QR mandate of eateries doesn’t require disclosing religious identity: UP govt to SC
A bench of justices MM Sundresh and NK Singh had last week issued notice to the states of UP and Uttarakhand giving them time to respond to the applications
The Uttar Pradesh government has denied allegations of religious profiling of eatery owners through its controversial decision to make QR code compulsory for shops selling food items under challenge before the Supreme Court.
In an affidavit before the top court, the state clarified that the order issued by the commissioner, Food Safety and Drug Administration (FSDA) is applicable across the state and is part of a series of orders to publicise the use of a Food Safety Connect Mobile App - a country-wide application initiated by the central government.
The state said, “The directive mandating QR coding of eateries in the state does not require disclosure of religious identity… The petitioner in the captioned applications has made a vague and unsubstantiated allegation that eateries along the Kanwar Route have been required to display QR codes linked to the Food Safety Connect App that would allegedly reveal the names and religious/ caste identity of owners.”
The state clarified that the QR code only allows a user to download the app.
“Therefore, any presumption that such QR codes are being used by the state for targeted religion profiling is factually incorrect and merits immediate dismissal with exemplary costs,” it added.
Also Read: Six kanwariyas killed in road mishaps in UP
The state was responding to separate applications filed by Trinamool Congress (TMC) MP Mahua Moitra and professor Apurvanand Jha challenging orders passed in June and July this year asking eatery owners to display QR codes disclosing their identity.
The application said that the present orders “circumvented” a stay order issued by the Supreme Court on July 22, 2024 which restrained state from forcing eatery owners along Kanwar Yatra route to disclose their identities.
The state response denied the allegations and said, “No directive has been issued either by the state government or any authority under the Food Safety and Standards Act, 2006 requiring disclosure of religious identity, nor was there any coercive action taken by the state against any shopkeeper or food business operator (FBO) on the basis of such identity. The orders of the FSDA only mandate the requirements of the regulations, and nothing beyond that.”
A bench of justices MM Sundresh and NK Singh had last week issued notice to the states of UP and Uttarakhand giving them time to respond to the applications.
Terming the allegations as “without basis” and aimed to malign a nationwide, central government- backed public health initiative, the state questioned why it was being selectively targeted when the QR code requirement is to be rolled out across the country.
The state further denied that the QR code order goes contrary to the top court’s last year direction staying the mandatory display of names and identities of eatery owners along Kanwar route. It suggested that last year’s order was issued by the police to which the court had objected. It, however, permitted the authority under Food Safety and Standards Act to issue orders in the interest of ensuring food quality.
The state said that the present order is issued by the FSDA commissioner and the first order was issued in September last year followed by another order earlier this month. “Thus, there is no link with the Kanwar Yatra per se,” it said.
Pointing to the license requirements governing FBOs contained in Food Safety Regulations 2011, the state added that all FBOs are required to display their license and/or Photo ID, containing the name of the shop owner.
