Kanwariyas pelted stones on wine shop & vandalised Police Vehicle

A purported video of the incident went viral on social media where a mob of Kanwariyas overturned a police vehicle after vandalising it. According to Ghaziabad (UP) Police, the vandalised vehicle was working in the vigilance department. Police said the vehicle slightly touched the Kanwariyas without breaking the Kanwar. In the ideo posted on social media platform X, a mob of Kanwariyas are seen vandalising the police vehicle with stones and sticks. On incident, Madhuban Bapudham Station House Officer Shailendra Tomar said the vehicle involved was not a police vehicle, but a private one leased to the Vigilance department of the Power Corporation.

In #UttarPradesh‘s #Ghaziabad, Kanwariyas overturned a police vehicle after vandalising.

According to #GhaziabadPolice, This vehicle was working in the vigilance department, The vehicle slightly touched the #Kanwariyas without breaking the #Kanwar.#KanwarYatra2024 pic.twitter.com/HbrRueqMxS

— Hate Detector (@HateDetectors) July 29, 2024

Another incident was also reported in Ghaziabad where Kanwariyas pelted stones at a wine shop in Ghaziabad. The UP Police already covered all wine shops on the Kanwar route with cloths. However devotes objected and questioning why they were still visible.

Kanwariyas pelted stones at a wine shop in #Ghaziabad, #UttarPradesh.

The #UPPolice had already covered all wine shops on the #Kanwar route with cloths.

However, the devotees objected, questioning why they were still visible.#KanwarYatra2024 pic.twitter.com/1wLokC80Sq

— Hate Detector (@HateDetectors) July 30, 2024

Rickshaw driver died 5 days after assault by Kanwariyas

In Muzaffarnagar, Uttar Pradesh, an e-rickshaw driver Mohit died 5 days after he was assaulted by the Kanwariyas for slightly hitting a man from the Kanwar Yatra. After the incident the police reached the spot and rescued the e-rickshaw driver and admitted him to the hospital for treatment. After treatment, the family took the e-rickshaw driver home. But five days later, Mohit died.

Kanwariyas pelted stones at a wine shop in #Ghaziabad, #UttarPradesh.

The #UPPolice had already covered all wine shops on the #Kanwar route with cloths.

However, the devotees objected, questioning why they were still visible.#KanwarYatra2024 pic.twitter.com/1wLokC80Sq

— Hate Detector (@HateDetectors) July 30, 2024

Women reach Taj Mahal with Kanwar, claimed monument ‘Tejo Mahalaya’

On July 29, a women of right-wing group carrying Kanwar on her shoulders tried to enter the Taj Mahal to offer ‘Gangajal’ with claiming the world heritage was a Lord Shiva temple ‘Tejo Mahalaya’. Subsequently, she was stopped by the policemen of ‘Taj Suraksha’ deployed at the barrier of the west gate of the Taj Mahal. Meenu Rathore, who claimed to be the district president of the Akhil Bharat Hindu Mahasabha in Agra, insisted police officials to allow her to offer the ‘Gangajal’ in “Tejo Mahalaya” She further claimed that Lord Shiva came in her dreams and asked her to offer the ‘Gangajal’ at the monument.

“I came to Tejo Mahalaya to offer the ‘Gangajal’. Lord Shiv called me in my dreams and I brought Kanwar to offer at Tejo Mahalaya. But, they (policemen) have stopped me from going ahead,” Rathore said.

She was stopped at the barrier of the west gate and was not able to enter the Taj Mahal, Assistant Commissioner of Police (ACP), Taj Suraksha, Syed Areeb Ahmad told PTI. Reported The Print.

Kanwariyas pet stones at school bus in Fatehabad (Haryana)

This major ruck was reported from Fatehabad’s Ratia area on July 30, when angry Kanwariyas pelted stones at a school bus after a heated argument. According to The Times of India, several schoolchildren were inside the bus when the incident took place. After the stone pelting incident, bus drivers blocked a key road of the town, demanding action against the Kanwariyas. Ratia station in-charge Ranjeet Singh said that a case has been registered against two accused, Vicky and Sanju, and 30-40 unknown persons. Both Vicky and Sanju are associated with Bajrang Dal. Vicky is a convenor of Bajrang Dal (in-charge of four districts) and is currently the Dharma Prasar Zila Pramukh of Vishva Hindu Parishad. Sanju is currently city convenor of Bajrang Dal.

In Rajasthan, Kanwariyas invaded a women’s bathing ghat at night

At Lohargal Dham in Jhunjhunu district of Rajasthan, a large group of Kanwariyas headed towards a women’s bathing ghat. Police wielded lathis to disperse Kanwariyas who were allegedly invading the bath. Jhunjhunu SP Rajarshi Raj Verma visited the spot in the afternoon and said the situation is under control with increased force in the area. He said the police would hold a talk with the temple authorities to increase barricading to stop any such incidents in the future. A case has been lodged.

