The Gujarat High Court rapped the Ahmedabad Municipal Corporation (AMC) for seizing and impounding carts of street vendors selling non-vegetarian food on the streets of Ahmedabad. “How can you decide what people should eat?” the court questioned.
“You don’t like non-veg food, it is your lookout. How can you decide what people should eat outside? How can you stop people from eating what they want?” asked Justice Biren Vaishnav. How can you decide what people should eat?” suddenly because someone in power thinks that this is what they want to do? Tomorrow you will decide what I should eat outside my house? Tomorrow they will tell me that I should not consume sugarcane juice because it might cause diabetes or that coffee is bad for my health.”
About 20 street vendors of Ahmedabad had filed a petition challenging the non-implementation of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 – and the rules framed thereunder despite the fact that there has been a substantial passage of time since the coming into force of the Act and the accompanying rules. The petitioners include those who also sell fruits and vegetables as well as non-vegetarian food such as eggs, chicken and fish for a living.
The petitioners also challenged the deplorable, illegal and unjust action of the AMC and the State of Gujarat for seizing the carts and other ancillary equipment, and raw materials used to prepare snacks and food for consumption without following due process.
The AMC argued that the drive was undertaken in the view of the fact that selling non-vegetarian food on the streets was a health hazard and unhygienic. The body claimed that it was also harmful for the environment. The petitioners submitted to the court that the inhuman act of the respondents of leaving the petitioners high and dry is discriminatory, arbitrary and perverse, and violates their right to earn a livelihood as enshrined under Article 21 of the Constitution of India.
Also Read: Facebook opens virtual “Horizon Worlds” app in US
Advocate Ronith Joy told the court that non-vegetarian food is being prepared and sold within the State of Gujarat for centuries. “There is no embargo to sell eggs or other non-vegetarian food items either in the Constitution or any other law enacted by Parliament. Under what authority or power are the respondents preventing the petitioners and persons alike from vending is something that is not available in public domain. This is nothing but bigotry to say the least.”
The plea also stated that the act of the respondents in preventing or prohibiting the petitioners and other persons alike from vending/hawking or selling food items without any rhyme or reason whatsoever is absolutely contrary to the Street Vendors Act of 2014.
Advocate Chhaya, representing AMC, said the petition has been filed under some misconception and that there is no drive to remove all non-vegetarian (carts). Chhaya clarified that the reason for removal was encroachment on the road, which is hindrance to public traffic or absolute blockage of pedestrians.
