FPJ OPED Hawkers
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Overview
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, and often these efforts are directed towards evicting the encroachers and hawkers. However, hawkers fulfil an economic function of providing cheap and easily available goods and services in the city and get the full support of the customers whom 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 administrations best efforts to remove them, the hawkers are also able to get political backing and organize themselves into unions that fight for their demands.
The issue of hawkers is a contentious one and in the finding of solutions to this complex issue, is the valuable lesson that this, as well as many other of the city’s problems can be resolved with the active cooperation of the authorities, elected representatives and citizens working together.
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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 regulating authorities to find feasible solutions by working together with the residents / users of that locality and the hawkers themselves. Following are examples of situations where hawkers have been integrated into the locality; the 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.
1. Girgaum Chowpatty Bhel Plaza Project
This an example of a successful collaboration between the local citizen group, the bhelpuri stalls at Girgaum Chowpatty Beach and the BMC, that led to the creation of a defined bhel plaza for the hawkers of the beach.
The stall owners at Girgaum Chowpatty had been engaged in litigation with the Government, over attempts to regulate and remove their stalls, where “the location of these stalls were haphazard, obstructed the view of the sea from the road and did not permit optimum use of the beach for the public.”
BMC officials, the bhelpuri stall owners, and the local citizens group interacted to discuss the practical problems faced by the BMC as well as the anxieties and fears of the stall-owners. Using the services of an architect, a feasible solution was found that accommodated some of the stalls in a designated plaza while also preserving the view of the seafront, and keeping the beach free for public use.
This plan was approved by the High Court and thereafter a Committee was appointed by the Court to oversee the implementation of the proposal, as well as prepare a master plan for the beautification of the entire Chowpatty beach area.
2. Juhu Beach Beautification Project
Similar to the Girgaum Chowpatty case, the hawkers of Juhu Beach were also engaged in litigation with the regulating authorities and local citizen groups over attempts to re-locate their stalls and beautify Juhu Beach.
A Monitoring Committee was set up for the Juhu Beach beautification project that includes in its design, besides the hawkers plaza, several new parks, a picnic and exercise area, a landscaped garden, and parking areas. The Maharashtra Housing and Area Development Authority (MHADA) is the implementing agency for this scheme that includes the participation of several Government agencies such as the Airports Authority of India, the Mumbai (Suburban) Collector, and the Mumbai Police.
The implementation of the scheme is currently in progress, with the Court having directed MHADA to re-locate the hawkers in the newly designed stalls by a specified date, after the Monitoring Committee had recently confirmed that the 80 stalls for the re-location of the hawkers had been completed.
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3. Nalla Sopara: A case for integration of street vendors in the city development planning process prepared by YUVA
YUVAs (Youth for Unity and Voluntary Action) reason for advocating integration of hawkers in urban plans rather than tolerance outside the plan is that non-planned activity leaves a lot of unresolved problems. The city needs to integrate this other side of the informal city into formal in the same manner as integrating informal shelter in to the formal. It is true that provision for street vending cannot be totally unregulated. Again, the carrying capacity of a city and the number of hawkers that can be accommodated in a particular area would require monitoring.
YUVA started the Nalla Sopara project in Sept 03 by reviewing the Development Plan proposal and studying the pattern of city growth for Nalla Sopara. This was followed by a physical mapping and situational analysis of the Nallasopara city keeping in view the regional perspective. On the basis of the study and analysis, a few streets were identified for the hawkers survey. On site observation and behavioural pattern of hawkers as well as other users such as the customers, rickshaw drivers, etc. were incorporated while providing 2 types of solutions: a) short term – Street wise solution till relocation site is earmarked, and b) long term – identification of reservations for market use and developing them as a relocation site
The report has been presented to the local authorities, who were also involved in the process, and who have now taken up various aspects of the report for consideration.
(see full proposal at http://www.karmayog.com/images/yuvaprsnt.pdf)
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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, and that would assist the regulating authorities like the BMC and 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 shall 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:
- Defined pitches for hawking: An area of 1 m x 1 m on one side of the footpath where ever they exist or on an extreme side of the carriageway.
- No tables or display mechanisms permitted: Hawkers must not put up stalls or place any tables, stand or such other thing or erect any type of structure.