In response, the enraged crowd vandalised several shops and vehicles.

Massive chaos erupted in #Rajasthan‘s #Jhunjhunu, when a large group of #Kanwariyas invaded a women’s bathing ghat at night.

The police intervened, using batons to drive some Kanwariyas away.

In response, the enraged crowd vandalized several shops and vehicles.… pic.twitter.com/tTDRse8Iip

— Hate Detector (@HateDetectors) July 29, 2024

Another incident of scuffle between the police and Kanwariyas has come to light in Sambhar, near Jaipur. Police tried to stop Kanwariyas who were playing loud DJ music when they were going towards Sambhar Kund. After the police seized the DJ systems, Kanwariyas then gathered near the police station. It is said that a police constable slapped one of the Kanwariyas assembled there and this made Kanwariyas angry, leading to a ruckus, reported Deccan Herald

Kanwariyas attempts to enter a Madrasa while chanting ‘Jai Shri Ram’

In Uttar Pradesh’s Hapur, Kanwariyas during the Kanwar Yatra attempted to enter a Madrasa at Sikandar Gate while chanting Jai Shri Ram. Seeing the chaotic situation, the madrasas authorities shut the gate, but the group of Kanwariyas tried to force their way in by hitting it with sticks.  A man, who arrived in a Fortuner car, began abusing and threatening the madrasa staff, while others joined in the attack. The Kanwariyas alleged that someone spat on them from the madrasa roof. ASP Vineet Bhatnagar stated that an investigation will be conducted, and action will be taken if the allegations are substantiated.

During the Kavad Yatra in Hapur, Uttar Pradesh, Kanwariyas attempted to enter a madrasa at Sikandar Gate while chanting Jai Shri Ram slogans. The madrasa authorities shut the gate, but the group tried to force their way in by hitting it with sticks. A man, who arrived in a… pic.twitter.com/SDDYpwKU8Q

— The Observer Post (@TheObserverPost) August 1, 2024

Uttar Pradesh Chief Minister Yogi Adityanath said through video message marking the beginning of the month of Shravana that “no festival or meditation can be complete without self-discipline”. On the Kanwar Yatra, the CM said: “Today, people from different communities are coming forward to help them, and also the government has taken many steps to ensure a safe journey for the Kanwariyas.

In UP’s Bulandshahr, a bicycle collided with a Kanwariya (Devote of Lord Shiva) at Khurja. The angry Kanwariyas then assaulted the cyclist.

In #UttarPradesh‘s #Bulandshahr, a bicycle collided with a #Kanwariya at #Khurja. The angry #Kanwariyas then beat up the cyclist. Following this, people around pelted stones at the Kanwariyas.#KanwarYatra2024 pic.twitter.com/OLFHD5nmDS

— Hate Detector (@HateDetectors) July 31, 2024

However, On July 22, the Supreme Court of India stayed the contentious directives issued by the Uttar Pradesh and Uttarakhand governments to the owners of the eateries along the Kanwar Yatra route, asking them to display their names outside of their shop. The bench of Justices Hrishikesh Roy and S.V.N. Bhatti took cognizance of the petitions moved before the impugned directives and passed an interim order asked the authorities to not compel all proprietors of eating establishments located along the route of the annual Kanwar Yatra to publicly display their names, addresses, and mobile numbers, along with the names of their staff reported Sabrang India

Related:

Supreme Court stays directive of state forcing food sellers along Kanwar Yatra to display names, states authorities cannot usurp power without legal foundation

Two petitions filed in SC challenging UP and Uttarakhand governments’ directive to display name of shop owner and staff for being unconstitutional

“Vigilantism is not permissible, needs to be checked”: SC, following up Tehseen Poonawalla case

The post Violence Unleashed: Kanwariya Yatra 2024, police vehicle and shops vandalised appeared first on SabrangIndia.

’Indian tradition’ and ‘culture’ sits too comfortably with discrimination based on caste, class, gender, physical ability, geography, language, and increasingly, religion. These discriminations go well with the backdrop of the lethal weapon wielding angry ‘hero’ who perform macabre acts of violence and vandalism, legitimised and sanitised by labels such as rakshak and kanwariya. This cosy alliance is further sanctioned and emboldened by an immoral State and a degenerate media. The other eager participants are the health system, the police and judiciary who have better relationships with the murderers than with innocent citizens. The entire structure is such that lynching is inevitable rather than unexpected.

On March 31 2023, Idrees Pasha was brutally murdered in Ramnagara, Karnataka just a few metres from the Sathanur police station by Puneeth Kerehalli, who, according to the media, was the ‘President of the Rashtra Rakshana Pade’- labels that set the stage to project murderers as extra-judicial heroes and the murdered as having violated social norms and laws. Pasha’s arm showed marks of electrocution and his body of bruising, but autopsy downplayed these, in what is an oft recurring pattern, to claim that he died of ‘cardiac arrest’. According to the media, Kerehalli was known for livestreaming his ‘cow rescuing missions’. “In videos, Kerehalli is purportedly seen carrying a baseball bat and a stun gun while intercepting vehicles carrying cattle.” Indian Express (6 April 2023).

