Maharashtra: Paan vendors protest MCOCA, Section 328 over gutka crackdown at Mumbai’s Azad Maidan

Hundreds of paan shop owners across Maharashtra gathered at Mumbais Azad Maidan on Tuesday for what the Maharashtra Pan Vyapari Mahasangh described as one of the largest demonstrations by the states paan vendorsrsquo communityThe protesting organisation claimed that the agitation represented more than seven lakh paan vendors and was organised against the alleged misuse of Section 328 of the Indian Penal Code IPC and the Maharashtra Control of Organised Crime Act MCOCA against small tradersDecision to impose MCOCA triggers protestThe Maharashtra government and the Food and Drug Administration FDA have announced stringent legal provisions including imposing the Maharashtra Control of Organised Crime Act MCOCA and Section 328 of the Bharatiya Nyaya Sanhita on paan vendors selling tobaccoMCOCA is usually imposed on organised crime syndicates While defending its decision the state argued that the illegal gutka trade is not merely a regulatory violation but an organised criminal networkAccording to the government these provisions are being invoked to dismantle organised syndicates involved in the manufacture transportation storage and distribution of banned gutka products treating the offence as organised crime rather than a routine food safety violationHerersquos what vendors have to sayThe peaceful protest at Azad Maidan witnessed a massive participation from paan shop owners across several districts of Maharashtra who said the stir was aimed at protecting the livelihoods and dignity of lakhs of families dependent on the traditional paan tradeAddressing the gathering Maharashtra Pan Vyapari Mahasangh State President and Spokesperson Ajit Suryavanshi said that the issue is currently pending before the Supreme Court and expressed confidence in the judicial processThe matter is before the Honble Supreme Court and we have complete faith in the judiciary No final decision has been delivered yet However both High Courts had earlier held that Section 328 cannot be invoked in such cases he addedA paan vendor from Marol Naka Mumbai expressed concern over the Maharashtra governments moveImposing MCOCA and Section 328 merely for possessing gutka would be unfair on us We do not sell gutka but fear that the administration may misuse these provisions to threaten small vendors which could also lead to corruptionsaid 47yearold Ram Gupta He added that while he supports the governments efforts to curb the sale and consumption of gutka they are opposing the move to invoke Section 328 against vendorsThe matter is still pending before the Supreme Court and we believe the judiciary will deliver a decision that is in the best interest of society added Gupta Another paan vendor from Bandra East who requested anonymity of name said Our livelihood depends on our daily earnings MCOCA is meant to be used against those involved in organised crime While we do not encourage the sale of gutka our concern is that small traders could end up facing stringent legal action meant for hardened criminalsCall for uniform national policyDuring the protest the vendors urged the Maharashtra government to adopt a uniform national approach if it believed certain products should be prohibited rather than targeting traders only within the stateThey also appealed for a clear distinction between organised crime and legitimate retail businesses alleging that stringent legal provisions were being invoked against ordinary shopkeepersThe gathering further called upon paan shop owners to maintain the dignity of the profession by ensuring that illegal narcotic substances are never sold through paan shops The vendors emphasised that the actions of a few should not tarnish the reputation of lakhs of lawabiding tradersThe Maharashtra Pan Vyapari Mahasangh said that the Azad Maidan protest represented not only the interests of more than seven lakh paan vendors but also the livelihoods of lakhs of families associated with the trade