Bharatiya Nyaya Sanhita brings the impossible-to-control hawking community to its knees, classifying unauthorised hawking as a non-bailable crime; IPC had no such provision
Crawford Market wears a relatively empty look on Monday following eviction of hawkers. Pic/Ashish Raje
The inclusion of petty organised crime, a non-bailable offence, in the Bharatiya Nyaya Sanhita (BNS) is empowering the police in its battle against illegal hawkers. There was no provision for organised crime in the Indian Penal Code. Following a police crackdown, where vendors were booked under the new law, Crawford Market and surrounding areas were free of hawkers on Monday.
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Traffic movement opposite Crawford Market was smooth and pedestrian walkways were clear of obstructions. According to the LT Marg police, senior officers have instructed their subordinates to act against hawkers blocking roads, and inconveniencing pedestrians and motorists.
Mohit Garg, DCP, Zone II and Dayashankar Singh, president, Azad Hawkers’ Association
Acting on these instructions, the LT Marg police have registered a case against five hawkers under Sections 112 (petty organised crime), 285 (danger or obstruction in a public way or line of navigation) and 287 (negligent conduct with respect to fire or combustible matter) of the BNS, which came into effect on July 1. The Indian Penal Code (IPC) only has provisions similar to BNS Sections 285 and 287, which are bailable offences. The IPC sections were 283 and 285, while the police also used to book offenders under Section 102 of the Bombay Police Act.
The five hawkers
According to the FIR registered by the LT Marg police, the hawkers booked are Krishnamurthy Naidu, Dinesh Kumar Jaiswal, Krishnachandra Verma, Sanjay Verma and Manojkumar Prajapati. The hawkers had set up illegal stalls on Mangaldas Road, Dawa Bazar, within the jurisdiction of the LT Marg police. The complainant states that the accused were using stoves to cook food and sell it illegally without permission from the authorities. “The accused were using the footpath in an unorganised and unauthorised manner, causing obstructions to traffic movement and cooking food with combustible materials, endangering the lives of others,” the FIR reads.
Crawford Market wears a relatively empty look on Monday evening following the eviction of hawkers. Pics/Ashish Raje
Mohit Garg, DCP, Zone II, said, “Cases are being registered as per the law wherever we observe petty offences being carried out in an organised manner. Cases are being registered against hawkers working in an organised manner against the provision of law. PITA [Prevention of Immoral Trafficking Act] cases are being registered against those running prostitution rackets in an organised manner.”
‘Rampant harassment’
On the condition of anonymity, a hawker said, “The police have been harassing us repeatedly. We have been placing our stalls near Crawford Market, opposite the Roopam showroom, for the last few decades and we have permission to operate them. Because of a few illegal stalls, action is being taken against all of us, and the new law is being weaponised to harass us.”
Azad Hawkers’ Association President Dayashankar Singh, whose union has 22,000 members, said, “The police are acting against hawkers without verifying who is eligible and who is not. Hearings are still being held in the Bombay High Court. During one of them, the court remarked that the police would need the army to walkways free off hawkers. Due to this comment, police are acting hastily and not verifying anything. The BNS section is being used to prosecute us. All hawkers’ associations in Mumbai will challenge this in court soon.”
LawyerSpeak
Advocate Sunil Pandey said there is no provision under Section 112 of the BNS to act against hawkers. “Hawking cannot be considered petty organised crime. This will have a negative impact and tarnish the image of the police, as the courts will become overloaded with petty offence cases,” he said.
“Previously, the police used to act against hawkers under Section 102 (causing any obstruction in a street) of the Bombay Police Act, but it did not include provisions for prosecution. Section 112 of the BNS, however, includes provisions to prosecute individuals, which is why the police are using it,” Pandey added.
Seven
Max jail term in yrs
July 1
Day BNS came into effect
05
No. of hawkers booked by LT Marg cops
Section 112 of the BNS
(1) Any crime that causes general feelings of insecurity among citizens relating to theft of vehicle or theft from vehicle, domestic and business theft, trick theft, cargo crime, theft (attempt to theft, theft of personal property), organised pickpocketing, snatching, theft through shoplifting or card skimming and Automated Teller Machine thefts or procuring money in an unlawful manner in public transport system or illegal selling of tickets and selling of public examination question papers and such other common forms of organised crime committed by organised criminal groups or gangs, shall constitute petty organised crimes and shall include the said crimes when committed by mobile organised crime groups or gangs that create a network of contacts, anchor points, and logistical support among themselves to carry out number of offences in region over a period before moving on.
(2) Whoever commits or attempts to commit any petty organised crime, under sub-section (1) shall be punished with imprisonment for a term which shall not be less than one year but which may extend to seven years, and shall also be liable to fine.
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