No hawking please

The delay in implementation of State Hawkers' Policy is making it difficult for pedestrians to walk on streets that are occupied by unlicensed hawkers
Each time Parul Shah, a Chembur resident steps out to shop at the local vegetable market, she dreads the crowd and chaos. The streets here are occupied on both sides by hawkers, and vehicles and pedestrians walk on the available space with a distance of inches from each other.
Shah cannot even complain, as she buys her vegetables from the same hawkers who have made life difficult for her. Shah's story is shared by lakhs of Mumbaikars, who complain of streets crowded by legal and illegal hawkers. The residents can do little as they need to buy their daily necessities from the same hawkers that have been causing nuisance.

Escalating problems
While the official number of licensed hawkers operating in the city is around 15,000, the number of hawkers operating without a licence from the Brihanmumbai Municipal Corporation (BMC) is more than four lakh. The number of unlicensed hawkers in 1998 was 1,90,000. It has more than doubled in the past 13 years.
"The number of hawkers operating without licence is increasing daily, making it more difficult for pedestrians and locals," says Atul Vora, a member of Citispace, an organisation that has been fighting for conservation of open spaces in the city. It was made party to a court case involving the State government, BMC and hawkers.
While the State government has drafted the State Hawkers’ Policy, on the lines of National Hawkers’ Policy, it is yet to be implemented. The policy was drafted about 18 months ago.

What is the policy?
The policy aims at relocating hawkers to designated hawker zones, providing them with registration numbers. It also calls for a ban on hawkers operating without licences. Heavy penalties will be introduced if hawkers are founds operating in non-hawking zones. Hawking will not be allowed within 100 metres of station road, places of worship, schools, and hospitals. The aim is to create free moving space where moving population is in large numbers.
Moreover, once the policy is implemented, hawking in a non-hawking zone will become a cognisable offence. That means, it will be compulsory on the part of the police to file a First Information Report (FIR) against a hawker and conduct inquiries.
Also, once the draft policy is approved, a committee will be formed that will comprise corporators, locals and hawkers’ representatives. They will collectively designate hawking and non-hawking zones in the city. Spaces for hawking will be provided to hawkers on a lottery system. Only those hawkers residing in the city for 15 or more years will be allowed to hawk in the designated area.
The State government had invited objections and suggestions for the draft policy in 2010, but eversince it is in a limbo.
An official from BMC says, "The Hawkers' Policy is currently pending for approval from the State government. Once the policy is approved, it can be implemented in the city."

Tough fight
Till the policy is implemented, BMC, activists and locals have to find their own way to battle the hawkers’ issue.
"It is not easy to take action against hawkers, especially when there are too many operating at a spot. It becomes extremely risky to take action when there is no police protection. There have been cases when the BMC staff has been attacked during an anti-encroachment drive. The maximum that we could do was file an FIR with the local police. As per the law, we cannot even defend ourselves when some one attacks us while the drive is on," says a BMC official from the encroachment department.
At the same time, it has not been easy for locals whenever they have demanded footpaths free of hawkers.
"There have been several cases of physical and verbal assault against locals in the city, whenever they have tried fighting hawkers.
“While many cases go unrecorded, those who stand up for the cause have to bear consequences for a prolonged period of time. Consequences such as threat calls and visits by hawkers and unknown people in the night asking to withdraw the case are common," says Vora, who was assaulted by hawkers from Mathuradas Road at Kandivali.

Impossible is nothing
However, nothing is impossible if one really wants to do something. The city has two classic examples where hawkers have been driven out completely with the help of locals, the BMC and police. After the blast at Khau Galli in Zaveri Bazar on July 13, 2011, the streets here which were always crowded with hawkers are free of encroachment today. Similarly, the streets of Mahavir Nagar at Kandivali that were earlier occupied by hawkers and had become a menace for locals, are now clear of all encroachments. The residents, after a relentless fight, succeeded last year in driving away all illegal hawkers from the streets.
"We need residents' support for clearing unlicensed hawkers from the streets. Else it will only be a failed attempt every time," says Sanjay Patil, senior licence inspector, encroachment department.
Meanwhile, Vora offers another alternative suggestion. "If every society adopts a hawker in their society and allows them to function for few hours during the day, both the locals and the hawker will benefit from it. Moreover, there will be no abuse of public spaces such as footpaths, and it can then be used only by pedestrians."

States that have implemented the National Hawker's Policy
•    Gujarat
•    Andhra Pradesh
•    Madhya Pradesh

Money talks
In a survey conducted by an organisation, few years ago, it was found that unlicensed
hawkers paid a sum of `324 crore annually in the form of hafta.

Streets that are occupied by hawkers
•    Station road in Santacruz West
•    MG road and station road in Vile Parle West
•    Station road at Borivali West
•    Mathuradas road in Kandivali West
•    Bhuleshwar
•    Station road outside Dadar West
•    Station road at Andheri East and West