A coalition of 34 organisations seeks judicial intervention to uphold constitutional rights and protect livelihoods of marginalised communities in Maharashtra
Mohammad bin Ismail | Clarion India
NEW DELHI — In a significant legal move, a coalition of 34 hawker unions, human rights organisations, and political parties has approached the Bombay High Court against the controversial resolution passed by the Madhinagar village panchayat in Ahlia Nagar, Maharashtra.
The resolution, passed on February 22, effectively bans Muslim traders from setting up stalls during the annual Shri Kanafnath Yatra. These organisations have called the resolution “illegal”, “arbitrary”, and “discriminatory”, urging the court to safeguard the constitutional rights of the affected traders.
The letter to the Chief Justice was signed by several prominent groups, including the National Hawkers Federation, People’s Union for Civil Liberties (PUCL), and the Indian Christian Women’s Movement, among others.
The coalition’s petition stresses the importance of upholding the right to livelihood and protection from discrimination for marginalised communities. “We urge the judiciary to protect the livelihoods of Muslim traders and ensure they are not excluded from participating in the yatra,” said a representative of the National Alliance of People’s Movements (NAPM).
The Shri Kanafnath Yatra, a month-long festival starting with the Hindu festival of Holi, has traditionally been a venue for traders of all religious backgrounds. However, in a shocking development, the resolution passed by the BJP-affiliated Sarpanch Sanjay Markad banned Muslim vendors from setting up their stalls during the yatra, a decision which has drawn widespread criticism.
Despite a ruling on February 28, by Pathardi Block Development Officer (BDO) Shivaji Kamble declaring the resolution null and void, the issue remains unresolved. The BDO’s decision was backed by BJP minister Nitish Rane and NCP MLA Sangram Jagtap, who visited the village on March 2, endorsing the ban.
The situation has sparked widespread concern among Muslim traders who had already travelled to the village with goods purchased specifically for the festival. “These shopkeepers face not only financial losses but also a threat to their safety. If they do not set up their stalls, they stand to lose everything,” said Muqdar Wazir Bhai Pathan, one of the affected villagers who has challenged the resolution in the Bombay High Court.
On March 11, the Aurangabad bench of the Bombay High Court intervened, staying the implementation of the resolution until April 8. However, the threat remains as Sarpanch Markad has announced plans to pass a new resolution to enforce the ban. This has raised concerns among the affected Muslim traders, who fear that their livelihoods are at stake.
“If the authorities fail to uphold the high court’s injunction, it would be a direct violation of the constitutional rights of Muslim traders,” said Sheikh Feroz Subhan, another affected individual.
In the letter submitted to the Chief Justice, the organisations have emphasised that the resolution violates the constitutional principles of equality, non-discrimination, and the right to work. The letter also stressed that the attempt to exclude Muslim traders from the yatra goes against the Bombay High Court’s order, which they urge the court to enforce.
“The right to work, equality, and protection from discrimination are fundamental rights under the Indian Constitution. No individual or group, including the village authorities, has the right to deprive Muslims of these rights,” the letter read.
The coalition of organisations has demanded immediate action from the Bombay High Court to prevent further unconstitutional actions against Muslim traders. “Any attempt to stop Muslim traders from doing business during the Kanafnath Yatra would be in contempt of the high court’s order and a blatant disregard for the Indian Constitution,” they warned.
