People living on footpaths are human beings too, can’t just order their removal: Bombay high court

mumbai: Homelessness is a global issue but people living on streets are also human beings with the same footing as everyone else, the Bombay High Court said on Friday refusing to pass any order directing removal of such persons in south Mumbai.

A division bench of Justices Gautam Patel and Neela Gokhale was dealing with an application filed in a petition taken up suo motu (on its own) by HC on the issue of unauthorised vendors and hawkers occupying the city’s footpaths and sidewalks.

The application filed by the Bombay Bar Association said several persons live and sleep on the footpaths and sidewalks near the Fountain area in south Mumbai.

The application said letters were also written to the city police and the Brihanmumbai Municipal

Corporation (BMC)

seeking action.

The bench, however, questioned what judicial order could be passed in such cases. “Are you saying the city must get rid of the poor? These are the persons who come from other cities looking for opportunities here. The issue of homeless persons is a global one,” the court said.

“They (homeless persons) are also human beings. They may be poor or less fortunate but they are still human beings and that makes them to be on the same footing as everybody else before us in court,” Justice Patel said.