Bombay High Court Urges BMC to Develop Policy for Unlicensed Street Vendors

The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) to consider framing a policy to regulate mobile street vendors in designated areas of Mumbai. The court's directive comes as part of efforts to address the issue of unlicensed hawking in the city, which has raised concerns about pedestrian safety and encroachment on public spaces.

During the proceedings, the court acknowledged that not all street vendors deal with smuggled or contraband goods and that many are trying to earn an honest living. However, the court emphasized the need to strike a balance between accommodating vendors and ensuring the rights of pedestrians, vehicle owners, and other users of public spaces.

The court suggested that the BMC explore the concept of mobile vendors with fixed days and hours for vending in designated localities. This approach, similar to policies adopted in cities like London and New York, could prevent the permanent occupation of public spaces while still providing opportunities for vendors to conduct their business.

The court instructed the BMC to classify permissible goods for mobile vendors and determine appropriate vending timings based on the needs of different neighborhoods. It also advised the development of a dual-purpose scheme that keeps areas free of encroachment yet accommodates vendors.

Why this matters: The court's directive highlights the ongoing challenge of balancing the livelihoods of street vendors with the need to maintain safe and accessible public spaces in Mumbai. The development of a comprehensive policy for mobile hawkers could serve as a model for other cities contending with similar issues.

The court acknowledged the existence of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, but noted the lack of its implementation. It emphasized the need to protect the fundamental rights of pedestrians while also considering the livelihoods of non-licensed street vendors.

The BMC was asked to continue its routine action against hawkers while framing the new policy, which will be further discussed in court on June 24, 2024. The court's directives aim to address the safety concerns posed by illegal hawkers encroaching on footpaths, which force pedestrians to walk on carriageways and put them at risk of collisions with vehicles.

Key Takeaways

• Bombay HC directs BMC to frame policy for regulating mobile street vendors.
• Policy aims to balance vendors' livelihoods and pedestrian safety in public spaces.
• Concept of mobile vendors with fixed days/hours in designated areas suggested.
• BMC to classify permissible goods and determine appropriate vending timings.
• Court emphasizes need to protect pedestrians' rights while considering unlicensed vendors.