Right To Food: Is Eating What The State Says A Religious Freedom Issue?
(ANALYSIS) Palitana is a municipal town with a population of less than 100,000 in Bhavnagar district, Gujarat, a western state of India. It became the first town in the world where nonvegetarian food is banned, making the selling, cooking and eating of fish, meat and eggs a punishable offense.
This decision was made in deference to the wishes of Jains, who follow Jainism, a religion founded by Vardhamana Mahavira in the sixth century B.C.E. “Ahimsa,” or nonviolence, is a cardinal principle of Jainism, which prohibits even eating root vegetables like onions and potatoes for fear of harming microorganisms.
In 2014, about 200 Jain monks went on a fast to demand the closure of nearly 250 shops selling nonvegetarian food items. Their agitation bore fruit when, in July of that year, the government, which promotes vegetarianism, took this momentous decision. However, this decision does not address the concerns of those who made a living by selling fish and meat.
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Palitana is unique for its 800 or so intricately carved Jain temples built over 900 years at the Shatrunjaya Hills. Tens of thousands of Jain pilgrims from all over the world visit the town, where 3,500 steps must be climbed to reach the peak. Given Palitana’s religious character, many may find the ban acceptable. However, it strikes at the root of the freedom that the Indian Constitution grants to all citizens to eat and sell any food of their choice, subject to reasonable restrictions based on hygiene.
Worryingly, the ban on nonvegetarian food is being enforced in more and more towns. In Kurukshetra, in the North Indian state of Haryana, where the epic battle described in the Mahabharata is believed to have occurred, an informal ban on such food has been in place for decades.
The most sacred text for Hindus, who make up about 80% of India’s population, is the Bhagavad Gita, part of the Mahabharata. It is a discourse on dharma, a code of proper conduct, given by Krishna, an incarnation of one of the Hindu Triumvirate, to Arjun, the great warrior who initially showed reluctance to fight his kin and elders.
However, the slaughter of even chickens is banned in Kurukshetra, where in the 18-day legendary war, two million soldiers died, and only 10 survived. Forget meat — even an omelette can only be obtained secretly. This is despite the fact that a majority of the population, including large sections of Hindus, are not vegetarian.
Illegal bans on nonvegetarian food are increasingly being introduced in towns that attract Hindu pilgrims, like Ujjain in Madhya Pradesh, Ayodhya in Uttar Pradesh and Haridwar in Uttarakhand. Since they are perceived as a manifestation of tradition and culture, they are difficult to challenge in a court of law.
Taking its cue from such practices, the Uttar Pradesh government recently ordered all eateries and shops on the route to Haridwar — where Hindu pilgrims gather in large numbers to collect Ganga water to be offered to Shiva, the god of destruction, during the month of Shravan (July-August) — to display the names of their owners and employees.
This has a sinister purpose: to identify Muslim shop owners and prevent Kanwarias (Hindu pilgrims) from patronizing their establishments. Businessmen on these routes see increased turnover during the Shravan month.
This is against the right to equality guaranteed by the constitution to all its citizens. This is precisely why the Supreme Court, which heard the case, stayed the notification until further orders.
The verdict came late as police officers in places like Muzaffarnagar in Uttar Pradesh had forced Muslim shopkeepers to announce the names of their owners.
For instance, Vakeel Ahmed ran a teashop named Tea Lovers’ Point. He was forced to change the name to Vakeel Sahab (Sir) Tea Stall, which cost him 1,200 Indian rupees (about $15). The policemen were still not satisfied as his religious identity was not clear. Finally, he had to name it Vakeel Ahmed Tea Stall, costing him 3,500 rupees ($40), a substantial sum for him.
Reports have surfaced that shopkeepers have been forced by the police to get rid of their Muslim employees. Some overzealous shopkeepers, happy about the lack of competition from Muslim counterparts, have started displaying not only the names of their employees but also their National Identity Card numbers.
In a country where religion-based riots are common, Muslims fear that the signboards will help rioters identify and target their establishments.
All this negates the lofty principles of equality, religious freedom and the right to practice any religion of one's choice that the Indian Constitution guarantees.
AJ Philip is a senior New Delhi-based journalist. ajphilip@gmail.com.