The Bombay High Court has instructed the Brihanmumbai Municipal Corporation (BMC) to formulate a comprehensive policy aimed at facilitating mobile street vendors in Mumbai.
This move comes in response to a suo motu public interest litigation addressing the issue of unlicensed hawking obstructing public accessways and footpaths across the city. Citing examples from prominent global cities like London and New York, the court underscored the benefits of implementing a policy for mobile vendors, emphasising the importance of preventing the permanent occupation of public spaces while providing opportunities for legitimate vending activities. The proposed policy is envisioned to regulate street vending by classifying permissible goods for mobile vendors and establishing designated vending timings tailored to the needs of different neighbourhoods. While acknowledging the existence of a policy framework under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, the court expressed disappointment over the lack of effective implementation. It urged the BMC to take proactive steps in classifying permissible goods and determining vending timings, aligning with the objectives outlined in the Act.
Furthermore, the court highlighted the necessity for a dual-purpose scheme that balances the preservation of public spaces with the accommodation of street vendors. This localised approach recognises the unique characteristics of each area, ensuring that regulatory measures are tailored to suit specific community needs. Emphasising pedestrian safety as a primary concern, the court reiterated the imperative of preventing unauthorised occupation of footpaths and roads by unlicensed hawkers. By advocating for a policy that promotes orderly street vending within designated areas and time slots, the court aims to strike a delicate balance between regulatory enforcement and livelihood support for mobile vendors. As the BMC embarks on the task of drafting a comprehensive policy for itinerant vendors, the court’s directive underscores the importance of proactive governance in addressing urban challenges and fostering inclusive economic opportunities for all stakeholders involved in street vending activities.