A mob lynching is an extrajudicial, violent act in which a crowd of people or a mob, under the pretext of administering justice without trial, execute a presumed offender, often after inflicting torture and corporal mutilation, demonstrating extreme disrespect for human life. It is perpetrated by a collective upon individuals who serve as representatives of another collective.

Some of the factors that set the stage for mob lynching are

Rationalising discrimination.

Caste-based discrimination propagates the belief that certain communities are meant to be treated inferiorly and that they cannot expect similar rights. Hierarchy is ‘normal’ for Indian society, and, in fact, anything that has the potential to change this status quo is perceived as a threat. The intuitive response to someone of another collective being abused, harassed or discriminated, is to presume that he or she must have done something wrong to ‘deserve’ that punishment. There is a mental checklist which many of us have as a reference point for those ‘crimes’ that deserve extreme punishments – those that break artificially created  diktats around touch, food, marriage, relationships, friendships, aspirations drawn and defined by caste, class, gender and religion among others.

This collective is often a group of strangers who are drawn together and behave like a single entity when key triggers are activated. There is cohesiveness in what this collective perceives are its own victimhood and threats versus the individual representing another collective that has been painted as the other and the enemy. There are members of the aggressive collective who enact the violence, there are those who rationalise and justify it, there are others who offer impunity, and another large majority that stays silent. The mob functions on factors such as anonymity, suggestibility, contagion, collective identity, impunity and deindividualization. In the last, an individual loses personal moral restraint and reasoning.

‘Moral disengagement frequently entails treating the victims as less than human beings, dehumanizing them – allows for disassociation from the moral ramifications of harming another human being’

Rezwanul Haque, 2024.

Valorising extra-judicial killings

Whether it is by the police, by an action hero on cinema or by a mob, there are some ‘crimes’ for which we feel due process of the judicial system is too slow, ineffective or inadequate. The ‘heros’ or rakshaks who vandalise, murder, mutilate, torture etc. become vicarious atonement for what is perceived as systemic failures to curb ‘offenders’. For a society steeped in a discriminatory mind-set, whether people are, in fact, offenders or not, gradually becomes irrelevant. Markers such as their religion or caste or tribe becomes sufficient ground to murder them.

People who engage in these most brutal, inhuman and pathological acts often use euphemistic language such as Jai Shree Ram as a form of moral disengagement. It should, in fact, make every practicing Hindu’s blood crawl to see the name of Ram becoming analogous with these acts.

A recent report by Delhi-based NGO Common Cause and the Centre for the Study of Developing Societies (CSDS) mentioned that, “35% of police personnel interviewed for the survey think it is natural for a mob to punish the “culprit” in cases of cow slaughter, and 43% think it is natural for a mob to punish someone accused of rape.”

“Police surveillance itself may also be more frequently directed against socio-economically vulnerable groups such as Dalits, Adivasis, and religious minorities due to the larger structure of discrimination and criminalisation of these communities within the police system.”

Status of Policing in India Report 2023: Surveillance and the Question of Privacy

Thus it is not at all surprising that in many States of the country, there is a shifting of burden of proof on victims and consequently a presumption of guilt, which leads to FIRs being registered against them with words such as smuggling, terrorist, thief, illegal etc. being associated with the victims. Murderers are labelled as rakshaks !!

Impact on targeted individuals and communities

Targeted acts of violence and discrimination can have devastating, irreversible and long term impact on individuals and communities. The message that goes out to the victim’s community is that they are the ‘other’ and of lesser social value; that their identity can be the sole reason for one group as a collective to target another group as individuals and that this will be done with the complicity of media, political parties, elected representatives, the police, the judiciary, informal leaders and religious leaders.

Those who have survived, witnessed (virtually or in reality) or even escaped from a mob attack can experience several short and long term physical, psychological, social  and economic effects, with one contributing to or leading to the other.

Physical injuries can be fatal either immediately or subsequently. Physical trauma can lead to blood clots (hematomas), internal bleeds into vital organs, fractures, organ rupture, lacerations, and contusions. Injuries to the head can lead to fractures and bleeds into the brain which can lead to loss of consciousness, death and other cognitive and neurological damage – both temporary and permanent. Head injuries can progress to loss of vision, loss of hearing and focal seizures.

Trauma to the chest can fracture ribs leading to lung and heart injuries causing collection of air, fluid, blood in these organs. Major arteries can be damaged. Abdominal trauma can damage the spleen, liver, kidneys, intestines and reproductive organs. The liver being fragile can bleed excessively which is often very difficult to control. Injury to the kidney can cause blood in the urine and later, possible acute kidney failure. Intestinal injuries can cause obstruction and severe infections (peritonitis/sepsis). The pathological mind-set of the abusers can be identified by their gleeful stripping of their victims and inflicting injuries on their genital areas. Injuries to the pelvic area can cause pelvic fracture, damage to major blood vessels, rupture of the urinary bladder and genital tract injuries. Major surgical interventions maybe required to control the bleeding and salvage vital organs.

