HAWKERS: NO ENTRY

No hawker can assert that it is his “right” to carry out vending business on the streets of the city, says Bombay High Court

We may soon see less congested roads, market places and also railway stations, since there won’t be any more hawkers. On Wednesday, the Bombay High Court gave a significant ruling wherein it has prohibited hawkers from conducting their vending business in ‘non-hawking’ zones.

The court also ruled that no hawker can assert that it is their “right” to carry out vending business on the streets of the city.

A division bench of Justice Bhushan Gavai and Justice Makarand Karnik said, “We hold that no hawking can be permitted in no-hawking zones. Also, we cannot accept the contention of the hawkers that since there are no notified non-hawking zones in various cities, so they can carry out their business.”

The judges also imposed certain conditions on hawkers, who have thus far congested entry points at all suburban railway stations, market places, educational institutes and even religious places.

Imposing the conditions, the judges said, “No hawking would be permitted within 100 metres of any place of worship, holy shrine, educational institution and hospital. Similarly, no hawking would be permitted within 150 metres of any municipal or other market, or the entry point of a railway station.”

“Let us also clarify that there would no hawking at all on foot over bridges and overbridges. It is also clarified that outside places of worship, hawkers can only be permitted to sell items which are required by the devotees for

making an offering to their deity – such as flowers, sandalwood, candles, agarbattis, coconuts etc,” the judges added.

As far as Mumbai is concerned, judges clarified that unless BMC notifies hawking and non-hawking zones, the hawkers would only be permitted to carry out their business on the 236 roads that were identified way back in 2009.

The judges were hearing a batch of petitions filed by various hawkers unions seeking directions to restrain all Municipal Commissioners and Chief Officers and local authorities across Maharashtra from evicting, imposing fines and harassing the existing street vendors (identified since May 2014) from carrying their business.

The hawkers unions had contended that the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, was enacted to recognize rights of street vendors as a source of self-employment. They had also claimed that the Act enables majority of population to buy goods at affordable prices at convenient vending places.