|
Hawkers
STREET vending has been a characteristic feature of Indian life,
in cities as well as rural areas. However; despite this, hawking
or street vending is considered to' be an outside activity and ;;
has found no place in a planned city. In the last few years, with
increased urbanisation, the population of cities is growing rapidly,
and the effects of this are being felt with increased congestion,
decreasing green cover, increased ' noise and air pollution, increasing
traffic and contested-use of such common spaces such as roads, pavements
and open grounds.
There is also an increased consciousness among citizens and the
government to improve the surroundings.- Often, these efforts are
directed towards evicting the encroachers and hawkers. However,
hawkers fulfill an economic- function of providing. cheap and easily
available goods and services in the city and get the full support
of the customers, who they serve. Hence, the hawkers operate their
business without sanction on lands set " aside for other purposes
and often-encroach into pedestrian spaces. Their unlawful status
exposes them to frequent harassment and extortion by the police
and BMC -- adding to a sense of constant unease and tension: Despite
the administration's best efforts to remove them, the hawkers are
also able to get political backing and organise themselves into
unions that fight for their demands. .
- The issue of hawkers is a contentious one. A valuable lesson in
the finding of solutions to this complex issue is that this, as
well as many other of the city's problems, can be resolved with
the active co-operation of the authorities, elected representatives
and citizens working together.
SOME FURTHER RECOMMENDATIONS FOR !'-1AWKERS IN MUMBAI
A set of General Recommendations were prepared by the NGO Council
and submitted to MCGM to present a comprehensive scheme for the
hawkers in Mumbai -based on the guidelines of the Supreme Court
Order as well as reports of the three 3member committees, along
.with further new recommendations, where felt necessary. The salient
recommendations include the following:
Temporary hawking areas. To allow a restricted number of roving
hawkers to stop and sell at fixed times and fixed locations in each
ward/local areas -- such areas are called temporary hawking areas.
Carrying capacity: The number of permitted hawkers in temporary.
Hawking areas, (or other areas such as hawkers plaza, weekly bazaar,
etc.) is directly linked to the carrying capacity of that local
area
Implementation and 'monitoring through 2-tier broad based committees;
A City Hawker Committee and 24 Ward Hawker Committees will oversee
the implementation of the scheme for hawkers: These. committees
will: Draw up detailed specifications for hawkers under the broad
guidelines; Receive and allot licenses to hawkers under the stated
schemes; Receive and take action on complaints, suggestions, feedback
regarding the implementation of the scheme and
undertake a yearly review of the scheme and its implementation,
Other mechanisms for hawking: Five methods:(other than nn-street
hawking in pitches), suggested to accommodate greater number of
,hawkers. i) hawkers plazas ii) weekly markets iii) theme based`
marketslkhau gallis iv) daily licences v) mobile shops.
Licences: Licence mechanism specified
Role of the Local Area Citizen Group: LACGs included in- the 24
Ward' Hawker Committees.
Role of the hawkers Committees: to involve all stake-holders and
enable effective implementation of the scheme.
Limiting number of licences and number of on-street hawkers:
Vehicular regulations suggested: In congested areas, (e.g., outside
stations), vehicular regulations also recommended to feduce congestion.
Long term plans: Apart from the immediate implementation of~the
scheme for hawkers, several lopg term plans to be undertaken such,
as deve4ing markets plots, including areas for hawkers in new developments,
etc
How to make a complaint against hawkers:
Lodge a complaint with BMC by phoning 1916,
Lodge a complaint also in writing to the ward office (.Ward addresses
are in httpalwa%w.kamtayog.com(bmclasstmuncomins.htm)
Integrating hawkers within the locality: EXAMPLES OF PROJECTS IN
MUMBAI
One of the solutions to the problem of where and how to locate hawkers
is to integrate : them into the locality where they operate. Hawkers
frequent a particular area because there is a demand from people
for the services that they offer at that spot. It is possible for
the regulatingauthorities to -find feasible solutions by working
together with the residents/users of that locality and the hawkeusRhemselves.
Following are examples of situations, where hawkers have been integrated
into the local ityfihe first two examples look at providing solutions
where hawkers already exist, and the third example looks at integrating
hawkers into the city development planning process, where prior
space is allocated for the use of hawkers
p.
Project
Juhu Beach Beautification Project
3. Nalla Sopara: A case for integration'
' ' of street vendors in the city devel
. opment planning process- pre
pared by YUVA -
" (~ full proposal at httpalwww.kar i . Girgaum Chowpatty"Bhel
Plaza"
mayoy,comrmageslyuvaprsnt,pdf)
. ,
4, Other mechanisms for hawking: Five methods:(other than nn-street
hawking in pitches), suggested to accommodate greater number of
,hawkers. i) hawkers plazas ii) weekly markets iii) theme based
` marketslkhau gallis iv) daily licences v) mobile shops.
