‘Consumer is king': Supreme Court says eateries along Kanwar Yatra route must display licence, registration
A bench of Justices M M Sundresh and N K Singh underlined that 'consumer is the king' and should be given a choice to know what food a restaurant serves to make an informed choice.
The court was hearing an interlocutory application which challenged the direction to food sellers along the Kanwar Yatra route to display QR code stickers which, on scanning, would reveal ownership details of the eatery and other legal compliance.
The bench said it was not going into the legal challenge. 'We are told that today is the last day of the yatra. In any case, it is likely to come to an end in the near future. Therefore, at this stage, we would only pass an order that all the respective hotel owners shall comply with the mandate of displaying the licence and the registration certificate as per the statutory requirements. We make it clear that we are not going into the other issues argued. The application is closed,' the order said.
Pointing out that it was only trying to balance the sentiments of the pilgrims with the rights of the hoteliers, Justice Sundresh remarked during the hearing that 'if a hotel is running as a vegetarian hotel all through, then the question of indicating names and other things will not arise. But if only for the purpose of yatra, somebody stops serving non-veg and starts selling veg, the consumer should know.'
'To that extent, consumers should have that flexibility. If one hotel was earlier serving non-veg, and for the purpose of better business they serve only veg during the yatra, that will be an issue for the consideration of the consumer. The choice is of the consumer,' Justice Sundresh observed.
'Breach of privacy rights,' says plea
The application cited news reports that the state administration had issued a directive making it mandatory for the eateries to display the QR codes. It also referred to a 'press note dated 25.06.2024 issued by the Chief Minister of UP' and said 'it expressly calls for shopkeeper names to be clearly displayed during the yatra'.
The application said that similar directives to display the names of owners outside the shops along the Kanwar Yatra route were also issued last year, but were stayed by the Supreme Court. The fresh directive, it said, 'couched under the garb of 'lawful license requirements' is a breach of privacy rights'.
Appearing for the applicants, Senior Advocate A M Singhvi said authorities should have sought the modification of last year's court order before issuing the QR code directives. Terming it an attempt to further 'identity politics', Singhvi said, 'This is the most divisive initiative, to ostracise people during the yatra, as if these people are untouchables.'
Justice Sundresh said people have different food choices and may want to know if a place serves vegetarian or non-vegetarian food. 'I am basically agnostic. I have no problem at all. But there are some who will not even touch certain foods,' he remarked.
'Regulations framed under central law'
Senior Advocate Mukul Rohatgi, appearing for the state of Uttar Pradesh, said the directions were only in furtherance of a central law and regulations of the Food Safety and Standards Authority of India (FSSAI).
'These regulations are framed under a central law. It is not the state of UP. Last year, we had a law and order situation where the kanwariyas were ransacking a dhaba because of these kinds of issues. That is why the police authority issued that order. Last year, an ad interim order was passed without hearing us. I am only following a central law that is applicable to the entire country and not just for Kanwar Yatra,' he said, adding that the licensing rules mandate photo identity card as well.
Senior Advocate Huzefa Ahmadi, also appearing for the applicants, said the customer's choice should be limited to what an eatery is selling at present and not extend to what it sells during the rest of the year.
Justice Sundresh said such submissions come from an utter ignorance of the consumer law under which the consumer is the king.
After the order was dictated, Ahmadi urged the court to clarify that 'the name of the owner and the QR code need not be disclosed. It has no backing in the law. Religious identity is sought to be exposed.'
But the court said, 'We have said that we are not going into it. If you want to challenge it, go before the high court.'
