Bombay High Court Upholds Fundamental Rights of Hawkers: No Summary Eviction Without Due Process

In a landmark judgment that has significant implications for urban street vendors across Mumbai, the Bombay High Court has unequivocally declared that even hawkers operating without formal licenses possess fundamental civil rights and cannot be subjected to summary eviction. This powerful ruling underscores the principle of due process, mandating that municipal authorities must adhere to proper legal procedures, including providing notice and an opportunity for a hearing, before taking any action against hawkers.

The division bench, comprising Justices Gautam Patel and Kamal Khata, delivered this crucial verdict while addressing a petition filed by a hawker whose stall had been demolished by the Brihanmumbai Municipal Corporation (BMC).

The court’s decision is a resounding affirmation of the right to livelihood, emphasizing that the BMC’s often arbitrary and immediate actions can plunge hawkers into severe financial distress, stripping them of their sole means of income.

Highlighting the deep-seated challenges faced by this vulnerable demographic, the court observed that the number of hawkers in cities like Mumbai far exceeds the officially designated hawking zones.

Despite this disparity, the judgment firmly stated that mere lack of a license does not strip an individual of their basic human and civil rights. The court stressed that while public spaces need to be regulated, such regulation must be balanced with the constitutional rights of citizens to earn a living.

The ruling effectively curtails the BMC’s long-standing practice of direct and often forceful eviction, which frequently leads to clashes and the destruction of livelihoods.

It insists on a more humane and legally sound approach, compelling the civic body to issue notices and conduct hearings, thereby allowing hawkers a fair chance to present their case. This procedure ensures transparency and prevents unilateral, unchecked power from being exercised against marginalized groups.

Furthermore, the High Court reiterated the critical need for the implementation of the 2014 hawking policy, a comprehensive framework designed to regulate street vending.

A key component of this policy is the constitution of a Town Vending Committee (TVC), which is tasked with identifying and demarcating hawking zones, registering hawkers, and overseeing their operations in a structured manner. The court’s insistence on the TVC’s formation and functioning aims to bring order and equity to street vending, ensuring that both the rights of hawkers and the needs of urban planning are met.

This judgment is more than just a legal victory; it is a significant step towards recognizing the invaluable contribution of street vendors to the urban economy and society.

It calls for a paradigm shift in how cities manage their street trade, moving from an adversarial stance to one of regulation grounded in human dignity and rights. By upholding the principles of natural justice, the Bombay High Court has paved the way for a more inclusive and just urban environment for Mumbai’s countless hawkers.