- No-hawking zones: There should be no hawking within 100 meters from any place of worship, holy shire, educational institutions and hospitals or within 150 meters from any municipal or other markets or from any railway station. There should be no hawking on footbridges and over-bridges.
- Noise pollution prohibited:The hawkers must not create any noise or play any instrument or music for attracting the public or the customers;
- No Cooking permitted: They can only sell cooked foods, cut fruits juices and the like. We direct that no cooking of any nature whatsoever shall be permitted.
- Restricted timings: Hawking must be only between 7.00 am and 10.00 pm;
- Payment of prescribed hawking fee to BMC: Hawking will be on the basis of payment of a prescribed fee to be fixed by BMC.
- Hawkers to co-operate with authorities: The hawkers must extend full cooperation 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 cooperate with the other government and public agencies such as BEST undertaking; Bombay Telephones, BSES Ltd. etc.
- Hawking permitted in restricted areas only: No hawking would be permitted on any street, which is less than 8 meters in width. Further the hawkers also have to comply with Development Control Rules thus there can be no hawking 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.
- BMC to provide licenses and photo-IDs for hawkers: BMC shall grant licenses, which will have photos of the hawkers on them. The licenses must be displayed, at all times, by the hawkers on their person by clipping it on to their shirt or coat;
- 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 computerize its records;
- Only convenience goods permitted: Vending of costly items e.g. electrical appliances, video and audio 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.
- Licences for hawkers: In areas other than the Non-Hawking Zones, licenses must be granted to the hawkers to do their business on payment of the prescribed fee. The licenses must be for a period of 1 year.
- Consultative process for changes: In future, before making any alteration in the scheme, the Commissioner should place the matter before the Committee who 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.
- 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 bringing to the notice of the concerned ward officer the presence of a hawker in a non-hawking zone/area.
- These regulations not applicable for roving hawkers: We clarify that the scheme framed above and the guidelines are not applicable to hawkers who do not sit in any one place but who travel from place to place carrying their wares with them.
(For full text of the Supreme Court order dated 9th December 2003, see http://www.karmayog.com/hawkers/sciorderhawkers.htm)
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Some further Recommendations for Hawkers in Mumbai
Any solution that aims to be sustainable must address the critical issue of the carrying capacity of that area, and the city as a whole; else the problem will be solved only temporarily. One of the features of the scheme that is proposed currently, is that there is a gap between the number of hawkers accommodated in the hawking zone pitches, and the number of hawkers currently operating. Hence the implementation of the scheme will depend on the capacity of the regulating authority (BMC and Police) to monitor and keep the hawkers of the streets.
A set of General Recommendations were prepared by the NGO Council and submitted to MCGM to present a comprehensive Scheme for Hawkers in Mumbai, based on the guidelines of the Supreme Court Order as well as the Reports of the three 3-member 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 licences to hawkers under the stated schemes
– receive and take action on complaints, suggestions, feedback regarding the –
implementation of the scheme
– undertake a yearly review of the scheme and its implementation - Other Mechanisms for hawking: 5 methods (other than on-street hawking in pitches) suggested to accommodate greater number of hawkers:
i) hawkers plazas
ii) weekly markets
iii) theme based markets / khau 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 reduce congestion.
- Long Term plans: Apart from the immediate implementation of the scheme for hawkers, several long term plans to be undertaken such as developing markets plots, including areas for hawkers in new developments, etc
(For full text of recommendations, see http://www.karmayog.com/hawkers/hawkerspolicymumbai.htm)
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For List of hawking zones in Mumbai see:
http://groups.yahoo.com/group/karmayog/message/11990
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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 http://www.karmayog.com/bmc/asstmuncomms.htm)
It is important to note that if such complaints are not resolved by the Ward, the Supreme Court guidelines state that action will be taken against the Ward Officer.
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For more information on Hawkers, including articles, views and research papers, see http://www.karmayog.com/hawkers/hawkersindex.htm
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Send your views and news to www.karmayog.org / info@karmayog.org . Karmayog, Shreeniwas House, 2nd floor, H. Somani Marg, Fort, Mumbai 400001. Tel: 22000478 / 22013535. Fax: 22035410
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