Even if a person survives a lynching attempt, they can subsequently suffer from sepsis, obstructions, embolisms, haemorrhage, multi-organ failure etc. Those who do survive can have long term consequences requiring prolonged hospital intervention, medical/surgical support and pain management. This can lead to inability or difficulty in continuing to work/earn and economic catastrophe for the affected families. Chronic stress, reduced sleep and appetite can make people more vulnerable to infections, lowered immunity, hypertension, diabetes, ulcers, depression, heart disease etc.

The psychological impact of attempted lynching by an angry mob can lead a person to develop long lasting psychological damage –post traumatic stress disorder, depression, excessive rage, panic attacks, suicidal thoughts and even suicidal attempts. Feelings of isolation, rage, distrust, fear, helplessness, anger, anxiety, hopelessness can occur. Depression can manifest as feelings of despair, disinterest in usual activities, sleep disturbances etc. Communities and individuals who are targeted, often for no reason other than their identity, can gradually or drastically reduce their access to public spaces, reducing their opportunities for enjoyment, social interaction, celebration and community participation. The start shrinking within a larger society to avoid being visible. We have yet to fully comprehend and address generations of caste-based discrimination which has pushed entire communities to the periphery and creating structural barriers to accessing even basic rights such as education, food, shelter, public spaces, healthcare etc. Religion is now rapidly becoming the political and social tool for similar practices.

Post-traumatic stress disorder (PTSD) is not very well documented in India, but could definitely be a diagnosis in many people who have survived or witnessed a violent attack by a mob. They can have intrusive and vivid thoughts that cause them to relive the incident even years after its occurrence, interfering with day to day functioning, with avoidance of social or even intimate interactions, detachment, emotional numbness with exaggerated responses, irritability, hypervigilance, extreme startle reactions etc. Substance abuse can become a way of handling the chronic and intense stress.

Each act of lynching is a public spectacle that sends out a message to the community that the mob belongs to that they can carry out similar acts with impunity against a ‘common enemy’ as an act of heroism and nationalism, becoming simultaneously law makers and implementers of these vicious diktats.

In most of these crimes, the larger society can participate, enable, collude, silently observe, rationalise, justify, glorify, valorise, reward, offer protection and impunity etc. Those who pride themselves on being animal lovers, climate activists, environmentalists, vegetarians, vegans etc. should seriously explore how their positions enable and legitimise these acts of violence.

Very often the spotlight is on the imagined transgressions of the victims themselves. The human rights violators are often rewarded with bails, garlands, positions of power. This sends out a disappointing message to society. According to Haque, witnessing lynching can have severe psychological and societal impact, with erosion of social cohesion and trust in the legal system. In India, the erosion of trust encompasses elected representatives, media, judiciary, police, health system and religious leaders. There is even erosion of trust in ones colleagues, neighbours and other acquaintances.

Effect on society

The effect on a community that is consistently targeted cannot be undermined or overstated. It leads to loss of feeling of belonging to a community, alienation, a strong sense of betrayal and discrimination. Young people can respond to this in several ways. They may hesitate to form close relationships, may be fearful of public spaces and may have inordinate fear of strangers and new places. Families of targeted communities can become extremely protective of each other, leading to reduced opportunities for economic progress and social interactions. Community members can become ‘paranoid’ and this is not without a reason leading to increased aggression in an attempt to control other family members to keep them ‘safe’.  Even a routine train journey can become fatal event.

Mob lynchings have serious and complex repercussions that affect not just the victims and their relatives, but the entire community by feeding a cycle of violence, mistrust, fear and terror. There is often irrevocable damage to social cohesive factors such as compassion, inclusion, diversity, kindness etc.

Shukla explains how mob violence may be a form of pathological normalcy – unhealthy behaviours, which appear so commonly in society that they are considered the norm.

‘Pathological normalcy can also be understood as pathological processes that become so socially widespread that they lose their individual character and come to be regarded as common and acceptable. Disturbed or unhealthy behaviour – such as display of irrational hatred, or support of violence – becomes very common, and such persons find much to share with many other individuals having a similarly unhealthy mentality. In this situation of an unhealthy herd mentality, the fully sane and objective person may find themselves in a relative minority and may even feel isolated.’

India is thus in a state where the pathological is normal. This is a dangerous stage for the country to be. It sets the base for barbaric acts of violence layered on deep rooted prejudices and misconceptions. We need to unravel our thought processes and cull out every of our thoughts, words and actions that lend complicity and normalcy to these inhuman and macabre acts that are performed for us every day.

