Bombay High Court Orders Verification of Mumbai Hawkers, Flags Illegal Immigration Concerns

Mumbai: The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) and Mumbai Police to carry out a thorough verification of the identity of all hawkers operating on the city’s streets, including stall holders, vendors and even their assistants and helpers, while specifically examining whether any illegal immigrants are engaged in hawking activities.

According to a report by Live Law, a division bench of Justice Ajay Gadkari and Justice Kamal Khata passed the direction while hearing matters related to the constitution of Mumbai’s first Town Vending Committee. The court took note of concerns raised before it that illegal immigrants, including alleged Bangladeshi nationals, may be involved in hawking in the city.

In a strongly worded observation, the bench said authorities must immediately verify the identities of all such persons and, if anyone is found to be an illegal immigrant, take appropriate action in accordance with law, including repatriation through the competent authorities. The court also warned that any failure to act could invite personal liability for the officers concerned.

The bench underlined that the issue could not be ignored in view of its wider consequences on public life. It observed that citizens are increasingly facing serious difficulties due to encroachments by hawkers, with footpaths becoming unusable and pedestrians being forced onto roads.

The bench also recorded that in several areas, access to residential buildings and public roads is obstructed, emergency vehicles such as ambulances and fire brigades struggle to enter narrow lanes, and shop owners find their establishments blocked from public view, reported Live Law.in. It also took note of allegations of threats, intimidation and even physical assault linked to complaints against hawkers.

At the same time, the High Court upheld the August 2024 elections to Mumbai’s first Town Vending Committee, rejecting the challenge raised by certain hawkers’ unions.

The unions had argued that while a 2014 survey identified 99,435 eligible hawkers, the final voter list published by the BMC in November 2023 included only around 32,000 names, making the election process illegal.

However, the court accepted the BMC’s stand that eligibility to hawk did not automatically confer a right to vote. It held that all applicants were still required to undergo scrutiny under the Maharashtra Street Vendors Rules, 2016, and submit the necessary documents before being included in the final voters’ list.

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