State gets rap for violating hawkers’ right to livelihood
Hawkers and street vendors approached the Nagpur bench of the Bombay High Court, challenging their eviction from the streets. Slamming the state authorities for violating their right to earn a livelihood, the court this week ordered the Maharashtra government to constitute town vending committees for all municipal corporations at the earliest.
A bench of Justices Sunil Shukre and Anil Kilor was hearing a plea filed by Bhaji Va Fal Mutton, Chicken, Macchi, Chaha, Pan Che Vikreta Footpath Dukandar Sanstha, Jaripatka, Nagpur, challenging their eviction. They claimed the authorities in Jaripatka have not conducted any survey of street vendors and have not cared to protect them against illegal eviction.
The petitioners further pointed out that the authorities have failed to properly implement the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, which mandates constitution of a town vending committee, that would identify eligible vendors and hawkers and permit them to carry on with their business in designated market places.
The counsel appearing for the Nagpur municipal corporation, however, clarified that unless such committees are constituted, the issue of hawkers won't be resolved. He stated that a proposal to constitute such committees has been made by the civic body to the state government but a decision on the same is yet to be taken.
The bench, having heard the contentions, referred to the various provisions of the 2014 Act and also the renewed Act of 2016 and noted the law mandates constitution of such committees within six months of the law being brought in force.
"It is clear from the provisions that unless and until the town vending committee is constituted and duly notified, it would not be possible for the state as well as local authorities to effectively implement the provisions of the Act of 2014. The mandate of law is to implement it as soon as possible and in any case within six months from the date of coming into force of the renewed act of 2016," the judges noted.