A fresh petition has been filed in the Supreme Court against the recent directions of the Uttar Pradesh and Uttarakhand governments making it mandatory for eateries on the Kanwar Yatra route to put QR code stickers on their banners. These QR codes allegedly reveal details of food stall owners.
The petition, filed by Professor Apoorvanand through advocate-on-record Aakriti Choubey, seeks an immediate stay on all such directions which require or enable public disclosure of ownership or employee identity of food vendors on the Kanwar Yatra route.
The new measures mandate all eateries located on the Kanwar route to display QR codes revealing the names and identities of the owners, thereby enforcing the same discriminatory profiling that was earlier prohibited by this Hon'ble Court.
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The petitioner argued that these directions are an attempt to circumvent the interim order passed by the Supreme Court in 2023. That order clearly stated that vendors cannot be compelled to disclose their identity. Now, by enforcing QR codes, the authorities are allegedly enforcing the same profiling by indirect means.
The application raises serious concerns about religious profiling and the possibility of communal violence, particularly targeting vendors from minority communities. It further asserts that while it is mandatory for food establishments to have legally valid licenses and display them inside the premises, the direction to publicly display the names and identities of owners on external banners is excessive and unlawful.
"The direction to disclose religious, caste identity under the guise of 'legal license requirements' is a violation of the right to privacy. The license required… is displayed inside the premises in a place from where it can be seen."
It is also pointed out that these new measures of the government are not supported by any law and may lead to discrimination and polarization during religious pilgrimage.
The court will hear the application on July 15 before a bench of Justice MM Sundresh and Justice NK Singh.
Writ Petition Title: Apoorvanand Jha and others vs Union of India and others | I.A. in W.P. (C) 328 of 2024