(This article arose out of a panel discussion organised by Bahutva Karnataka that can be viewed here https://bahutvakarnataka.wordpress.com/2024/07/22/lynchings-in-india-a-national-shame/) 

Disclaimer: The views expressed here are the author’s personal views, and do not necessarily represent the views of Sabrangindia.

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While issuing the order after having heard the submission made by the petitioners, the bench stated that “Until the returnable date, we deem it appropriate to pass 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 respectively establishments. It is ordered accordingly.”

In addition to the interim stay, the Supreme Court also issued notice to states including Uttar Pradesh, Uttarakhand and Madhya Pradesh in three separate writ petitions that had been filed.

Brief about the notice of the state governments

The State governments issued the impugned directive amidst preparations for the annual Kanwar Yatra, a pilgrimage undertaken by Shiva devotees during the monsoon season known as Kanwarias or “Bhole.” In this pilgrimage, the devotees travel to key Hindu pilgrimage sites such as Haridwar, Gaumukh, and Gangotri in Uttarakhand and Ajgaibinath in Sultanganj, Bhagalpur, Bihar, to fetch holy water from the Ganges River. The yatra, traversing through cities including Muzaffarnagar and Ghaziabad, culminates in Delhi.

Initially described as ‘voluntary,’ the state governments’ directive has been widely endorsed by state officials and is now being rigorously enforced across all districts of Uttar Pradesh and Uttarakhand. Additionally, the Uttarakhand Government has issued an oral advisory aligning with this directive as of July 19/20, 2024.

In Uttar Pradesh, on July 18, 2024, the Senior Superintendent of Police, Muzaffarnagar, issued a directive requiring all eateries along the Kanwar route to display the owners’ names. This direction was extended statewide on July 19, 2024.

On July 20, in the face of the growing criticism, UP Chief Minister, Yogi Adityanath, had issues a statement sternly ordering for the enforcement of the said directive to ensure that names and identities of proprietors are displayed to avoid confusion among pilgrims during the Kanwar Yatra. an Uttar Pradesh government spokesperson had also confirmed that the chief minister had issued this directive to ensure that participants of the procession did not get disturbed during their pilgrimage. Additionally, the spokesperson had also provided that CM Yogi will be initiating action against those selling and promoting Halal-certification products. This comes after a directive was issued by the state in November 2023 wherein questions were raised against Halal certification made mandatory by certain organizations for the sale of different products, including vegetarian FMCG (fast growing consumer goods) products and cosmetics products, which don’t require any Halal certification.

On July 21, the civic body in Madhya Pradesh’s Ujjain also directed all shops in its jurisdiction to display their owners’ names and mobile numbers to ensure “customer safety”.

Details of the petitions filed in the Supreme Court can be accessed here. 

Submissions made by the parties during the Court Proceedings

No rationale behind the order: Senior Advocate Dr Abhishek Manu Singhvi made submissions before the Court on behalf of the petitioners. Questions were raised by Singhvi regarding the “rational nexus” behind the directives, by stating that no purpose was being served by the said directives. Singhvi emphasized that the directives have been issued in a clever manner so as to escape the scrutiny of Article 13 of the Indian Constitution. He argued that they fail to comply with the proportionality test, as there is no rational nexus with the aim sought to be achieved, and also briefly spoke about the violation of informational privacy through the directives.

Forced enforcement by police, creation of religious divides: He pointed out that the situation is worrisome as police authorities have taken upon themselves to create a religious divide, by forcefully enforcing these directives on the ground. Singhvi further claimed that the directives would virtually identify the owners and subject them to economic boycotts. Additionally, Singhvi highlighted that even in case the orders were to remain “voluntary”, which they had been camouflaged as, the persons who would not put out the information would be identified and then face exclusion. The counsel also mentioned the fines that have been levied by the authorities by the Madhya Pradesh government for those who will not abide by the directives. Senior Advocate CU Singh, on behalf of petitioners, apprised on the basis of news reports that the directives contemplate fines of Rs. 2000 and Rs. 5000 in case of non-compliance. Singh emphasised that added that although these directives may seem to be voluntary directives, a Chief Minister has issued a statement that the directives would apply in general to all districts. Furthermore, Senior Advocate Huzefa Ahmadi, also representing the petitioners, told the court that the directives may be considered as formal orders because they are issued as public notice under the stamp of the Muzaffarnagar police.

When the bench asked Singhvi whether the impugned directives were formal orders or part of press statement, he clarified that earlier, statements were given in the press, but later, the authorities strictly started enforcing them as even the UP Chief Minister Yogi Adityanath endorsed them.

Domino effect: Referring to other states, Singhvi added that there is possibility of a “domino effect” taking place. Singhvi elaborated how, initially, the directives were passed by Muzaffarnagar police. And now, such similar directives have been issued by Aligarh Municipal Corporation and in other districts as well, leading to domino effect in other States.

Against principles of the Constitution of India: It was further added that the directives go against Article 15(1) of the Indian Constitution, which prohibits identity-based discrimination, as the direction has the potential for the Yatris to restrict themselves from going to shops belonging to the Dalit community. Singh also assailed the fact that many people from minority communities have reportedly lost their jobs leading to the violation of Article 19(1)(g) of the Indian Constitution.

