Maharashtra pan vendors announce statewide protest on July 14 over alleged use of MCOCA

Representational image. File pic

Maharashtra Pan Vyapari Mahasangh has called for a statewide bandh and a massive protest march at Mumbai's Azad Maidan, alleging the misuse of legal provisions, including Section 328 of the Indian Penal Code (IPC) and the Maharashtra Control of Organised Crime Act (MCOCA), against small traders. While the protest is set to be organised on Tuesday, pan shops across Maharashtra are expected to remain shut on July 14.

The organisation, which claims to represent over seven lakh pan vendors across the state, has appealed to shop owners from every district to keep their establishments closed and participate in what it described as a peaceful democratic movement aimed at protecting the livelihoods of lakhs of families dependent on the trade.

Mahasangh questions use of IPC Section 328

While speaking to the media on Monday, State President and spokesperson of the Maharashtra Pan Vyapari Mahasangh, Ajit Suryavanshi, said, "The matter is currently pending before the Supreme Court and expressed confidence in the judicial process."

"The matter is presently before the Hon'ble 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," Suryavanshi added.

He also argued that pan masala is recognised as a standardised food product under a law enacted by Parliament and is legally manufactured and sold across the country.

He also said, "If that is the legal position, then a fundamental question arises: why should traders in Maharashtra be treated differently? On what legal basis is Section 328, a provision dealing with administering poison or harmful substances, being invoked against traders dealing in a product that is otherwise lawful?"

Concerns over MCOCA invocation

The Mahasangh also objected to the alleged use of provisions under MCOCA against pan shop owners, contending that the stringent law, meant to combat organised crime, should not be applied to ordinary traders engaged in the sale of legally recognised products.

The organisation said these legal issues are currently under consideration before the Supreme Court.

"We are not seeking any special treatment or exemption from the law. We only seek the fair, consistent and uniform application of the law. If a product is recognised under Parliamentary law and is legally sold across India, then small traders in Maharashtra should not be subjected to criminal provisions that were never intended for such circumstances," Suryavanshi said.

Suryavanshi urges pan vendors to participate in protest

Calling the July 14 protest one of the most significant movements undertaken by the pan-trading community, Suryavanshi urged vendors to unite while acknowledging the financial challenges faced by daily wage-dependent traders.

"All pan shops across Maharashtra have been requested to remain closed on July 14 in support of this movement. However, we also understand that ours is a business that survives on daily income."

Key demands of the Maharashtra Pan Vyapari Mahasangh

Immediate withdrawal of the alleged misuse of MCOCA provisions against small traders and pan shop owners.

• Revocation of the ban on flavoured tobacco products.
• An end to the alleged illegal and arbitrary action by the Food and Drug Administration (FDA).
• Prevention of the alleged misuse and misinterpretation of FDA laws leading to harassment by police.
• Financial assistance for pan shop owners through welfare schemes and collateral-free loans of up to Rs 10 lakh.
• Employment for one member of every pan shop owner's family in a government or semi-government organisation.
• Establishment of a development corporation for the economic welfare of pan traders and others dependent on the industry.