Syllabus
GS Paper 2 – Welfare Schemes for Vulnerable Sections of the population by the Centre and States and the Performance of these Schemes; Mechanisms, Laws, Institutions and Bodies constituted for the Protection and Betterment of these Vulnerable Sections.
Context
The implementation of the Street Vendors Act, which is hailed as an advanced legislation, is now encountering several obstacles.
Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act
Introduction
It’s been ten years since the enactment of the Street Vendors Act on May 1, 2014. This Act, a result of nearly 40 years of legal developments and relentless efforts by street vendor movements across India, was a significant landmark. Despite being lauded as forward-thinking legislation; it is now confronting a multitude of implementation challenges.
Street Vendors in India
- Definition of Street Vendor: A Street Vendor is defined as an individual who sells goods to the general public without the use of a permanent built-up structure.
- Types of Street Vendors: Street vendors can be categorized into two types: stationary vendors who occupy space on pavements or other public/private spaces, and mobile vendors who move from place to place, carrying their goods on push carts or in baskets on their heads.
- Population of Street Vendors in India: According to a report by the Ministry of Housing and Urban Poverty Alleviation, there are over 10 million street vendors in India.
- Reasons for Street Vending: Factors such as poverty and unemployment often drive individuals from rural areas to urban areas to become street vendors.
- Income of Street Vendors: A study conducted in Mumbai revealed that the per capita income of 53% of street vendors was just ₹20 per day.
Position of street vendors
- Historical Presence of Street Vendors: Street vendors have been a common sight in our country since ancient times. However, they are often viewed as a public nuisance by middle and upper-middle-class individuals who vehemently demand the restoration of pavements.
- Role and Challenges of Street Vendors: Street vendors play a crucial role in the urban distribution system by providing easy access to various goods like vegetables and food. However, they often face humiliation, harassment, and threats from police officers and local governing body inspectors. It’s not uncommon for municipal authorities to demand bribes from these vendors.
- Health Risks for Street Vendors: Street vendors, who spend most of their working hours in the open road, are susceptible to various diseases such as hyperacidity, hypertension, tuberculosis, and high blood pressure. The lack of toilet facilities particularly affects women vendors, leading to urinary infections and kidney ailments.
Provisions under the Indian Constitution
- Article 14: This article emphasizes equality before the law and equal protection for all.
- Article 19(1)(g): This provision guarantees the freedom to practice any profession.
- Article 21: This article ensures protection against the deprivation of life and personal liberty.
- Directive Principles: Article 38(1) This directive instructs the state to promote the welfare of the people by securing a social order in which justice – social, economic, and political, shall inform all institutions of national life.
- Article 38(2): This article directs the state to minimize the inequalities in income status, facilities, and opportunities.
- Article 39(a): This provision directs the state to formulate policy to ensure that citizens, men and women equally, have the right to an adequate means of livelihood.
- Article 41: This article specifically provides for the ‘right to work’ within the limits of the economic capacity of the state.
Government’s Initiatives for Street Vendors
- SVANidhi Scheme: The SVANidhi Scheme was initiated to assist over 50 lakh street vendors who have been vending in urban and surrounding peri-urban/rural areas.
- Promotion of Digital Transactions: The scheme also aims to encourage digital transactions by offering cash-back incentives up to an amount of Rs. 1,200 per annum.
- National Association of Street Vendors of India (NASVI)NASVI: is an organization dedicated to protecting the livelihood rights of thousands of street vendors across the country.
- Objective of NASVI The primary goal of NASVI was to unite street vendor organizations in India to collectively advocate for macro-level changes.
Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014
- Legal Framework for Street Vending: The Act aims to establish a legal framework for street vending, ensuring vendors can conduct their business without harassment, while also addressing urban planning and management concerns.
- Registration of Street Vendors: The Act mandates the formation of Town Vending Committees (TVCs) in every local authority area to regulate street vending. Street vendors are required to register with the TVC to operate legally.
- Identification of Vending Zones: The Act emphasizes the creation of vending zones or vending sites within urban areas where street vending activities can take place without causing inconvenience to pedestrians or traffic.
