Someone has beautifully written that ‘He is fresh and energetic, showing new miracles, the public is getting tired of clapping’. Its implication shows the concept of the condition of the public (common people) in the times of kings and emperors before the establishment of democracy in India. In today’s era, it is not possible that the government does some work and it is necessary for everyone to clap, perhaps this is the reason that there is a heated debate across the country regarding the name-plate rule of the UP government to maintain law and order during the Kanwar Yatra.
If seen from the point of view of the Constitution and law, experts believe that the government can take such regulatory measures to maintain peace and law and order. While its political meanings are being drawn differently, in which one section is also citing division of society and targeting of the Muslim community. The opposition is also vocal against this law, while the BJP-ruled state government is calling it a preventive step by linking it to strong arrangements during the Kanwar Yatra.
The law was passed in Mulayam Singh’s government
It is also true that the law under which the rule of putting name plate has been brought was passed in the year 2006 during the government of the then Chief Minister Mulayam Singh Yadav. Under the Food Safety Standards Act passed 18 years ago, the state government has asked the shopkeepers to clarify the name and other information during the Kavad Yatra.
After the new order issued by UP regarding the Kanwar Yatra across the country, the police in Haridwar, Uttarakhand also issued similar orders. Muzaffarnagar police started this and ordered the owners of shops and restaurants coming in the way of the Kanwar Yatra to put up boards with their names.
‘Government can impose preventive rules keeping in view the security’
According to Supreme Court lawyer Gyanant Singh, the state government can implement preventive rules in view of the safety of those doing the Kanwar Yatra. There is no legal flaw in this. It is neither a violation of the right to equality, because people of all religions have been instructed by the state government to comply with it. If such a rule was implemented only for a particular class, it would have been a violation. He said that although its political meaning may be different, the intention behind implementing the law can definitely be questioned and this should be done. Every rule and law should be properly discussed.
What did Kapil Sibal say on the government’s decision?
On the other hand, lawyer and Rajya Sabha MP Kapil Sibal criticizes and says that this kind of politics will not take us towards a developed India. This is going to divide the society and the common man has nothing to do with it.
Supreme Court lawyer Shamshad Alam says that the state government is constantly taking such steps which are not in favour of a particular class. If we look at everything from halal to name-plate rules, the intentions of the state government will be clearly visible. This cannot give the society the right direction in any case.
‘This system should be implemented across the country’
Legal expert Abhishek Rai says that during the month of Saavan, people in Hindu religion abstain from non-veg food. Especially those going on the Kanwar Yatra will violate the discipline if they buy food from a place where non-vegetarian food is being cooked. In such a situation, what is the problem if the shopkeeper puts up a name plate? In my opinion, this system should be in place in the whole country. Article 15 also says that the state will not discriminate against any citizen on the basis of religion, race, caste, sex, place of birth or any of these.
He said that those who are opposing this preventive step, will they guarantee that no incident will happen during the Kanwar Yatra. After all, it is the responsibility of the state Chief Minister Yogi Adityanath’s government to maintain security, peace and law and order. However, he clarified that if under the guise of this law, atrocities are committed against a person of any religion on the basis of his color, appearance or caste-religion, then it will be a violation of the right to equality. Whether it is done by the police, administration or anyone else, but there is no doubt that it is the duty of the state government to implement preventive rules. Article 18 mentions that all titles except military and educational titles can be abolished.
There is no legal flaw: SC lawyer
Supreme Court lawyer Anupam Mishra says that there is no legal flaw in implementing this rule, but the political implications and adverse effects cannot be denied. In a murder case, the judge acquits the accused who defends himself. While the person who committed the murder with intent has been punished, in my opinion this issue is all about intention.
He said that if you look at the rule only from the perspective of the ideology of the Bharatiya Janata Party, you will find flaws, but if you look at it from the perspective of preventing any major incident in the future, then the name plate rule will seem right. There can be no compromise on security, this is also true, but no citizen can be discriminated against through any preventive measure. And there is no doubt that such measures are misused the most by the police. Article 16 says that there will be equality of opportunity for all citizens in matters related to employment or appointment to any post under the state.
At the same time, legal expert Anurag Singh says that the right to equality under the Constitution of the country ensures that everyone is treated equally before the law. Any kind of discrimination should be completely and clearly prohibited, everyone should be considered equal in terms of employment and untouchability and discrimination should be abolished. Article 17 talks about the abolition of untouchability.
‘This is a protective and preventive measure’
Singh further said, you tell me where the definition of the right to equality has been violated by the rule implemented by the UP government. This preventive rule is for everyone. People of all religions and sects including Hindus, Muslims, Sikhs, Christians, Jains, Parsis and Buddhists live in the country. If they set up a shop in the concerned area and do business during the Kanwar Yatra, then they will have to clarify their name, address and other conditions. This is a protective and rescue step, so that there is no sudden explosion and its fire spreads across the country. Article 14 also says that the state will not deprive any person of equality before the law or equal protection of the laws in the territory of India on the basis of religion, race, caste, sex or place of birth.
The law was made during the UPA government
A law was made during the UPA government regarding name plates. According to the Food Safety and Standards Act 2006, it is mandatory for the owners of all eateries including hotels, restaurants, dhabas and carts to write their name, firm name and license number. Under the ‘Jago Grahak Jago’ scheme, it is also necessary to put up a price list on the notice board.
Opposition parties are protesting
On the other hand, all the opposition parties including Congress have united and strongly opposed this rule. All have said in one voice that Kanwar Yatras have been taking place earlier also, but by bringing such a rule, the state government is targeting a particular class. Not only the opposition, but BJP’s allies Rashtriya Lok Dal, Janata Dal United and LJP (R) have called the state government’s decision unnecessary.
