Cannot frame policy for street vendors during Covid-19 pandemic: Maharashtra govt to Bombay HC

After hearing submissions made by AG Ashutosh Kumbhakoni, the Court on Tuesday directed the state government to file a detailed reply as to why it could not frame a policy for street vendors and posted further hearing next week.

The Maharashtra government Tuesday said it cannot frame a policy for street vendors to earn their livelihood during the Covid-19 lockdown. It also submitted that it had no intention to allow these vendors to carry out their businesses given that they are “most dangerous” in terms of spread of coronavirus.

A division bench of Justices A A Sayed and M S Karnik Tuesday heard, through video-conferencing, a public interest litigation (PIL) by one Manoj Jalamchand Oswal raising concerns about street vendors selling food items, toys and clothes among other things being without income in the lockdown.

Advocate General Ashutosh Kumbhakoni submitted that the state government does not have a policy for street vendors and it was not contemplating framing any such policy during the Covid-19 pandemic. “We have no intention of allowing street vendors. They are most dangerous in terms of the spread of coronavirus,” the state said.

The state government also said that street vendors belong to the unregulated sector and, therefore, it cannot allow them to carry their businesses as it would pose a threat to society’s health.

This came after the High Court on June 19, while hearing a plea raising issues of street vendors in financial distress, had asked the Maharashtra government to frame a policy to enable street vendors earn their livelihood during Covid-19 lockdown. After AG Kumbhakoni sought time for the same, the court granted two weeks to the state to respond.

Oswal, , through advocate Ashish Vermahad, argued that since hotels and restaurants are allowed to operate, the street vendors should also be allowed to resume their business activities. The court had, however, said that the petitioner could not equate them with street vendors. The state submitted that it was planning to open hotels from non-containment zones in a staggered manner, however, it cannot allow street vendors yet.

The High Court had earlier sought to know the state government’s position on the issue and said that as the courts have physically re-opened in a staggered manner outside containment zones, the state can consider framing an appropriate policy to enable street vendors to earn their livelihood.

After hearing submissions made by AG Kumbhakoni, the court Tuesday directed the state government to file a detailed reply as to why it could not frame a policy for street vendors and posted the case for next week.