S. No.

S.C Order

3 member committee observations / remarks / reco

Suggestion / Response

Remarks / explanation

First Report dated 20-1-2005

1

The said order and the approach of the Honourable SC clearly indicate that the Honourable SC has been considering the problem of hawkers as a socio-economic problem in a sympathetic manner and has been having a humanitarian approach towards the hawkers.

Hence onus on hawkers to accept and follow the guidelines – and not openly flout them – else will be treated as law breakers

2

Many Asst. Commissioners have complained that they do not receive much cooperation from the concerned police station for removal of unauthorised hawkers and hawkers other than licensed hawkers from non-hawking zones and therefore effective removal action is not possible.

3

It appears that because of condition no. 3 (100 m and 150 m prohibited area), in Zone 1 and 2, majority of roads could not be approved as hawking zones.

4

Hawkers want to hawk at railway stations – but 150 m is prohibited, - it has become very difficult to implement the hawking / non-hawking scheme of the SC particularly because of very high resistance from the hawkers.

If hawking is to be permitted, then it is as per guidelines, and not as per wishes of hawkers – restriction for railway station is because of congestion in the areas

Action Taken reports – A ward – some pockets of a-ward are already cleared of hawkers and which have been manned by BMC staff every day for 24 hours with vehicles. However the moment the said BMC staff and police vehicle is removed, the hawkers come back on the same spot.

- The Action taken reports indicate the do-ability of the guidelines – while BMC is following in letter and spirit, the hawkers are openly flouting.

- 24 hour vigilance is required – this is not feasible

-  hence if guidelines are accepted by all parties, then stricter mechanisms to enforce them required

Number of NCs lodged against hawkers and false complaints / NC s lodged by hawkers – Human Rights Commission

- It is hence necessary to have in-built provisions in the law in order to check hawking, at least in important non-hawking zones with deterrent punishments

- hawking and non-hawking scheme needs to be made a cognizable and non-baliable offence – at least for important non-hawking zones

- hawkers who hawk in such prohibited zones should be arrested and produced instantly before the Magistrate and summary trial of such hawkers should take place, and quantum of punishment should be moderate for fisrt offence and then progressively increased for repeated offences.

11, 12, 13 – suggests relaxation of guideline 3 for specific roads subject to approval of SC

- guidelines applicable equally to all roads – else not needed – other 2 committees have enforced the guidelines and rejected some roads – hence needs to be done here too.

Suggests relaxation in C-Ward – but those areas are near the Mumbadevi temple and Ram Temple in Bhuleshwar

No general relaxation required – if desired, as in the report of the western region committee, limited numbers of hawkers selling puja articles may be considered.

Committee has kept final decision on relaxing certain areas with the SC – on humanitarian grounds

Meeting was called by Mr.Ratho

Representatives of hawkers unions being difficult – not accepting the SC guidelines which have been used as basis for declaring hawking and non-hawking zones

Despite waiting to receive suggestions from hawkers and hawkers unions to solve their problems, none were received

BMC has issued publication inviting applications for pitches, and these have been received

37

Difficulties in implementing Sc Order based on ATRs received from AMCs:

i) guideline 3 restricts hawking only to very few places – that are not the natural or preferred markets of hawkers

ii) over 2 lakh hawkers exist and pitches are being provided only for 23000 – hence large number will not be accommodated

iii) hawkers do not want the open 1m X1m pitch – they prefer larger closed boxes, and in some places like MG Road ( Fashion street ), they even reside behind the hawking stalls.

iv) unauthorized / unlicensed hawkers return immediately to same spot after being removed.

v) hawkers desire to cook on the streets

vi) sufficient police staff is not available, and they want to complete the removal process in 15-20 minutes to prevent riots

vii) congestion on road also caused due to unregulated parking and encroachments by shops

viii) BMC staff are prevented from removing hawkers by Corporators, Social workers, Politicians, Police, etc. and are targeted and threatened for doing their duty.

i) the restrictions were framed to ease congestion and pedestrian and vehicular traffic – and hence will remain

ii) the carrying capacity of the city’s streets and footpaths (as has been surveyed by the 3 committees) can accommodate this number of pitches only. Other mechanisms like roving and hawkers plazas can also be considered to accommodate more numbers.

iii) existing practices of hawkers have led to the present problems – hence regulation required

iv) tighter deterrent mechanisms needed –else it is an endless cycle of removal and encroachment

v) Cooking not permitted in interests of safety and hygiene – hawkers are recommended to integrate with shops and do the cooking off the streets and footpaths.

vi) BMC on its own is unable to enforce – Police though mandated to assist is not doing so effectively – hence an independent / separate / combined task force / squad dedicated to enforcement needed.

vii) these also need to be tackled by the Traffic Police and BMC respectively – but this is independent of the hawker issue

viii)  The Rules should be made known to all, and their should be authorisation from the highest level publicly (for eg.: CM, Police Commissioner) for the removal of hawkers. Strong and united message to be sent out – else deliberate confusion created in minds of the public.

