Controversy Over Eviction Drive In Gujarat
By A Special Correspondent
First publised on 2021-12-11 07:46:05
About the Author
A huge controversy has erupted over a hawker (carts selling food) eviction drive in Gujarat. Across cities in the state, some BJP councilors had written to the corporations demanding that carts selling non-vegetarian food on main roads be removed. Following that, there was an eviction drive in some cities. The Ahmadabad Municipal Corporation (AMC) also undertook a similar drive. Aggrieved by its action, stall owners filed a petition in the Gujarat HC alleging discrimination and forceful seizure of their stalls and other equipment.
The Gujarat HC has rightly batted for the rights of the citizen and sought explanation from the AMC for its drive to prevent roadside stalls from selling non-vegetarian food. The court was categorical in stating that no one can dictate what a person can or cannot eat and hence no one can also dictate what a person can or cannot sell, unless it is a banned item. Since non-vegetarian food is not banned anywhere in India, the question of not allowing it to be sold anywhere within the jurisdiction of the AMC is not lawful.
Justice Biren Vaishnav asked the lawyer representing the AMC "What seems to be the problem?" He added that if "you don't like non-veg food, that is your outlook. How can you decide what I should eat outside? Tomorrow they will tell me I should not drink sugarcane juice because it will cause diabetes! Or coffee is bad for health."
The lawyer representing the AMC informed the court that the petition had been filed under some misconception and the body was just removing encroachments from public thoroughfares as they impeded the free flow of pedestrians and vehicular traffic. But this goes against the reported news that the municipal corporation's town planning committee had specifically mentioned that stalls selling non-vegetarian items will not be allowed along public roads and in the 100-meter radius of schools, colleges and religious places. A similar decision was also taken by municipal bodies of Vadodara, Bhavnagar, Junagadh and Rajkot cities.
Justice Vaishnav, while dismissing the petition, said that if there are encroachments, the body must remove them but should not do so in a discriminatory manner. He emphasized that "don't just confiscate because today morning someone makes a statement that "from tomorrow I don't want egg eateries around me"."
