No protective orders for hawkers: Bombay HC

Despite crackdowns, hawkers have returned to SV and LT roads in Borivli West. Pic/Nimesh Dave

The Bombay High Court has taken a firm stance on the issue of hawkers in the city. During a hearing on a suo motu petition addressing the problem of illegal hawking, the division bench, comprising Justice S M Sonak and Justice Kamal Khata, made it clear that no protective orders would be granted in favour of hawkers. While specifically refusing protection, the bench also discussed potential solutions."

BMC removes illegal street hawkers from Crawford Market on July 29. Pic/Ashish Raje

The court also discussed potential solutions, suggesting, "Condition some other places. Let there be some more areas and see if a model can be applicable to curb (illegal) hawking. We are looking into the larger issue right now."

During the hearing, the lawyer representing the BMC referenced a Supreme Court decision related to the Town Vending Committee elections. He argued that without the formal establishment of this committee, neither the BMC nor the state government can develop a comprehensive scheme to regulate hawking.

Justice Khata raised concerns about the enforcement of rules against hawkers, pointing out, "A shopkeeper goes to the BMC and complains about hawkers blocking his shop; the BMC and police have to take action. What is the citizen to do if no action is taken?" This remark highlighted the frustration of shop owners dealing with the daily disruption caused by hawkers encroaching on footpaths and shopfronts.

Hawkers at St John Baptist Road junction, Bandra, on March 9. Pic/Shadab Khan

Petitioners echoed these concerns, stating that despite multiple complaints, neither the BMC nor the police have adequately addressed the issue of illegal hawkers. In response, the BMC's counsel asserted that the civic body was actively seizing goods and monitoring areas with high levels of hawking activity.

The court acknowledged that although the Town Vending Committee elections had been conducted as per its previous order, the results had yet to be declared due to a stay by the Supreme Court. This delay, the BMC indicated, would prevent the finalisation of a regulatory scheme by the previously set deadline of September 20.

Plea for a task force to combat illegal hawking

A petitioner proposed the formation of a task force to address illegal hawking. The petitioner sought a direction from the court to establish a task force for lodging complaints would be immensely beneficial. "The task force would focus on action against illegal hawking activities, responding to citizens' complaints within 30 minutes." In response, Justice Sonak said, "If we issue multiple directions, they (BMC and state) will do nothing, and it will only create more chaos for us (court)." The bench said it will address this issue step by step, focusing on the broader goal of curbing illegal hawking.