added Adityanath also directed action against those involved in selling and promoting halal (permissible in Arabic) products.”

The BJP supporters smell no foul odour in these orders. An advocate practising under Punjab &Haryana High court supporting the step of the police, says, “What’s the wrong in displaying the name of the owner? No one is asking to write their religion, why hue and cry? Why is the opposition giving it a communal colour?  However, the orders convey no mention of religion, but Opposition leaders and activists feared that the action was aimed at displaying the faiths of food sellers.

 What critics allege?

Criticizing the move, the Polit Bureau of the Communist Party of India (Marxist) has issued the statement to show its anxiety and demanded that Uttar Pradesh and Uttarakhand BJP Governments must rescind this divisive order.

“The Polit Bureau of the Communist Party of India (Marxist) strongly condemns the decision by the BJP state governments in Uttar Pradesh and Uttarakhand directing all eateries along the entire stretch of the Kanwar Yatra route to display the owners’ names. Clearly, this is designed to sharpen communal polarization and foster tensions among religious communities.

This move is blatantly unconstitutional and strikes at the foundation of the fundamental right of equality for all citizens.

While the immediate objective is to sharpen communal polarization, such actions by the BJP governments may soon lead to the exacerbation of caste tensions and intensifying caste-based social oppression. This is the direction in which the BJP aims to reorder our society along the lines of the ‘Manusmriti’, negating the foundations of our Constitution and its guarantee of liberty, equality, fraternity and justice for all citizens.”

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The CPIM added that BJP allies in the ND alliance must immediately ensure that such divisive and dangerous moves are not permitted and must mount pressure on both the UP and Uttarakhand governments to rescind this order.

CPI(M) leader Brinda Karat says, “Uttar Pradesh government is destroying the constitution of India by issuing such orders…A whole community is being humiliated…They are trying to divide society…This type of targeting was done by Nazis in Germany…I condemn it. Why are the courts not taking suo-moto action against it?… The order should be withdrawn.” 

Member of Parliament Asaduddin Owaisi condemned the decision and likened it to apartheid in South Africa and the Juden boycott in Hitler’s Germany.

Jayant Chaudhary, Member of Parliament and President of Rashtriya Lok Dal (RLD), who is also holding the charge of Minister of State (Independent Charge) in the BJP led government in the center as its ally, has also  broken his  silence on UP’s Kanwar Yatra order, and stated that govt’s decision ‘not well thought out’.

Pawan Khera @Pawankheraa, the Chairman, Media & Publicity Deptt. AICC and Member, Congress Working Committee on his X account comments, “We don’t know whether this is a step towards economic boycott of Muslims or economic boycott of Dalits, or both.

Those who wanted to decide who will eat what, will now also decide who will buy what from whom?” 

Senior Shiromani Akali Dal (SAD) leader and Bathinda MP Harsimrat Kaur Badal, participating in the All-Party meeting called on the eve of the budget session, also spoke on the increasing discrimination and even attacks on minority communities in the country. She said it was disconcerting that the Uttar Pradesh police was forcing members of the minority community to display their name plates on vends and eateries which would hit them economically. “Similarly in Rajasthan baptized Sikh women were barred from entering the examination centre for a judicial paper which is a clear violation of their fundamental right to practice their religion. A case under the National Security Act (NSA) was registered against the head of a gurdwara in Sri Ganganagar solely because the gurdwara head was speaking against someone who was calling for the destruction of gurdwaras”. 

Supreme Court: The Ray of Hope
Whatever be the final outcome ? Now the only ray of hope is the Supreme Court of India, which on Monday, 22 July, stayed the directions issued by Uttar Pradesh and Uttarakhand governments to the effect that eateries along the Kanwar Yatra route should display the names of the owners and staff outside the shops. “Until the returnable date, we deem it appropriate to pass an interim order prohibiting the enforcement of the impugned directives. In other words, the food sellers (including dhaba owners, restaurants, shops, fruits and vegetable sellers, hawkers, etc.) may be required to display the kind of food that they are selling to the Kanwariyas. But they must not be forced to display the names/identities of owners and also the employees, deployed in their respective establishments. It is ordered accordingly”, a bench of Justices Hrishikesh Roy and SVN Bhatti ordered while issuing notice to states including Uttar Pradesh, Uttarakhand and Madhya Pradesh in three writ petitions, reports livelaw.
The apex court posted the matter for hearing on July 26.
While pleading its case, the Uttar Pradesh government on Friday, July 26, defended its directive requiring eateries along the Kanwar Yatra route to display the names of their owners and staff, saying, “It may be noted that the idea behind the directives is 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 accidently, fall foul of their beliefs.”
But the Apex court has further extended the interim stay.
Whatever the Supreme Court’s decision comes, the divisive orders of the police for the time being have shaken the trust between different communities, which will take a long time to restore.
Welcoming the apex court decision, CPIM Politburo Member Brinda Karat says, “It’s a very welcome intervention by the Supreme Court and its interim order staying what we consider utterly divisive, communal and ‘Manuvadi’ orders of the UP, followed by Uttarakhand governments.
So, this is really a slap in the face of the UP and Uttarakhand governments. BJP, after their defeat in elections, are once again trying to divide the people on communal and casteist grounds.”
If the CPIM leader’s allegations carry weight and have a solid base, then the public will have to understand the divisive agenda as alleged and have to think over who is the real propagator and what’s the motive behind it.

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Jag Mohan Thaken is a Senior Journalist, Columnist & Political Analyst, views are personal

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