Additionally, it was submitted that the directives impinge upon the preambular promise of secularism and fraternity. Senior counsel Ahmedi also contended that the directives violate Article 17 of the Indian Constitution.

No legal backing regarding display of names, contact details: Drawing the court’s attention to the fact that Kanwar Yatra has been happening in the country for decades, Singhvi beseeched the court to note that people of all religions-Muslims, Christians and Buddhist- have been helping Kanwariyas. As for the issue of vegetarian and non-vegetarian food, he pointed out that there are existing laws which prescribe strict punishment for serving non-vegetarian food to those who prefer vegetarian. 

Pertinently, Singhvi also provided that the Food Safety Standard (Labelling and Display) Regulations, 2020 under the Food Safety and Standards Act, 2006 does not require owners of eateries to display their names, or that of their workers, outside the shops. It was contended that the legislation only requires displaying of two things with respect to food items, that is, calorie component and nature of the food (vegetarian or non-vegetarian).

Singhvi highlighted Regulation 9 of the 2020 Regulations, which states that food service establishments having central licenses or outlets at 10 or more locations shall mention the calorific value against the food items displayed on the menu cards or boards or booklets. Along with this, the logo of vegetarian or non-vegetarian food should also be mentioned. However, these Regulations are not applicable to stalls and eateries that do not have central license or outlets.Taking note of the threshold under 2020 Regulations, Singhvi urged that the court may consider these conditions as general conditions that the law prescribes.

The proceedings also involved mentioning of Section 31 of the 2006 Act, which relates to licensing and registration of food business. Clause 2 of Section 31 clarifies that the requirement of license is not applicable to “petty manufacturer who himself manufactures or sells any article of food or a petty retailer, hawker, itinerant vendor or a temporary stall holder or small scale or cottage or such other industries relating to food business or tiny food business operator”.

Order of the Court

During the hearing. based on the submissions made by the legal representatives of the petitioners, Justice Roy had emphasised that there were three dimensions to the directives, that are, safety, standard and secularism, and all of them were equally important.

In the interim order issued by the Bench, the Court observed that while undertaking the Kanwar Yatra, the devotees abstain from consuming certain food items. 

“The above would suggest that the Kanwariyas in the holy month of Shravan while undertaking the journey to collect water from the river Ganges, do abstain from certain food items in their diet. This can be understood as abstaining from consuming any nonvegetarian food or in the event of those who follow strict vegatarianism, abstaining from consuming even onion and garlic.” (Para 3)

Based on the following observation, the Court pointed to impugned directive requiring the show owners to publish their names and details, along with that of their staff members, to not serve any purpose when it comes to only providing vegetarian food to the Kanwariyas. The Court held that any order ensuring only vegetarian food being served to the devotees as well as maintenance of hygiene would have been permissible by law, but the authorities cannot usurp power under the said disguise.

“It is permissible for the authorities to ensure that the Kanwariyas are served vegetarian food conforming to the preferences and also ensure hygienic standards. In furtherance to this, the competent authority may perhaps issue orders under the Food Safety and Standards Act, 2006 and the Street Vendors Act, 2014. However, the legal powers vested on the competent authority cannot be usurped by the Police, without legal foundation.” (Para 8)

After issuing notices to the standing counsel for the state of Uttar Pradesh, Uttarakhand, S Madhya Pradesh and the government of NCT of Delhi, the bench stayed the directives issued by the state authorities. The Bench asked the food sellers to display the kind of food that is being sold to the Kanwariyas, while deeming it appropriate to restrict any display of the name/identity of the owners and also the employees.

“Until the returnable date, we deem it appropriate to pass interim order prohibiting the enforcement of the impugned directives. In other words, the food sellers (including dhaba owners, restaurants, foods and vegetable sellers, hawkers, etc) may be required to display the kind of food that they are serving to the Kanwariyas. But they must not be forced to display the name/identity of the owners and also the employees, deployed in their respective establishments. It is ordered accordingly.” (Para 13)

The complete order can be read as follows:

Related:

Two petitions filed in SC challenging UP and Uttarakhand governments’ directive to display name of shop owner and staff for being unconstitutional

“Vigilantism is not permissible, needs to be checked”: SC, following up Tehseen Poonawalla case

Opposition leaders, activists demand suspension of SP, Kolhapur and judicial inquiry into Vishal-gad Kolhapur violence

June 2024: 10 violent attacks against cattle transporters and 14 cases of communal violence in various states across India

The post Supreme Court stays directive of state forcing food sellers along Kanwar Yatra to display names, states authorities cannot usurp power without legal foundation appeared first on SabrangIndia.

