HC tells state, BMC to issue ID cards to authorised hawkers

While the state told the court that such actions may be feasible in non-hawking zones, the real challenge lies in hawking zones where both licensed and illegal hawkers operate side by side

MUMBAI: The Bombay High Court on Wednesday directed the Brihanmumbai Municipal Corporation (BMC) and the Maharashtra government to print identification cards for authorised hawkers, saying funds should be allocated for a process that was for the “convenience of the common man”.

Mumbai, India- Feb 29, 2024: Hawkers on the footpath outside Dadar station area, in Mumbai, India, on Thursday, February 29, 2024. (Photo by Bhushan Koyande/HT Photo)

While the state told the court that such actions may be feasible in non-hawking zones, the real challenge lies in hawking zones where both licensed and illegal hawkers operate side by side. However, a division bench of justices Ajay Gadkari and Kamal Khata noted that the only effective way to distinguish between authorised and illegal hawkers is through a clear identification mechanism.

“You, being the state of Maharashtra, you are spending so much money on several schemes, but for the comfort of common men’s lives, can’t you take out some funds for printing one lakh ID cards?” the court asked the government, while emphasising the need for a systemic solution.

The bench further ordered the authorities to make elaborate provisions to ensure action is taken against hawkers using fake ID cards. It then posted the matter for further hearing on June 10, after the BMC sought two months to take concrete steps to tackle the illegal hawker menace in the city.

On Tuesday, the bench had flagged administrative chaos and suggested introducing a QR code-based identification for hawkers to bring transparency to the process. It also questioned the BMC on what it had done so far to identify illegal hawkers, especially alleged Bangladeshi nationals, and on the steps taken to remove and repatriate the illegal migrants.

The court is hearing a bunch of petitions, including one by the Goregaon Merchants Association, representing around 1,200 shopkeepers, alleging that authorities have failed to enforce street-vending laws and ensure free pedestrian movement. The petition also highlighted the “prevailing lawlessness and rampant hooliganism”, particularly outside the Goregaon West railway station and adjoining areas, including the Aarey Road junction.

In March, the court had directed the BMC and the Mumbai police to conduct a thorough verification of all hawkers and their helpers across the city to identify them, including alleged Bangladeshis or non-Indian nationals, and to take appropriate action against the illegal ones.