PIL In Allahabad HC Against Varanasi Municipal Corporation’s Order To Close Non-Veg Shops Along ‘Kanwar’ Route

A Public Interest Litigation (PIL) plea has been moved before the Allahabad High Court challenging the directive of the Varanasi Municipal Corporation to close down all meat and poultry shops along the Kanwar Yatra route for the entire month of ‘Saawan’.

The National Loktantrik Party, through its National President (Executive) Mohammad Suhail, has moved the PIL plea to quash the impugned directive (of July 19, 2024) issued by the Varanasi Municipal Corporation and declare it unconstitutional and invalid.

The PIL petitioner has contended that the directive not only violates the Fundamental freedom to carry on any occupation, trade or business guaranteed under Article 19(1)(g) but also breaches the Fundamental right to life with dignity and personal liberty as guaranteed under Article 21 of the Indian Constitution.

“…the closure of the meat and poultry shops, especially on the occasion of Sawan or any other Hindu festival, tends to be arbitrary in nature and violative of Fundamental Rights guaranteed under the Constitution of India,” the PIL plea argues.

The PIL plea further states that the practice of Kanwar Yatra in ‘Sawaan’ is an age-old practice, and the meat shops have also existed since then. Therefore, passing such directives by the present authorities is trying to create an exclusion by identity.

The PIL plea also contends that the directive will directly impact the livelihood of the shopkeepers as the earnings from such shops are the means of livelihood for the shop owners, and closing a business on the grounds of selling non-vegetarian items is unreasonable.

It also adds that the directive violates their fundamental right to carry on their trade or business and creates unlawful discrimination without sufficient cause as to why the meat shops were only chosen to be closed.

Against this backdrop, the petitioners have prayed for a writ of mandamus directing the respondents to compensate shopkeepers and owners for the financial losses incurred during Saavan due to the closure order.

The PIL plea also seeks guidelines for operating meat and poultry shops during Saavan and other Hindu festivals, ensuring the balance of religious sentiments and business interests within the Varanasi Municipal Corporation’s jurisdiction.

It may be noted that the Supreme Court on July 22 stayed the directions issued by the Uttar Pradesh and Uttarakhand governments requiring eateries along the Kanwar Yatra route to display the names of the owners and staff outside the shops.

The Kanwar Yatra is an annual pilgrimage undertaken by Shiva devotees known as Kanwarias or “Bhole.” During it, they travel to key Hindu pilgrimage sites such as Haridwar, Gaumukh, and Gangotri in Uttarakhand and Ajgaibinath in Sultanganj, Bhagalpur, Bihar, to fetch holy water from the Ganges River.

On July 17, 2024, the Senior Superintendent of Police, Muzaffarnagar, issued a directive requiring all eateries along the Kanwar route to display the owners’ names. This direction was extended statewide on July 19, 2024.

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