The Yogi Adityanath government on Friday defended its directive to food vendors on Kanwar Yatra routes to display their names, telling the Supreme Court that measures are also taken to respect Muslim sentiments during Id or Muharram, including curbs on the movements of pigs.

The apex court, however, extended till August 5 its interim stay on the Uttar Pradesh directive, criticised widely as a way of getting food sellers to reveal their religion and compared by some to the Nazi imposition of the Yellow Badge on Jews.

The state government argued that scrapping the directive can lead to “flare-ups, especially in a communally sensitive area like Muzaffarnagar”, over “even small confusions regarding the kind of food they (Kanwariyas)are served”.

The annual pilgrimage, which usually lasts a month, began on July 21 night.

The bench of Justice Hrishikesh Roy and Justice S.V.N. Bhatti extended the interim order to enable the states of Madhya Pradesh, Uttarakhand and Delhi – through which many of the pilgrims pass — to respond to its July 22 notices.

These notices came on four petitions challenging the Uttar Pradesh directive to eateries and food stalls to display their names and those of their staff, apparently to respect the sentiments of the Kanwariyas.

The petitions were filed by the non-government Association for Protection of Civil Rights, Trinamool Congress MP Mahua Moitra, academic Apoorvanand Jha and journalist Aakar Patel.

“...The idea behind the directives is transparency and informed choice of the consumer/ Kanwaria regarding the food they eat during the period of the Yatra, keeping in mind their religious sentiments so that they don’t, even accidentally, fall foul of their beliefs,” the state government’s counter-affidavit, filed through standing counsel Ruchira Goel, said.

“Such situations would obviously lead to flare-ups where lakhs and crores of people are walking barefoot carrying holy water. A mishap in the form of taking a meal unwittingly (at) a place that would have otherwise not been of their choice, could, for the Kanwaria, vitiate the entire Yatra, peace and tranquillity in the area, the maintenance of which is the bounden duty of the State.

“…In the past week itself, there have been flare-ups and altercations on the Kanwar Yatra route with respect to onions and garlic being served at the eateries.

“…For the crores of such pilgrims, many of whom are not literate, and who are walking barefoot with religious fervour, even small confusions regarding the kind of food they are served has the potential to hurt their religious sentiments and cause flare-ups, especially in a communally sensitive area like Muzaffarnagar.”

The state also defended its directive as valid under the Food and Safety Standards (Licensing and Registration of Food Businesses) Regulations, 2011.

It invoked Regulation 2.1.1(5), framed under Section 92(2)(a) and read with Section 31 of the Food and Safety Standards Act, 2006, which requires the registration of all “petty food” businesses and the mandatory display of the photo ID of the owner and the registration certificate.

“It is submitted that the requirement of mere transparency, with prominent disclosures of the names of the operators of the eateries and the type of food they serve is certainly not discriminatory or restrictive at all,” it said.

“In fact, even a complete closure of slaughterhouses in Gujarat for a period of 9 days during the Jain festival has been upheld by this Hon’ble Court, keeping in mind the sentiments of the devotees, in Hinsa Virodhak Sangh vs Mirzapur Moti Kuresh Jamat and Ors (2008 case).”

The state government said traffic restrictions are imposed across the state during Muharram and Eid, village fairs are arranged for the sale of goats, and the movements of pigs are restricted to respect the religious sensibilities of the minority community.

During the Haj season, the Centre and the states ensure facilities for wuzu (ablution) and prayers at airports along with dedicated check-in counters and guesthouses, it added.