They took over our city 30 years ago

The problem of the burgeoning number of hawkers in the city is not new. Albeit complex, the issue has been allowed to fester over three decades. Thus, a holistic solution remains out of sight.

In 1985, the Mumbai Hawkers Association (MHU) filed a petition against the Brihanmumbai Municipal Corporation (BMC) in the Bombay High Court, seeking clarity on whether they have a legal right to hawk in the city. The matter went up to the Supreme Court (SC) which observed that there must be hawking and non-hawking zones marked out in the city.

"The court also said that hawkers do not have a fundamental right to carry out their business on footpaths as pedestrians have a right to walk there," said advocate Jamshed Mistry, who appeared on behalf of the Ramdas Nayak Marg Retail Merchants Association.

Soon after the civic body began the demarcation exercise, around 40 petitions were filed by various unions, residents' associations and traders. "It was then decided that hawkers would not be permitted within an area of 150 metres from railway stations, schools, hospitals and religious places. However, one hawker's group Maharashtra Ekta Association managed to secure a stay from the Supreme Court," added Mistry.

The National Hawkers Policy was in place in 2007, and in 2014, the Central Government enacted the Street Vendors (Protection Of Livelihood And Regulation Of Street Vending) Act. As per the Act, the local body should form a Town Vending Committee (TVC) which is supposed to identify street vendors, issue certificates, identify sites for hawking, and regulate timings, among other tasks.

A senior official from the BMC's Removal of Encroachments (RE) department said, "The BMC has already sent a list of representatives as members of the TVC to the urban development (UD) department of the state government a month ago, and is now waiting for approval." Manisha Patankar Mhaiskar, principal secretary, UD II (Special Projects) told DNA that they have received TVC proposal from the BMC last week, and now the state government is processing it.

CLEARING AREAS OUTSIDE SCHOOLS, HOSPS

Last week, the BMC started the demarcation of 150 metres outside all railway stations, making them no-hawking zones. Now, the civic body will remove hawkers from outside schools, hospitals, government offices and religious places. As per the HC's decision, no hawkers are allowed in 100-metre area of these places. The BMC's RE department is expected to submit a plan of action for the removal of hawkers outside government schools and hospitals to the Municipal Commissioner next week.

NUMBER AT WORK

3 lakh Number of hawkers in the city as per unions

18,000 Licensed hawkers

2014 Last survey of hawkers

Rs 100 Amount charged for license

EXPERT SPEAK

The BMC should first frame the policy before evicting hawkers. Why should hawkers be punished because there is a delay from the BMC in forming the Town Vending Committee which is supposed to do the survey and designate a hawkers' zone to them?

—Shanshank Rao, President, Maharashtra Hawkers Union

After a long fight, the policy has been framed for hawkers in the city. But it's very unfortunate that the authority has been delaying its implementation. Why does the local body or state government wait for the court to intervene again and again?

—Jamshed Mistry, Advocate, Ramdas Nayak Marg Retail Merchants Association

AUTHORITIES HAVE FAILED, SAY RESIDENTS

The authorities have failed to regulate hawkers in the city and a solution is long overdue. Hawkers are causing a huge problem for daily pedestrians and motorists. Several places all over the city have been overtaken and encroached by them. It was clear from the recent tragedy at Elphinstone Road station that they are a fatal disturbance. The court was right in rejecting the Congress president's plea along with the hawker union's to implement a hawking policy — that the policy is not implementable.
—Anil Joseph, Bandra

The authorities have certainly failed to regulate an executable policy for hawkers in the city. Moreover they have even failed to implement existing policies for hawkers. A permanent solution was drafted for implementation by the previous government but it is still caught in delays due to red tape bureaucracy of the present government. It is impossible that they will regulate hawkers in the city as a section of the authorities have vested interests in the menace.
—Vijay Kanojia, Byculla

The citizens are suffering while political parties treat the hawkers as mere vote banks. The problem is envisaged more as a political agenda than a civic concern. The government has been ineffective in resolving the hawkers' issue in the city. It has failed to eliminate the illicit activities of hawkers and address the concerns of civilians.
—Aniket M Salvi, Vile Parle

We cannot blame the civic body entirely for the hawkers' menace. The common man who gets affected by the hawkers should also work to spread awareness among themselves by discouraging the purchase of items from illegal hawkers. Though legally the BMC has failed to take action against the hawkers, it is high time that a permanent solution is worked out to free up space for pedestrians and vehicles outside railway stations.
—Preeti Chavan, Kandivli

The concerned authorities have certainly failed to manage the hawkers' menace that has mushroomed across the city over the years. There have to be designated markets and zones where these hawkers can sell their wares. That is the only way to control them and make sure pedestrians have access to space. This has to be implemented without wasting time as these measures have been long overdue.
—Aakash Sarawal, Matunga

The authorities as well as political parties have failed to regulate the increasing number of hawkers in the city. I stay in Borivli and the hawkers have just multiplied with each year. They are mostly situated outside the railway station. Giving them a designated spot is a development in the right direction as when they sit on the footpath, it creates several problems for pedestrians.
—Viraj Mamania, Borivli

The authorities have failed in containing the menace, turning a blind eye to illegal hawkers. Instead of cracking the whip on hawkers, the police and BMC take 'hafta' from hawkers and allowing them to run their stalls. There is no solution to this unless the authorities themselves stop getting involved in such illegitimate businesses.
—Ralph Long, Colaba