UP Kanwar Yatra: Did Mulayam Singh Yadav bring ’nameplate’ order in 2006 as BJP claims? 4 factors to look at

A Kanwar yatra rule in Uttar Pradesh has triggered a massive controversy. According to the latest advisory, it will now be mandatory for food and beverage shop owners on the Kanwar Yatra route to display the name and identity of the operator/owner on a 'nameplate'.

While the Opposition slammed Yogi Adityanath's government for "promoting untouchability", the Bharatiya Janata Party (BJP) leaders said it has just reiterated what was notified "by the Mulayam Singh Yadav government and the Mayawati government" in 2006.

But is it correct to say that the notification was first released during "Mulayam Singh Yadav's time and Mayawati's time"? Here's a deep dive into what the new advisory is, the controversy around it and how true are claims made by the BJP and Opposition.

UP's Kanwar Yatra advisory not new?

BJP leader Shaina NC told Mint that this notification was issued in 2006, during "Mulayam Singh Yadav's time and Mayawati's time" when the Congress-led UPA government was in power at the Centre. She said the screenshot of the 2006 order is all over the internet.

One such viral screenshot showed directives mentioned in the Food Safety and Standards Act 2006. The social media user who posted the screenshot of the regulation referred to the specific directive that said, “As per the FSS Regulation, there is a mandatory requirement of displaying FSSAI License/Registration Number at food premises.”

Meanwhile, state BJP spokesperson Rakesh Tripathi said that the BJP has not formed any new law but is obeying the previous directives. “In the Food Safety and Standards Act 2006, it is specified that the license holder will display the licence and the name of the proprietor in his outlet. The same is the case in the Street Vendors Act 2014,” he was quoted by the Hindustan Times as saying.

Justifying the move, VK Mishra, in-charge of the weights and measures department of Meerut, also told ANI on Friday that as per the Food Safety and Standards Act, 2006, every restaurant and dhaba 'sanchalak' needed to display the name of the firm, the owner's name and the licence number.

Is the 2006 Act same as UP's Kanwar advisory?

First, the Food Safety and Standards Act 2006 was implemented country-wide. It was not specific to any state or specific to any time period or occasions. 

Second, the Act does not mention Kanwar Yatra and any other religious procession during which it should be implemented. It's a general rule which needs to be followed around the clock by all shops and outlets in the entire country.

However, the BJP's government's statement said the ‘nameplates’ have to be displayed by food outlets “on the Kanwar routes" across the state.  

The notification by the UP government raised eyebrows only because UP police and the BJP government issued the advisory in the wake of Kanwar Yatra –  which will commence in July 22. Their aim, they said, is to “maintaining the sanctity of the Kanwar Yatra” and to avoid any "confusion".

Third, the contention is about the display of owner's name. The Kanwar yatra advisory asks all eateries along the Kanwar Yatra route to display their owners' names – which is feared to reveal the religious identity of the owners of shop. The Opposition also maintained that the advisory's objective was to “discriminate” against Muslims during a Kanwar Yatra.

Now, under the existing provisions of the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011, “it is mandatory to display the true copy of the license at a prominent place at all times within the premises where the Food Business Operator carries on the food business.”

However, the Act does not mention any “nameplate” or a board that needs to be put up by shop owners upfront. It just says that a “true copy” of the licence must be put up and should be visible to the customers. The Act says, "Display a true copy of the license granted in Form C shall at all times at a prominent place in the premises."

It must be noted that the Food Safety Display Boards (FSDBs) were introduced to necessitate food businesses to display FSSAI Registration / license, which is not really visible to the customer.

Did the ACT/Kanwar Yatra rule come during UPA regime?

Now, coming to the claim (fourth factor) that the notification was first issued during the UPA's regime and during Mulayam Singh and Mayawati's government. The Food Safety and Standards Act was implemented in 2006 – when the Congress was in power at the Centre, and the Samajwadi Party's Mulayam Singh Yadav's ruled Uttar Pradesh. The FSS 2011 Act had come when Bahujan Samajwadi Party's (BSP) Mayawati was in power.

What's the new Kanwar Yatra advisory?

On Friday, July 19, Uttar Pradesh Chief Minister Yogi Adityanath announced that a 'nameplate' will have to be put on the food shops on the Kanwar routes across the state.

"The decision was taken to maintain the purity of the faith of Kanwar pilgrims. Action will also be taken against those selling products with Halal certification," the Chief Minister's Office was questioned by news agency ANI.

Adityanath statement came soon after the Muzaffarnagar UP police issued an advisory saying that “hotels, dhabas and shopkeepers selling food items on Kanwar Marg have been requested to voluntarily display the names of their owners and employees.”

Why was the advisory issued?

The UP Police said the decision was taken because "during the holy month of Shravan, many people, especially Kanwariyas, abstain from certain food items in their diet."

"In the past, such instances have come to light where some shopkeepers selling all types of food items on Kanwar Marg named their shops in such a way that it created confusion among the Kanwariyas and created a law and order situation," the Muzaffarnagar police said in its advisory.

Police further maintained that the intention of this order was not to create any religious discrimination but only to facilitate the devotees passing through Muzaffarnagar district, counter allegations, and save the law and order situation. "This system has been prevalent in the past also," it added.

UP govt criticized over Kanwar Yatra advisory

Several Opposition leaders criticized the UP government advisory on Kanwar Yatra. Many called it "discriminatory" and "against Article 17 of the Constitution". Congress leader Pawan Khera said that the objective of this advisory is to normalizing "economic boycott of Muslims".

Meanwhile, AIMIM president Asaduddin Owaisi compared the Muzaffarnagar police advisory to the Apartheid and Judenboykott, the boycott of Jewish businesses in Hitler's Germany. He said the Uttar Pradesh government is "promoting untouchability".

Samajwadi Party president Akhilesh Yadav dubbed the advisory as the "social crime" and appealed to courts to take suo motu cognizance of the matter.

Bahujan Samaj Party (BSP) supremo Mayawati also condemned the UP government's directive and posted on X, "The order by the Uttar Pradesh and Uttarakhand governments to the traders of Kawand Marg to prominently write the full name of the owner and staff on their shops and also to ban the sale of meat for electoral gains is completely unconstitutional."

Not just the Opposition, BJP leader Mukhtar Abbas Naqvi also criticized the move and posted on X, “The hasty orders of some over-zealous officials may give rise to the disease of untouchability. Faith must be respected, but untouchability must not be patronized...”

However, he later said a there was a "confusion on the basis of a limited administrative guideline".

What did the BJP say in its defence?

BJP leader Shaina NC said, "Kanwariyas have the right to know from where they are buying things". She said, "When somebody goes to Hajj or Mecca, they always find out what they are purchasing...whether it is a halal shop or not. Why shouldn't Hindus be allowed the same?

"This nameplate is not a communal issue...it is just that if you go on a pilgrimage, you must know where the sauce of what you are purchasing is coming from, she told ANI. The BJP also claimed that it gives fasting Hindus a choice should they want to eat at a pure-vegetarian restaurant where the likelihood of them being served 'satvik' food is higher.