It has been reported that the holy town of Haridwar has become immersed in a sea of garbage due to this year’s unprecedented gathering of kanwariyas, which is being purported to have exceeded 4 crores. According to a report in the Times of India, over the course of the 12-day Kanwar yatra, Haridwar has been overwhelmed by up to 30,000 metric tonnes (MT) of garbage.

According to Haridwar municipal commissioner Dayanand Saraswati, who spoke to the ToI, the area has been left littered with empty bottles, discarded clothing, plastic bags, and other trash, with at least 50% of the waste being plastic. Open defecation along the Ganga, which is usual during the Kanwar Yatra, made the pollution worse. Open defecation along the Ganga is estimated to have contributed approximately 10,000 tonnes of faecal waste into the river. It is anticipated that the total waste produced over the 12-day yatra in the neighbourhood will amount to 27,810 MT.

Commissioner Saraswati further stated that the authorities will need a few weeks in order to clean the whole city. As per the Outlook report, the Haridwar Municipal Corporation reportedly has arranged for 40 more garbage ferrying vehicles to their regular service for faster cleanup. He also informed the media that the cleaning process started on Saturday and continued by saying, “Round-the-clock cleaning of the Ganga ghats, roads, bridges, parking lots, and a temporary bus stand is being carried out. We have increased the number of workers to 600 for time-bound cleaning. We have also started spraying insecticides and fogging in the mela area.” 

It is being purported that the staggering amount of waste reproduced this year has put immense pressure on the town’s infrastructure and resources. Additionally, the seven-day rain spell in Uttarakhand during the Kanwar Yatra affected the proper garbage collection and disposal, said the officials as per a report by the Outlook. 

It is essential to note that dealing with large amount of waste production is not limited to this year, but has been an issue associated with the Yatra for many years. Last year too, the Kanwar Yatra season had generated about 30,000 MT of waste, a quantity that Haridwar typically produces in 4 to 5 months. 

Damage to this environment, local left dealing with the mess

The executive engineer of Jal Sansthan, Rakesh Chauhan, revealed that around 3.5 MLD (35 lakh litres) of human waste was handled at the plants during the event. Haridwar’s sewage treatment plants were overburdened during the yatra.

Haridwar resident Dr. Vijay Verma raised alarm about the pollution, telling ToI that “During the Kanwar Yatra, all directives from the courts and regulatory bodies aimed at safeguarding the environment seem to be disregarded. Urgent action is needed to address this pressing issue and protect our ecology.” 

As stated in a report by the Outlook, Mahamandaleshwar Hari Chetnanand Maharaj of Udasin Akhada reportedly said that according to old scriptures, if a pilgrim pollutes the sacred Ganga, ghats and other places of worship during their pilgrimage, it is not considered successful. He also said, “In Vedic scriptures even staying at Har-ki-Pauri or near revered shrines is not considered appropriate as the sanctity of such holy places gets affected. Devotees should ensure they do not commit any such unreligious act.”

According to a local priest by the name of Ujjwal Pundit, pilgrims and tourists need to be educated and made aware of the necessity to maintain the cleanliness of the Ganga and Haridwar. 

According to the reports, Activist Anoop Nautiyal shared his point of view to curb the pollution of the holy river and the pilgrimage areas, he said, “If such a huge amount of garbage is left at Ganga ghats, then it is a failure of local administration. …Segregation of garbage and waste material lying in the open amid rainy spells is impossible. So eventually it will go to landfill or dumping sites. Every year Kanwar pilgrimage is held so long-term planning is required…NGOs, experts on waste material management should also be roped in,” the Outlook report stated.

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The post Haridwar: Kanwar Yatra ends, leaves behind 30,000 metric tonnes of garbage appeared first on SabrangIndia.

Bareilly, Uttar Pradesh

Members of the Rashtriya Bajrang Dal, an extremist  Hindu organisation, carried out raids on Muslim-owned meat shops, forcing them to shut down. A video recorded and uploaded by Hindutva Watch captures the unsettling scenes, where these individuals are seen entering the shops and coercing the owners to close their businesses.

Ujjain, Madhya Pradesh

Local authorities in Ujjain attempted to close and remove Muslim meat shops, citing potential offence to the sentiments of Mahakal devotees. A video circulating on social media shows concerned civilians pleading with the officials, trying to negotiate against the closure of their shops. Some Muslim city council members arrived on the scene to oppose the move.

Location: Ujjain, Madhya Pradesh

Local authorities tried to close and remove Muslim meat shops claiming it could hurt the sentiments of Mahakal devotees.

Some Muslim city council members reached the spot to oppose the move. pic.twitter.com/Zzgln5Pl6D

— HindutvaWatch (@HindutvaWatchIn) July 9, 2023

Najafgarh, Delhi

Members of the Vishwa Hindu Parishad-Bajrang Dal visited multiple meat shops, asserting their authority and demanding compliance with the mandatory closure of shops on Tuesdays, claiming the need to honour “Hindu sentiments.” A video posted online reveals their “Jagrukta Abhyaan” or awareness campaign, with participation from the Parshad of the Roshanara ward, as they go around instructing shop owners to close their establishments.

