A MUCH DELAYED LEGISLATION FOR THE PROTECTION OF THE
STREET VENDORS
Street vendors have always been an integral part of a
city. They are found outside schools,
colleges, historical monuments, subways, government buildings, bus stops and
even malls in their temporary static structure or mobile stalls. Street vending
is not only a source of self-employment to the poor in cities but also is a
means for affordable and convenient services to a majority of the urban
population.
Street vendors form a very important segment of the
unorganized sector in our country. It is estimated that in several cities
street vendors count for about 2 per cent of the population. Women constitute a
large segment of these street vendors in almost every city. The irony is that despite catering to the
needs of a large number of people, the street vendors have to regularly bear the
brunt of police harassment and mistreatment at the hands of various municipal
authorities. For curbing the harassment faced by the Street vendors the LokSabha
on 6 September 2013 passed the Street Vendors (Protection of Livelihood and
Regulation of Street Vending) Bill, 2012.
According to the bill any person above 14 years of age
who intends to undertake street vending activity may register with the Town Vending
Committee (TVC). The TVC shall issue a vending certificate. Only those
persons with a vending certificate are permitted to work as street vendors.
Every street vendor has the right to undertake vending activities in the
vending zone for the time period specified in the certificate.
The bill further states that every local authority shall
in consultation with the planning authority prepare a street vending plan once
in every five years. The plan shall determine spatial vending zones as well as
changes required for accommodating existing and future street vendors.
Problems faced by the street vendors
The street vendors’ markets present various colors but
underneath the shine lay the discontent and anguish. These vendors contribute
significantly to the urban distribution system, but in return face humiliation,
harassment and confiscation threats from police officers and inspectors from
the local governing bodies. Municipal authorities frequently demand bribes from
vendors.
The most pressing and ongoing risk for many street
vendors is the possibility that the local government authorities will forcibly
evict them from the streets or confiscate their merchandise. This risk of
displacement often increases in the context of elections, mega-events or efforts
to beautify city centers; the eviction and displacement of street vendors
during the 2010 Commonwealth Games is a testament to this harsh reality. Female
street vendors face heightened risks when they operate in insecure or illegal
spaces.
The problems of street vendors are further compounded by
the fact that vendors have very little access to social welfare schemes. Since
street vendors spend the majority of their working time on open roads, they are
vulnerable to different types of diseases like migraines, hyper-acidity,
hypertension and high blood pressure due to pollution. The lack of toilets has
an adverse effect on women’s health and many suffer from urinary tract
infections and kidney ailments.
What the bill aims to do
The bill
aims to protect the livelihood rights of street vendors
and to regulate street vending through
demarcation of vending zones, conditions
for and restrictions on street vending. A street vendor shall not be prevented
from exercising his right by any person, police or any authority under any
other law
Street vendors who have a grievance can appeal to a dispute
redressal committee constituted by the local authority. The committee shall
consist of one sub judge/judicial magistrate or an executive magistrate and
other persons experienced in street vending and natural markets. The committee
has to redress the grievance within the time period specified in the scheme. An
appeal against the decision of the committee shall lie with the local
authority.
Role of TVCs and the state government
TVCs will be constituted in each local authority, zone or
ward. Besides issuing the certificates the TVC will also specify the time limit
for issue and renewal of registration and vending certificate. It will keep the
records of street vendors including the stall allotted for vending, category of
vending and the business carried out.
The TVC will have a wide representation. It will comprise of the municipal commissioner; representatives of street vendors (at least
40 per cent of the TVC, of which one-third are women); and representatives of
the local authority, planning authority, local police, traffic police, resident
welfare associations, banks, and other traders associations. The Bill also
requires the representation of SCs, STs, OBCs, minorities and disabled persons
in the TVC.
On the other hand the state government shall frame a
street vending scheme to specify the criteria and process for registration and
issue of vending certificate, eviction and relocation of street vendors and the
manner of confiscation of goods in case of violation of terms of vending,
criteria for disposal of appeals and principles for determining vending zones.
The local authority may evict the street vendor, if he
consistently fails to comply with the provisions of the Bill. The goods of the
vendors may also be confiscated in the manner specified in the street vending
scheme.
The local authority can relocate the street vendors for
creating public nuisance or for obstructing public movement. In this case the
street vendor shall be entitled to a new vending site. The local authority
shall give seven days’ notice to the street vendor before relocating or
evicting him. A maximum penalty of Rs 2000 may be imposed on a street vendor if
he vends without a vending certificate, beyond the designated zone or specified
timings; or violates the terms of the vending certificate or any other
provisions of the bill. The penalty will be decided by the local authority.
Shortcomings of the Bill
The Bill requires the street vending plan to be framed by
the local authority in consultation with the planning authority. The Bill does
not require the stakeholders to be consulted in the formulation of the street
vending plan. This could lead to a lack of safeguards in ensuring that the plan
is determined in a fair manner. The TVC with wider representation is also not
being consulted while framing the street vending plan.
The Bill does not specify the principles to be considered
by local authorities in issuing vending certificates, allocating vending zones
and determining the number of vendors per zone, or the public purpose for which
vendors may be relocated. Absence of such norms to address competing objectives
of the Bill could defeat the purpose of enacting a law to ensure uniformity in
the legal framework.
It is not clear whether there are adequate safeguards in
ensuring that the plan is effective and that vending zones are decided in a
fair and transparent manner.
The current Bill also differs with state laws on the
mechanism for dispute resolution, TVC’s power to identify and designate vending
zones and determine the vending capacity of each zone.
The Standing Committee also suggested making the Bill
applicable to the Railways and consultation with the TVC on the vending plan.
Conclusion
In regulating urban street vending activities, the Bill
aims to balance three key objectives: securing the right to livelihood of
street vendors, ensuring congestion free public spaces and streets, and
convenience of vending services for customers.
The Bill provides a broad framework for registration of
street vendors, grounds for relocation, eviction and confiscation of goods,
functions of the local authority and Town Vending Committee, and a grievance
redressal mechanism.
The Statement of Objects and Reasons of the Bill says the
law is proposed for “ensuring uniformity in the legal framework across states
and union territories”. The big question is that the bill should not make
street vendors victims of 'license raj' and must try to remove all bottlenecks
in the way of proper implementation of the measure to provide social security
to them.
QUESTION that can be formed on the present article:
·
The Street Vendors (Protection
of Livelihood and Regulation of Street Vending) Bill, 2012 is an encroachment
of the powers of the state by the center. Comment?
·
The Street Vendors (Protection
of Livelihood and Regulation of Street Vending) Bill, 2012 provides is just a
makeover of the the Model Street Vendors (Protection of Livelihood and
Regulation of Street Vending) Bill passed in 2009. Critically analyze the
statement?
·
What are the shortcomings of
the Street Vendors (Protection of Livelihood and Regulation of Street Vending)
Bill, 2012?
·
Write a short note on Town Vending Committee (TVC)?
References
Name – Ankit Agarwal
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