Mumbai: Bombay HC Calls for Changes to Street Vendors Act in Effort to Address Unauthorized Hawkers

The problem of unauthorized hawkers in Mumbai is getting worse by the day. In the wake of a PIL filed in the Bombay High Court, the judge came down heavily on the civic body. A division bench of Justice Gautam Patel and Justice Kamal Khata suggested the BMC make some changes in the Street Vendors Act, observing that the hawker's license department has become only a source of income. 

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Two weeks after taking action against unauthorized hawkers outside Borivali station, the area was flooded with hawkers again. Even after taking action, the hawkers re-establish themselves. The bench also said that the Municipal body should find a permanent solution to the problem. 

Justice Patel expressed concern over the safety of pedestrians. "It's a big question. Illegal hawkers encroach on footpaths, forcing pedestrians to walk on the roads. There is only enough space left on the road for a motor car to pass. This puts pedestrians at risk of their lives," Justice Patel said. Apart from this, "there is also a problem of traffic congestion as pedestrians are forced to walk on the road. It also puts pressure on the transport system," Justice Kamal observed. 

"Public sidewalks and roads cannot be allowed to be fully occupied by permanent vendors. There is no objection to the already appointed Hawking Zone and licensed vendors. But our concern is about unlicensed vendors. They too are struggling to make ends meet. We cannot continue to take action against hawkers. We call them street vendors. But not all street vendors are the same. Not all street vendors sell banned items; some hawkers sell household items or food items like sandwiches," Justice Patel said.

Mobile market options
Justice Patel has suggested the option of mobile markets to the civic body. "There are mobile markets in many places around the world. Where such hawkers are given a certain space for a certain time. There they can sell their goods within a certain time. For instance, there is a road in South Mumbai that is declared a pedestrian area on Sundays and traffic is diverted to other routes. Many booksellers come and set up their stalls here and remove them at the end of the day so that the road starts as before on Monday. Similarly, a road like Marine Drive is used for citizens on Sunday mornings and people in the city visit the place for entertainment. But by noon, the road will be cleared and back to normal," Justice Patel said. 

Protecting the lives of citizens
Justice Patel suggested several changes to the Town Vending Committee Act and advised the BMC to formulate a parallel policy with its suggestions under the same Act. "The fundamental rights of pedestrians cannot be violated by vendors claiming land earmarked for citizens to walk. It is wrong to put civilian lives at risk. No-flight zones should be designated and hawkers should not be allowed in these zones. If found, the hawker should be removed immediately. An alternative policy should be developed under the same [Town Vending Committee] Act," the judge also suggested.