Muzaffarpur, Bihar

Bajrang Dal members forcibly closed a meat shop and issued threats to shut down all such shops located near temples, schools, and hospitals. The incident, documented in a video, showcases the intimidation tactics employed by these individuals which ended up in closing the shops with use of violence despite opposition from the meat shop owners. A Bajrang Dal Zila Adhyaksh declared that all meat shops near schools and temples would be removed from the city, and that any offence or hurt against ‘Sanatani Sanskriti’ (Sanatani Culture) would not be tolerated, as Hindu samaj has come together.

Location: Muzaffarpur, Bihar

Bajrang Dal members forcefully closed a meat shop and threatened to close all such shops around temples, schools and hospitals. pic.twitter.com/te08fG6knf

— HindutvaWatch (@HindutvaWatchIn) June 27, 2023

These incidents reflect a disturbing trend that has gained momentum in the last few years. Measures targeting meat consumption, particularly in northern India, have witnessed a surge in recent years. Extremist Hindu groups such as the Vishwa Hindu Parishad, Bajrang Dal, and Hindu Sena have taken a leading role in vigilante violence against these shops which are mostly owned by writing class Muslims and Dalits.

These incidents have occured in huge numbers. There have been high profile cases as well. For instance, in 2015 the Kerala State Bhawan in New Delhi was raided after a Hindu Sena members raised a huge and cry about beef being on the menu. Thereafter Vishnu Gupta, who was actually the chief of Hindu Sena, was arrested by Delhi Police for providing false information about beef being served at a restaurant in Kerala House. Gupta’s complaint had been what prompted a police raid on the government guest house of the state of Kerala. The restaurant clarified that the meat in question was buffalo, which had been legally obtained from a shop authorised by the Delhi government.

Further exacerbating tensions, in 2022, the Karnataka Police apprehended seven members of the Bajrang Dal following two incidents of assault related to the sale of halal meat in Bhadravathi town, Shivamogga district.

However, this phenomenon is not entirely new or a 21st century innovation. A detailed analysis by SabrangIndia notes how the Kerala High Court intervened by issuing a stay order on the Lakshadweep administration’s decision to close dairy farms on the islands and modify the midday meal diet for school children. The administration’s plan to auction off the animals and exclude chicken, beef, and other meat from the menu faced considerable opposition from the local population. Furthermore, the exclusion of eggs in midday meals at the expense of children’s health has been an alarming development in this regard.

In fact, in the mid-1990s to early 2000s in Gujarat, Dalit and Muslim mothers were warned against including boiled eggs in their children’s lunchboxes. This was highlighted in a cover story on Gujarat titled Face to Face with Fascism by Teesta Setalvad. The article explained how the RSS-BJP-VHP alliance deliberately stirred controversy around slaughter during Bakri Eid since 1997. Waljibhai Patel, an advocate for Dalits and minorities in the Gujarat High Court through the Council for Social Justice (CSJ), explained that Jains, despite being only 0.2% of the population, wielded significant wealth and influence. This led to an outcry during Bakri Eid, which coincides with Mahavir Jayanti, and a two-week demand to close slaughterhouses. Patel questioned the survival of the majority of the population, which includes SCs, STs, and religious minorities who consume beef. The CSJ challenged the state’s authority to dictate dietary choices and even protested against attempts to close restaurants during Ramadan in 1997.

In 1997, the Gujarat High Court ordered the reopening of slaughterhouses following a writ petition. However, the influential Jain lobby raised the same demand the following year when the BJP was in power. The CSJ once again approached the court, and the High Court directed the slaughterhouses to remain open for the entire fortnight, with exceptions for the first and last days. This clampdown of meat-eating targeted both Dalits and minorities in Gujarat, a state known for its hard-line Hindutva politics.

In May 2017, the central government attempted to impose a complete ban on the slaughter of cattle, including cows, buffaloes, bullocks, calves, and camels. However, the Supreme Court stayed this decision as it affected the livelihoods of those involved in the leather, tanning, and meat production industries.

India has consistently witnessed the politicisation of food whether it is related to midday meals for underprivileged children in government run schools or the dinner spread at the home of ordinary citizens.

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The post Hindu Extremist Groups Target Meat Shops in Multiple Indian Cities appeared first on SabrangIndia.

Biju George Joseph, IGP, Ajmer range, told Sabrang, “14 people have been injured and are in hospital. Injuries have been sustained by people from both sides. Kanwariyas were taking out a procession and were passing through a Muslim neighbourhood. The attack was spontaneous. A car was burnt, but we are not sure if it was the Kanwariyas or the Muslims who burnt it. No anti-Muslim slogans were chanted. As of now situation is under control and peaceful.” District SP Yogesh Dadich told the Times of India that a state roadways bus was also vandalised.

The post Clashes take place during Kanwariya procession in Rajasthan appeared first on SabrangIndia.