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hindu
14 minutes ago
- The Hindu
Plea in Supreme Court seeks political parties to comply with POSH law
A petition filed in the Supreme Court has sought a direction to political parties to comply with the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The plea argues that political parties are covered by the ambit of the 2013 Act, therefore, bound to follow the procedures outlined in it. It said in 2024 the petitioner, Yogamaya MG, an advocate, filed a similar plea in the top court, which granted her the liberty to move the competent authority. The petitioner sent a representation to the Election Commission of India but has received no response till date, the plea added. Safe environment for women political workers Before the top court now, she sought directions to ensure a safe and inclusive work environment for women in political parties and holding political parties accountable to prevent and address sexual harassment. With Centre and political parties, including BJP and Congress added as respondents, the plea sought a direction to constitute a grievance redressal mechanism to tackle the menace of sexual harassment in line with the apex court's directions in the landmark Vishaka verdict and the 2013 Act. "This writ petition challenges the exclusion of female political workers from the ambit of protection under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)," the plea filed through advocate Sriram P said. Vulnerability of women grassroot workers Despite the Act's progressive intent, the plea said, women political workers particularly at the grassroots remain vulnerable to sexual exploitation during campaigns and party work, with no effective legal remedy under the existing legislative framework. "Citing studies by UN Women (2013) and the Inter-Parliamentary Union (2016), which highlight widespread psychological and sexual harassment of women in political spaces, the petition underscores the urgent need for inclusion and protection of such workers under POSH," the plea said. The petitioner argued absence of rationale or intelligible differentia to exclude women in politics from protection available to women in other professions. Political party workers fit the definition of "employees" under the Act and the petition seeks to establish a clear framework for preventing and addressing sexual harassment within political parties, the petitioner said. The plea also sought a direction to political parties to constitute an internal complaints committee to address complaints of sexual harassment in adherence of the mandate of the 2013 Act.
India.com
14 minutes ago
- India.com
Masterstroke by Yogi Adityanath, gives financial empowerment to women in UP, approves stamp duty rebate on property up to…
New Delhi: In a major move, the Yogi Adityanath-led Uttar Pradesh government has approved a major change in stamp duty policy aimed at promoting women's ownership of property. According to the reports, the state Cabinet cleared a proposal to provide 1 percent stamp duty rebate on property transactions valued up to Rs 1 crore when the property is registered in a woman's name. To recall, this exemption was earlier applicable only on property worth up to Rs 10 lakh, with a maximum rebate of Rs 10,000. With this extended limit, the Yogi government is expecting participation of more families to register homes and land in the name of female family members. Here are some of the key details: The main aim of the government is to promote not just symbolic inclusion but formal financial and legal recognition of women within households The move will give a structural push toward economic security The stamp duty waiver aligns with the state's broader efforts over recent years to improve women's participation in education, employment, and entrepreneurship. Yogi government's efforts to empower women: In higher education, 28.75 lakh female students have enrolled in UP institutions for the 2024-25 academic year This is 4.2 lakh more than male students. The government has backed 8.42 lakh women-led self-help groups, and data shows that over 51% of registered startups in the state are founded by women. According to the reports, in government sectors such as health, education, and police services, Women now make up an estimated 18-20 percent of the workforce. The female labour force participation rate has reached 36%, reflecting a steady expansion into formal and informal work. Social schemes show targeted outreach Over 23.4 lakh girls have benefited from the Kanya Sumangala Yojana. Nearly 31 lakh women receive support under the Nirashrit Mahila Pension Scheme. 2 lakh+ women have accessed loans under PM SVANidhi.
Hindustan Times
20 minutes ago
- Hindustan Times
Hearing over Budaun temple-mosque row deferred
Budaun, The hearing in the Neelkanth Mahadev v. Shamsi Jama Masjid case in a local court was on Thursday deferred to August 30 owing to the judge's absence. Hearing over Budaun temple-mosque row deferred The case file was transferred to the fast track court as civil judge Suman Tiwari went on maternity leave. The court previously reserved its order after hearing arguments from Anwar Alam, counsel for the Shamsi Jama Masjid Management Committee. Alam argued according to Supreme Court directions, subordinate courts were not authorised to hear such religious structure disputes, and the case should be dismissed. The temple's legal team, led by advocate Ved Prakash Sahu, said the hearing on August 30 would determine whether the case can proceed in the civil court or not. The legal battle has seen multiple adjournments since February, mainly due to absent counsel, court vacations, and judge transfers. On May 28, the judge reviewed the case file and instructed both parties to present their arguments on July 5. However, the Masjid committee sought an adjournment as their lawyer, Asrar Ahmad, was on Haj pilgrimage. The judge then fixed July 5 for regular hearings to commence, and both parties were told to be present with full preparations. On July 5, advocate Alam reiterated under the Places of Worship Act, 1991, and related Supreme Court rulings, the subordinate judiciary lacked jurisdiction to hear such cases. He submitted relevant documents, including a Supreme Court order, saying no court could pass orders on matters falling under the 1991 Act. In response, temple counsel Vivek Kumar Render contended that the Supreme Court orders did not bar the ongoing or pre-existing suits from being heard. He maintained that the case should be heard in full. This article was generated from an automated news agency feed without modifications to text.
