Mumbai: Bombay HC on Thursday questioned if fundamental rights are only for hawkers and not for citizens, even as it said BMC must continue taking action against illegal hawkers. “Remove them (illegal hawkers). Does the common man walking on the street have no fundamental rights? Are fundamental rights only for hawkers?” asked a bench of Justices Ajay Gadkari and Kamal Khata, while hearing a suo motu petition to “ensure encroachments on public access ways and footpaths do not occur”.
The judges said they would hear in Jan petitions by hawker unions regarding town vending committee (TVC) elections and other issues. However, their advocates urged an urgent hearing, saying only after the TVC issues certificates can they sell their wares. Also, their clients have been hawking for many years and were issued licences, said the advocates. HC said that did not give them a right to vending and asked if those were licences in perpetuity. It added that such hawkers must “stop doing business till petitions are decided”. “You have fundamental rights; the common man also has fundamental rights,” said Justice Gadkari.
Senior advocate Janak Dwarkadas, for Bombay Bar Association, said the road outside Mulla House and Yusuf Building near Flora Fountain, a no-hawking zone, is “totally infested with hawkers on both sides”. He said after HC’s Oct 23 order, in which BMC was rapped for not controlling hawkers, there is “suddenly mushrooming of stickers on walls and pillars suggesting as if some licence is granted”.
HC was shown photographs of hawkers on footpaths and streets. It took note of a police chowky nearby.
Senior advocate Anil Singh said BMC is removing hawkers, but ultimately police have to protect the site. Govt pleader Poornima Kantharia said, “Beat marshals are there the whole day.” “So are the hawkers. How are they coming back? Are they (police) helpless?” asked Justice Gadkari.
The judges said the state has to implement the law or “you must tell you are unable to maintain law and order”. Kantharia said as hawkers showed licences, police did not take action against them. “Whether they are valid or not, police are not aware,” she said. She assured the court, “Police would extend full cooperation to BMC for preventing illegal hawkers from conducting business at the site.” The judges asked Singh to verify if the licences are in existence and adjourned the hearing to Jan 15 for compliance.
Justice Khata said the hawker situation “in the [northern] suburbs is complete chaos”. Referring to Andheri, Malad and Kandivli stations, he said, “Name the station, it is difficult to walk. There is no street, only hawkers.”