The Supreme Court on Tuesday declined to stay the Uttar Pradesh government’s directive mandating QR code displays in restaurants along the Kanwar Yatra route, citing the need to respect the sentiments of devotees while ensuring compliance with food safety laws. The court instead instructed restaurant owners to visibly display their FSSAI license and registration certificates, as required under the Food Safety and Standards Act. The matter, triggered by petitions from TMC MP Mahua Moitra and academic Apoorvanand Jha, who claimed the directive promoted religious profiling, was adjourned for two weeks to allow time for compliance. The court refrained from commenting on the legality of the QR code mandate itself, saying the issue could be raised separately, especially as the Yatra was nearing its conclusion.
Moitra and Jha argued that QR coding was neither permitted by existing FSSAI rules nor constitutionally valid, referencing a 2024 SC order that stayed a similar UP Police mandate. They contended that this new requirement is a veiled attempt to circumvent that ruling and promote identity-based discrimination, particularly against minority communities. Senior advocate Abhishek Manu Singhvi described the order as an attempt to alienate certain groups by linking food choice to the religious identity of the restaurant owners. He emphasized that during the Yatra, all eateries serve vegetarian food and should be judged by their menu, not ownership. Singhvi warned of its divisive effects, while the state government, represented by senior advocate Mukul Rohatgi, defended the move as a food safety and consumer rights measure, citing last year’s violence over food practices as justification.
The court emphasized that while food hygiene and safety standards must be upheld, livelihood and constitutional freedoms should not be undermined. It stated that customers must be allowed to make informed choices—especially during religious pilgrimages where dietary preferences are critical. “The consumer is the king,” the bench said, underscoring that information about whether a restaurant had previously served non-vegetarian food may influence patronage. However, the justices also made clear they were not endorsing the mandatory sharing of owners’ names via QR codes, maintaining a delicate balance between law and religious sentiment. The court reiterated that shop owners’ rights and consumer awareness must coexist, leaving the door open for future legal challenges on the constitutional grounds raised by the petitioners.
