Mandate To Display QR Codes On Eateries Along Kanwar Route In UP & Uttarakhand Challenged In Supreme Court

An application has been filed in the Supreme Court against the directives issued by the Uttar Pradesh and Uttarakhand Governments to the food sellers along the Kanwar Yatra route to display QR code stickers on their banners which would enable the pilgrims to access the details of the owners.

The application sought a stay of all directives requiring or facilitating public disclosure of ownership/employee identity of food vendors along Kanwar Yatra routes in the States of Uttar Pradesh and Uttarakhand.

It is argued that the directions are contrary to the interim order passed by the Supreme Court last year, which held that sellers can't be forced to disclose their identities.

The applicant, Professor Apoorvanand, contended that to circumvent the Court's order, the Government authorities have issued new directions this year mandating the display of QR codes on all eateries along the Kanwar route, which reveal the names and identities of the owners. The applicant contended that the intent behind the direction is to cause religious profiling of the sellers along the pilgrim route. According to the applicant, the government directives have no backing of the law, and they are intended to cause religious polarisation and discrimination.

"The new measures mandate the display of QR codes on all eateries along the Kanwar route, which reveal the names and identities of the owners, thereby achieving the same discriminatory profiling that was previously stayed by this Hon'ble Court."

Although the eateries are legally obliged to obtain licenses and display them, they need to be displayed only inside the premises. The Government mandate to display the names and identities of the owners on the billboards outside is an overstep, the application stated. An apprehension was voiced that the Government's directions will cause mob violence, especially against vendors belonging to minority communities.

"That a directive to reveal religious, caste identities couched under the garb of “lawful license requirements” is a breach of privacy rights. The requisite license is a self-contained certificate, which although reveals the name of the owner, is displayed inside the premises at a place where it may be accessed. Equating this requirement to display a normal-sized license with the directive to display name of owner, manager and other employees on billboards outside, or to not give eateries names which do not reflect the religious identity of the owner are de hors the license requirements," the application read.

The application, filed through AoR Akriti Chaubey, has been moved in the writ petition filed by Apoorvanand last year.

A bench comprising Justice MM Sundresh and Justice NK Singh will hear the matter on July 15.

Case : Apoorvanand Jha and another v. Union of India and others | I.A in W.P(c) 328 of 2024