5. Licences: Licence mechanism specified
6. Role of the Local Area Citizen Group: LACGs included in- the
24 Ward' Hawker Committees.
7. Role of the hawkers Committees: to involve all stake-holders
and enable effective implementation of the scheme.
8. Limiting number of licences and number of on-street hawkers:
promote the invoivemei ,,for featuring articles 0 ient to public
health,;
9; Vehicular regulations suggested: In congested areas, (e.g., outside
stations), vehicular regulations also recommended to feduce congestion.
I0. Long term plans: Apart from the immediate implementation of~the
scheme for hawkers, several lopg term plans to be undertaken such,
as deve4ing markets plots, including areas for hawkers in new developments,
etc
How to make a complaint against hawkers: 1, Lodge a complaint with
BMC by phoning 1916,
>
2. Lodge a complaint also in writing to the ward office (.Ward addresses
are in httpalwa%w.kamtayog.com(bmclasstmuncomins.htm)
Send your views and news to www karmayog,org / info@kaimayog:org
NEED FOR OVERALL GUIDELINES FOR HAWKERS IN THE CITY
Despite the proven effectiveness of local solutions to the hawker'
issue, there is a need for an overall guiding framework Within which',
all local solutions can be fitted. This, in turn, would assist'the
regulating authorities like the BMC and the police in effective
monitoring and implementation of the guidelines across the city.
Several schemes and guidelines have been framed for hawkers in Mumbai
from time to time, and presently, the Supreme Court (vide Appeal
no. 4156-4157/2002 of Maharashtra Ekta Hawkers Union (MEHU) Vs.
MCGM),is in the. process of finalising a set of regulations under
which, hawkers'will carry out their business in Mumbai; and that
shall be binding for all.
Some of the salient guidelines presented by the Supreme Court Include
the following:
1. Detined.pitches for hqwking: An area of 1 m x 1 m. on ofie side
of the footpath where ever they exist or on an extreme side of the
carriageway.
2. Notables or display mechanisms permitted: Hawkers must not put
wp staNs,ot place any tables, stands or such other things or erect
any type of structures.,
3. No hawking zones: There should be no hawking within 100 meters
.from anyplace of worship, holy shrine, educational institutions
and hospitals or within 150 mt from any municipal or other markets
or from any railway station. There should be no hawking on footbridges
and over-bridges.
4. Noise pollution prohibited: The hawkers must not create any noise
or play any instrument or music for attracting the public or the
customers.
I 5.. No cooking permitted: They can only sell cooked foods,, cut
fruits, juices and the like. There is a direction that no cooking
of any nature whatsoever shall be permitted,
6. Restricted timings: Hawking must be only between 7.00 am and
10.00 pen.
` 7, Payment of prescribed hawking fee to BMC; Hawking will be on
the basis of payment of a prescribed
fee to be fixed by BMC. -
8. Hawkers to'coooperate with authorities: ThA hawkers must extend
full co-operation -to the municipal conservancy staff for cleaning
the' streets and footpaths and also to the other municipal staff
for carrying, on any municipal work. They must also co-operate with
the other government and pu¢lic agencies such as BEST Undertaking,
MTNL, BSES Ltd. etc. -
9. Hawking permitted in restricted areas only: No hawking would
be permitted on any street, which is less than 8 mt in width. Further,
the hawkers also have to comply with Development Control Rules.
Thus there can be no hpwking in areas; which are exclusively residential
and where trading and commercial activity is prohibited. Thus hawking
cannot be permitted on roads and pavements, which do not have a
shopping line.
10, BMC to provide licences and photo-ID's foe hawkers: BMC shall
grant licences, which will have photos of the hawkers on them. The
Iicenicers must be displayed, at all times, by the hawkers on their
person by clipping it on to tt4ir shirt oP coat.
11. One member of each family only: Not more than one member of
a family must be given a licence to hawk. For this purpose, BMC
will have to computers its records.
,12. Only convenienca4ocds permitted: Vending of costly items;.e.g.,
electrical appliances, video and audlo-tapes and-cassettes, cameras,
phones; etc,; are to be prohibited. In the event of any hawker found
to be selling such items his licence must be cancelled forthwith.
13. Licence for hawkers: In areas other than the Non-Hawking Zones,
licences must be granted to the hawkers to do their business on
payment of the prescribed fee. The licences must be for 's period
of 1 year. ,
.14. Consultative process for changes: In future, before making
any.alteratton in the scheme; the Commissioner should place the
matter before the Committee, which shall take a decision after considering
views'of all concerned. Including the hawkers, the Commissioner
of Police and members of the public or an association representing
the public.
15. Culpability of enforcing officials: It is expected that citizens
and shopkeepers shall participate in keeping non-hawking zones/areas
free from hawkers. They shall do so'by,bringhg to the notice of
the concerned ward officer the presence of a hawker in a non-hawking
zone/area. ' ,
16. These regulations not applicable for roving hawkers: We clarify
that the scheme framed above and
|