Bombay HC Pushes BMC to Act Against Hawkers
The Brihanmumbai Municipal Corporation (BMC) is significantly revising its hawker policy, a move prompted by increasing pressure from the Bombay High Court. Following a hearing on February 7, where the court questioned the eligibility of only 32,000 hawkers out of 100,000 applicants, the BMC has acknowledged the need to expand its scope. The number of eligible hawkers is set to increase from 32,415 to 77,000, bringing a substantial shift in the administration of hawking activities across Mumbai.
In addition to increasing the eligible vendor count, the civic body is re-evaluating 222 roads designated as hawking zones in 2017, a decision originating from a Supreme Court ruling. Several of these roads have since been obstructed due to ongoing metro and infrastructure projects. As a result, the number of hawking zones may now be reduced, particularly in areas impacted by such developments. A key aspect of this overhaul is the strict measures being implemented near railway stations. The BMC plans to remove all hawkers within a 150-meter radius of any station, a decision that will have a significant impact on the daily activities of numerous street vendors. To enforce this rule, special enforcement squads will be deployed, with designated staff for each station. These squads will operate under clear directives to ensure that hawkers comply with the new rules and vacate the designated areas.
To better manage and regulate this extensive operation, the BMC is also gathering data on hawkers who currently occupy railway station areas. This data collection will enable the authorities to set specific deadlines for hawkers to vacate the areas. As part of the enforcement effort, more staff will be appointed to monitor encroachments and ensure adherence to the new policy. Current regulations stipulate that hawkers must meet four criteria to be eligible to operate legally they must hold a domicile certificate, be over 14 years old, have no alternative source of income, and be Indian citizens. Many vendors had previously been excluded from the list for failing to meet these criteria. The High Court had questioned the validity of excluding so many hawkers, particularly when it had ruled that all hawkers must possess a domicile certificate. The BMC is set to submit documents showing that 77,000 hawkers failed to provide the required proof, including domicile certificates, to the court.
Additionally, vendors who had received fines before 2014 could use these penalties as proof of legality. The High Court’s previous injunction, which had temporarily halted the removal of unauthorised hawkers, will remain in place until the next hearing on February 24. This injunction is expected to have a crucial impact on the upcoming enforcement actions, as it allows the civic body more time to finalise its plans. The BMC’s updated hawker policy, in response to judicial pressure, signals a more stringent approach to regulating hawking activities, especially around critical areas such as railway stations. With a focus on compliance and enforcement, the civic body aims to address the growing concerns of unauthorised vending while striving to maintain order in key public spaces.