38

Suggestions of the Chairman

a) Unauthorized hawking to be made a non-bailable offence

b) Restrictions in guideline 3 to be reduced or relaxed by about 50% or even more than 50% relaxation, depending on case-wise situation

c) Only those hawkers who agree to follow the guidelines should be allotted pitches and licences

d) Amendments to law to assist the BMC in catching the hawkers who break the rules – to enable confiscation of goods that are kept temporarily within private compounds.

e) Traffic Police to give full and not token support to BMC staff while removing hawkers – as per the needs of the BMC staff, and not as per the Police’s limitations.

a)  Agree

b)  No relaxations permitted

c) Agreed

d) Can be considered

e) If Traffic Police is unable to assist BMC as required, should state before the SC, so that enforcement does not fail at a later stage due to lack of adequate support from Police.

39

Licences -

Licenses were issues prior to 1978 – said hawkers operating for more than 28 years – hence should not stand in line for allotment of pitches

a) Domicile will be a criteria for application

b) Old licensed may not need to stand in line, but other rules such as size of stall, etc will have to be followed, and some stalls may need to be rehabilitated if flouting the guidelines

Exhibit I

Suggests hawking zones and pitches if guideline 3 is relaxed

Exhibit II

Suggests hawking zones and pitches if guideline 3 is relaxed

Exhibit III

Letter of A-Ward AMC regarding implementation

Recommendations of AMC:

i) permanent enforcement staff required for manning and patrolling of streets and footpaths

ii) as the above is unfeasible – changes in law required – hawking in non-hawking zones to be made a cognizable and non-bailable offence

Report indicates the difficulty in implementation – and the extraordinary efforts that have been taken to implement the SC order.

Report indicates the hostile, aggressive and non-cooperation by hawkers in following the SC order.

These recommendations were also made by the Chairman of the Committee

Second report dated 29-3-2005

3

Some of the hawkers and particularly the Union leaders of the said hawkers do not desire any implementation of the hawking and non-hawking zone scheme as directed by the Supreme Court and they desire to continue the status quo. Such persons attack the enforcing authorities such as the AMCs and even the Chairman himself.

Want to delay the process – cause confusion in the minds of the people – and cast aspersions on the credibility of the committees and the work undertaken by them.

Citizen groups, etc lay down impossible conditions and demand that the Committee accept them – committee unable to address each personally and has attempted to do so through public hearings where possible.

Hawkers to occupy pitches on shift basis so that greater no. can be accommodated on limited pitches

This is an internal arrangement between the hawkers – and mechanisms can be worked out if desired by the hawkers. However neither BMC nor Police will regulate / monitor the shift system – all other rules will still apply

A more public method of inviting suggestions / objections from affected persons is suggested for declaring of hawking zones such as displaying the same notice at the ward office as well as the declared hawking zone – limited number of persons representing all stake-holders then meet with the Committee whose decision is final

13

Further difficulties

Hawkers do not want implementation – happy with the status quo, hence SC to give a final order / directive at the earliest

Committee will receive suggestions as indicated by the SC order and not as desired by citizen groups – which is unfeasible

Unauthorized parking to also be addressed as a factor towards congestion

Since there is no consensus between the various stake-holders and no common solution proposed, the existing SC guidelines are applicable, which have proved to be difficult to implement. Hence Court to give necessary direction.

Exhibit A

Defamatory article against chairman in marathi

Exhibit B

Same in english

Exhibit C

Letter from citizens attending a meeting of the Committee

Exhibit D

Letter from citizens protesting about a meeting of the Committee

Third report dated 26-07- 2005

Notices given, hearings held and roads declared as hawking or non-hawking as appropriate

13

Detailed survey to be prepared for declared hawking zones to determine how many pitches can be accommodated

25

Refers to 8 difficulties and 5 humble suggestions of first report

Refers to 4 more difficulties and 3 more suggestions made in 2^nd report

Minutes of hearings on the basis of which hawking / non-hawking zones are declared, not circulated to the public – but kept for perusal by the SC – as institutions like Citispace tend to criticize the Committee through the press.

Have added some more provisional hawking zones

37

More suggestions

a) Hawkers to self regulate – those who are allotted pitches to themselves ensure that unauthorised hawkers do not squat

b) If not, licence will be revoked

c) guideline 3 should be relaxed

d) Supreme Court to see video of roads and hawking areas to see the actual situation, and as a record

e) Better parking management can ease overall congestion and free up space