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Supreme Court Declines Stay on QR Code Order but Demands Licenses Displayed on Kanwar Yatra Route

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The Supreme Court delivered an interim order that pleases the Uttar Pradesh government yet leaves petitioners wary. The bench refused to suspend the requirement for QR code stickers on food outlets along the Kanwar Yatra route. At the same time, the Court directed every hotel and eatery on the pilgrimage corridor to display its license and registration certificate in clear public view. The directive applies with immediate effect and will remain operative until the final judgment on the wider case.

Justice M. M. Sundresh and Justice N. Kotiswar Singh presided over the hearing. They explained that the Court has not examined the QR code issue on merits. That question will receive detailed scrutiny when the principal writ petitions are argued in full. Until then, the state order continues without judicial suspension. The petitions challenging the government circular are therefore still alive and will face comprehensive adjudication in due course.

The outcome offers provisional relief to the state because officials feared an immediate injunction. Yet the Court made it clear that constitutional concerns remain on the docket. Petitioners may return with substantive arguments during the main hearing, likely scheduled after the Court’s summer recess. The order also advises petitioners to file any extra material supporting claims of discrimination or threats to privacy.

Background: QR Code and Name Banner Mandate on Pilgrimage Route

Earlier this year, the Uttar Pradesh home department issued a notification aimed at improving transparency and security during the Kanwar Yatra. The circular directed all food stalls, dhabas, restaurants, and hotels on the designated route to affix QR code stickers near cash counters and entrances. Scanning the code reveals the owner’s Aadhar‑linked identification, contact number, and FSSAI license status. The same circular told proprietors to place banners outside their premises showing the establishment name, owner name, and full address.

Officials argued that the policy helps pilgrims verify hygiene credentials, prevent price manipulation, and report emergencies. The Kanwar procession attracts millions of Shiva devotees who walk or drive from various states toward Haridwar and other Ganges towns. Administrative agencies often struggle with crowd management, food safety breaches, and sporadic violence. A digital database of vendors could, in the view of authorities, reduce health risks and ensure accountability.

Petitioners Say Order Violates Equality and Privacy

Multiple citizens groups and public figures challenged the circular. The lead petitioner, academic Apoorvanand Jha, alleged that the directive fosters religious profiling. He contended that public disclosure of personal names allows pilgrims to identify vendors by community background and boycott minority shops. Association for Protection of Civil Rights filed a parallel petition, stressing that forced identity display limits the right to carry on trade without religious tagging. They claimed the measure violates Article 14, which guarantees equality before the law, and Article 21, which secures privacy.

Trinamool Congress member of parliament Mahua Moitra also moved the Court. Her plea emphasized the risk of mob violence triggered by online rumors or provocative calls. She pointed to past incidents where Kanwar participants vandalized property after rumors of contamination. According to her counsel, the new rule could escalate tensions because pilgrims may single out particular surnames.

Court’s Interim Order Balances Competing Concerns

During the hearing, the bench stated that it must weigh public safety against constitutional liberties. The justices acknowledged that the pilgrimage involves exceptional logistical challenges. Yet they also signaled that state actions must not single out citizens based on faith. The bench therefore crafted a narrow interim balance.

Under the order, hotels and restaurants must show proof of registration and licensing to reassure consumers about legitimacy. However, the Court offered no directive on displaying personal names or installing QR codes. It explicitly noted that those issues “have not been considered” at this stage. Petitioners retain the right to press for a stay when substantive arguments are presented.

Government lawyers welcomed the outcome. They argued that the state merely intends to promote safe catering and combat price gouging. They further assured the Court that officials will enforce the directive uniformly and will issue advisory guidelines discouraging discrimination.

Context: Prior Stay on Similar Orders in Three States

The present litigation resurrects a debate the Court faced last year. In 2024, the bench comprising Justice Khanwilkar (retired) halted almost identical directives from Uttar Pradesh, Madhya Pradesh, and Uttarakhand. Those orders required Muslim meat sellers near religious gatherings to post name boards in Devanagari script. The earlier stay was grounded in concerns over privacy and targeted surveillance. Petitioners now argue that the present QR system is no different in effect.

The state, however, says the earlier directions involved explicit religious labeling, whereas the QR code only reveals licensing data already held by regulators. Petitioners dispute this distinction, citing the compulsory banner that includes the proprietor’s name. They insist that names often disclose community identity, thereby reviving the constitutional problem.

Potential Impact on Communal Harmony

Civil society observers fear that forced disclosure could spur boycotts or vigilante actions. Kanwar Yatra season sees heightened devotional fervor. Crowds chant slogans, carry saffron flags, and occasionally clash with locals over parking or loud music. Minority vendors sometimes shutter shops to avoid confrontation. Activists worry that QR code data might circulate on social media, spawning calls to block or vandalize specific establishments.

The petition refers to incidents in 2019 when a rumor led to vandalism of a bakery whose owner belonged to a minority community. The Court asked petitioners to provide verified evidence showing that name boards have previously incited violence. The bench said material proof would assist it in calibrating any future injunction.

Legal Arguments Framed for Final Hearing

Senior counsel appearing for the Association stressed three constitutional points. First, compelled disclosure of personal identity infringes informational privacy recognized in the Puttaswamy judgment. Second, the directive fails the proportionality test because less intrusive means can achieve hygiene oversight. Third, the circular lacks legislative backing and relies purely on executive fiat.

The state’s additional solicitor general countered that the Food Safety Act empowers authorities to inspect establishments and direct remedial measures. He argued that customers deserve immediate visual confirmation that outlets are licensed. He further noted that licenses already contain owner names, so public display adds no fresh intrusion.

