Bombay High Court Criticizes Maharashtra Government's Failure to Implement Street Vendors Act
The Bombay High Court delivered a stern rebuke to the Maharashtra government on Thursday, declaring that the state has failed in its duty to properly implement the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act of 2014. The court expressed profound disappointment that a scheme drafted in 2017 lacks compliance with crucial sections of the landmark legislation.
Court Grants Final Opportunity for Compliance
After the state lawyer assured the court she would consult with the highest officer of the urban development department, the High Court granted what it termed "a last chance" for the government to present a proper scheme. The matter has been scheduled for hearing on April 20, when the state must demonstrate substantial progress.
The division bench, headed by Justice Bharti Dangre, was hearing petitions filed in 2022 concerning the town vending committee (TVC) and hawkers' scheme. Justice Dangre pointedly asked state representatives, "Will you place before the public a half-baked scheme or a foolproof scheme?" emphasizing the need for comprehensive implementation.
Decade of Delays and Inadequate Implementation
The court noted with concern that more than a decade has passed since Parliament enacted the Street Vendors Act in 2014 to protect urban street vendors' rights and regulate vending activities. Furthermore, over eight years have elapsed since the High Court issued exhaustive implementation guidelines in response to a petition filed by the Azad Hawkers Union.
Justice Dangre expressed deep disappointment with an affidavit filed by the joint secretary of the Urban Development Department (UDD), warning that if the next affidavit proves inadequate, the court would summon the responsible public servant. The bench observed that "the state is still lurking in dark about the implementation of the Statute," highlighting Maharashtra's lag behind other states in implementing this crucial legislation.
Multiple Petitions and Municipal Corporation Scrutiny
Thursday's proceedings involved three individual petitioners along with the Maharashtra Hawkers Federation, who questioned the Navi Mumbai Municipal Corporation about arbitrary actions. The High Court also scrutinized the quality of NNMC's response and directed the corporation to file an affidavit specifying when its TVC elections would be conducted.
Hawkers raised significant concerns that the current scheme fails to address goods seized by authorities and lacks a proper grievance redressal panel as mandated by the Act. These deficiencies undermine the protective measures intended by the legislation.
Systemic Failures and Consultation Requirements
The High Court repeatedly questioned state lawyers about the difficulty in creating a comprehensive scheme that includes all necessary aspects outlined in the Act. The bench emphasized the need to consult all town vending committees—over 420 across Maharashtra—in a time-bound manner before finalizing any scheme.
In related proceedings, another division bench headed by Justice Ajay Gadkari postponed a suo motu Public Interest Litigation on hawkers' issues to Monday. This delay will enable the Brihanmumbai Municipal Corporation (BMC) to inform the court about steps taken to announce Mumbai's town vending committee election results following previous court directives.
The state government had previously indicated that the hawkers' scheme would apply to all of Maharashtra, but implementation has remained inconsistent and incomplete across different municipalities and corporations.
Broader Implications for Urban Governance
This case highlights systemic challenges in implementing national legislation at the state level, particularly concerning urban informal sector workers. The Street Vendors Act represents a significant effort to formalize and protect the livelihoods of millions of street vendors across India, but its effectiveness depends entirely on proper implementation by state governments.
The Bombay High Court's intervention underscores the judiciary's role in ensuring executive accountability and protecting vulnerable economic sectors. With the April 20 deadline approaching, all eyes will be on whether the Maharashtra government can finally deliver a compliant scheme that balances regulatory needs with livelihood protection for street vendors.
