Today(on 25th April),Bombay High Court tackles unauthorized hawkers on Mumbai’s footpaths and roads, emphasizing pedestrians’ rights to safe access. The court suggests exploring pop-up markets or mobile vending as solutions.
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MUMBAI: Today(on 25th April),The Bombay High Court has addressed the issue of unauthorized hawkers taking over footpaths and public roads in Mumbai. The court has emphasized that such encroachments cannot be allowed to permanently disrupt the rights of pedestrians to free and safe footpaths. To tackle this problem, the court has suggested the exploration of alternative concepts such as pop-up markets or mobile vending.
The division bench of Justices Gautam Patel and Kamal, in an order dated April 16, expressed concerns about the violation of constitutional rights and the need to determine who the city belongs to. The court had taken suo motu cognizance of the issue last year and is now emphasizing the importance of resolving the matter promptly.
The court firmly stated-
“We cannot permit unlicensed vending to permanently occupy public footpaths and roads.”
It further pointed out that such encroachments would create conflicts within the constitutional provisions of Article 21, which guarantees the right to life, and Article 14, which ensures equality before the law.
The court highlighted the inconceivability of unlicensed street vendors claiming permanency on public streets, as this would infringe upon the constitutional rights of pedestrians and other law-abiding citizens.
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The bench firmly stated-
“We fail to see how an unlicensed vendor’s claim to the Article 19 right to livelihood on a public space can equate to a right to the land, especially at the expense of other users of that public space.”
While acknowledging the right to livelihood, the court emphasized that it can be regulated according to the law.
It firmly stated-
“When an unlicensed street vendor seeks permanency and demands protection against eviction from a public space, it essentially advocates for the deprivation of fundamental rights that are equally entitled to other users of that public space.”
The court stressed that it is inconceivable for anyone to claim occupation of public land and resist removal. In light of these considerations, the court proposed a fresh approach that gives weight to the concept of “mobile vendors” or a “pop-up market.” This approach would allow street vendors to sell their goods at specific locations and specific times, subject to strict monitoring, control, and supervision.
The court emphasized that a designated hawking zone can provide permanency for space utilization and demarcation, whereas a mobile vending zone is by nature temporary and can move from place to place along with the licensed vendors. The court highlighted the need for the Brihanmumbai Municipal Corporation (BMC) to consider this approach, as it would enable the identification of suitable locations, timings, and vendors on a ward-to-ward basis.
Senior counsel S U Kamdar, representing the BMC, acknowledged the constant struggle of dealing with illegal and unauthorized hawkers who often return after being removed. The court recognized the valuable goods and services provided by many street vendors and suggested that licensing should not be the sole criterion for permitting them to sell their goods. Instead, the court proposed allowing these vendors to operate at specific locations during set times.
The court urged the BMC to develop a protocol that facilitates temporary street vending or mobile vending, taking into account the unique requirements of different parts of the city. It emphasized that the rights of pedestrians to use footpaths should not be compromised, as the presence of unlicensed hawkers forces pedestrians to walk on the roads, leading to potential hazards.
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Additionally, the court called for the creation and maintenance of a comprehensive database to monitor all street vending licenses effectively. This database would streamline the process and aid in the regulation of street vending activities.
The court scheduled the next hearing for June 24.