Supreme Court’s Reasoning on Interim Refusal

While declining a stay, the bench highlighted that ad‑interim injunctions require strong prima facie proof and balance of convenience. At present, the justices felt the petitioners did not show imminent irreparable harm. The state’s representation that no selective targeting would occur tipped the balance. However, the justices reserved liberty to revisit the matter if fresh facts emerge.

They also reminded the state to file a comprehensive affidavit detailing intended safeguards, digital security protocols, and measures against data misuse. The affidavit must explain how QR codes will store and transmit information, who will access the database, and how long records remain online.

Direction to Display Licenses and Certificates

One concrete mandate did emerge: all establishments must hang valid FSSAI licenses and local registration certificates at eye level near entrances. The Court said this step is routine regulatory compliance and poses no privacy threat. Moreover, displaying licenses can help food inspectors enforce hygiene rules. The justices clarified that non‑compliance may invite penalties under existing municipal statutes.

Industry associations representing small dhabas sought clarification on fines. The bench responded that enforcement actions should be proportionate and consistent. It asked municipal authorities to issue a guidance memo within two weeks.

Why the Order Matters for Pilgrimage Economy

The Kanwar trail supports thousands of micro‑businesses each monsoon. From sugar‑cane juice stalls to budget hotels, vendors rely on pilgrim spending. Regulatory uncertainty can disrupt livelihoods. The Court’s direction on license display offers clarity while debate on QR codes continues. Business owners now know they need proper registration and hygiene certification before the pilgrimage peaks.

Political Overtones Surrounding the Litigation

Critics link the state order to broader cultural politics around pilgrim routes. The opposition alleges that the ruling party seeks to consolidate majority sentiment by spotlighting religious identity. Government ministers reject that charge, saying the policy is purely administrative. They claim QR codes will speed police response to medical emergencies and missing‑person alerts.

Parliament sessions witnessed heated exchanges after the petitions were filed. Several lawmakers demanded a uniform policy covering all religious gatherings, including Urs festivals and Christmas fairs. The law minister promised to study the suggestion.

Next Procedural Steps in the Supreme Court

The bench directed the registry to list the main writ petitions for final disposal in due course. Parties must finish pleadings within six weeks. The state must serve its affidavit upon petitioners two weeks before the final date. Amicus briefs from civil liberty groups may also be accepted if filed promptly.

Court observers expect arguments to center on whether compelled identity disclosure infringes fundamental rights under Articles 14, 19, and 21. The Court may weigh earlier privacy precedents such as Puttaswamy, Aadhaar, and Pegasus. It could also revisit principles on secular neutrality in state regulation of commerce.

Reactions from Stakeholders

Uttar Pradesh food department officials expressed satisfaction, noting that the order vindicates their safety focus. Pilgrim welfare societies echoed support, saying pilgrims will feel safer knowing outlets are certified. Meanwhile, minority vendor unions voiced disappointment that the QR code requirement remains alive. They plan awareness campaigns to document any discriminatory incidents during the upcoming Yatra.

Legal scholars praised the Court for issuing a calibrated order rather than a blanket stay. They say the directive on license display promotes consumer transparency without deep privacy invasion. Yet some academics worry that postponing the QR code decision might embolden zealots.

Kanwar Yatra Timeline and Security Overview

The Kanwar Yatra usually begins on the first Monday of the Shravan lunar month. Pilgrims collect holy water from the Ganges and carry it back to hometown shrines. The route intersects national highways, small towns, and forest corridors. Security agencies deploy drones, CCTVs, and medical camps. Last season, officials counted over two crore participants across the northern belt.

The QR initiative is part of a tech push that includes GPS tracking of pilgrim convoys and real‑time crowd dashboards. Authorities claim such tools cut response time during stampedes and medical crises. Petitioners insist that QR codes revealing owner names do not serve the same safety function. They accept digital payment QR codes but oppose identity layers.

Past Judicial Intervention on Pilgrimage Regulations

The Supreme Court has historically intervened when state measures appear to burden minority rights. It struck down loudspeaker bans limited to one community and decried blanket meat‑shop closures during festivals. Yet the Court also upheld traffic diversions and temporary liquor restrictions near large gatherings, citing public order. The present case could refine the boundary between legitimate safety rules and covert discrimination.

Possible Middle‑Path Solutions

Some policy analysts propose anonymized vendor codes that hide personal names yet verify licensing. Another option is voluntary disclosure rather than compulsion. The Court hinted that tailored safeguards could satisfy both sides. Whether the state will adopt such measures before final judgment remains uncertain.

Broader Implications for Digital Governance

The controversy highlights rising tensions between digital governance and civil liberties. QR codes, facial recognition cameras, and biometric logs promise efficiency but raise privacy alarms. The Kanwar litigation may set a precedent for how far Indian states can push identity transparency in public commerce. A carefully reasoned judgment could influence future policies on digital tagging of migrant vendors, e‑rickshaw drivers, and street hawkers.

Summing Up the Interim Landscape

For now, hotel and eatery owners on the Kanwar Yatra path must focus on compliance. They need valid licenses in plain sight and should prepare for random inspections. QR code stickers remain on the rulebook, though their legality awaits full judicial scrutiny. Petitioners have time to gather empirical evidence showing discriminatory fallout. The Uttar Pradesh government enjoys temporary breathing room but must justify every aspect of its policy in the months ahead.

The Supreme Court’s balanced approach signals respect for safety concerns without abandoning constitutional vigilance. All eyes will turn to the next hearing, where the bench may craft a landmark ruling on digital identity, commerce, and religious harmony along one of India’s largest pilgrim corridors.

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