- Protection from Eviction and Harassment: Registered street vendors operating within designated vending zones are protected from arbitrary eviction or harassment by local authorities.
- Transparent and Non-Discriminatory Regulation: The Act promotes transparent and non-discriminatory mechanisms for the allocation of vending spaces and the regulation of vending activities.
- Social Security Measures: The Act includes provisions for the social security of street vendors, such as access to credit facilities, insurance schemes, and welfare schemes.
- Penalties for Violations: The Act specifies penalties for various offenses, including vending without a certificate of vending, obstruction of vending activities, or failure to comply with the orders of the TVC.
Challenges in Street Vendors Act
- Lack of Awareness: There exists an outdated bureaucratic mindset that perceives vendors as illegal entities to be removed. A widespread lack of awareness and understanding about the Act is evident among state authorities, the general public, and the vendors themselves. Town Vending Committees (TVCs) often remain under the control of local city authorities, with minimal influence from street vendor representatives. The representation of women vendors in TVCs is largely symbolic.
- Inadequate Implementation: Despite the establishment of TVCs, the Act’s implementation varies greatly across different states and municipalities. In some areas, TVCs may be inactive or ineffective, leading to inconsistent enforcement of regulations and protection of vendors’ rights.
- Limited Vending Zones: The process of identifying and allocating vending zones has been slow in many urban areas, resulting in overcrowding and competition for limited vending space. In some cases, designated vending zones may not be easily accessible or lack basic amenities, reducing their appeal to vendors.
- Resistance from Local Authorities and Urban Residents: The prevailing image of the ‘world-class city’ tends to be exclusionary. It marginalizes and stigmatizes street vendors as obstacles to urban development, rather than recognizing them as legitimate contributors to the urban economy.
- Challenges in Enforcement: Enforcing the Act’s provisions, including registration requirements and penalties for violations, can be challenging due to limited resources and capacity within local authorities. As a result, street vendors may continue to operate illegally or face arbitrary enforcement actions.
- Conflict with Urban Planning Priorities: The Act’s emphasis on protecting the livelihoods of street vendors may conflict with urban planning priorities, such as traffic management, pedestrian safety, and aesthetics. Balancing the needs of vendors with broader urban development goals remains a significant challenge.
Way forward
- Top-Down Management: The Act, while being progressive and detailed, necessitates support for its implementation. This might require a top-down direction and management, starting from the Ministry of Housing and Urban Affairs.
- Decentralisation Over Time: Over time, there is a need to decentralise this management to effectively address the diverse needs and contexts of street vendors nationwide. PM SVANidhi, a microcredit facility for street vendors, serves as a positive example in this direction.
- Enhancing Capacities of ULBs: There is a strong need to decentralise interventions, enhance the capacities of Urban Local Bodies (ULBs) to plan for street vending in cities, and transition from high-handed department-led actions to actual deliberative processes at the Town Vending Committee (TVC) level.
- Amendment of Urban Schemes: Urban schemes, city planning guidelines, and policies need to be amended to include street vending.
Reference: The Hindu
Related PYQs
Does the Rights of Persons with Disabilities Act, 2016 ensure effective mechanism for empowerment and inclusion of the intended beneficiaries in the society? Discuss.
Practice Question
Discuss the problems faced by street vendors and also the rights available to them. (150 words)
How to approach this question?
Introduction:
- Start by briefly defining who street vendors are and their role in the urban informal economy.
- Mention the significance of the topic in the current context.
Body:
- Problems Faced by Street Vendors: Discuss the various challenges faced by street vendors such as lack of legal recognition, eviction and confiscation of goods, lack of access to credit, etc. Use examples or data if possible.
- Rights of Street Vendors: Discuss the rights available to them as per the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. Highlight the key provisions of the Act like protection from eviction, right to carry on business on footpaths and public spaces, etc.
Conclusion:
- Conclude by emphasizing the need for effective implementation of laws and schemes for the welfare of street vendors.
- Suggest some measures for the same, like awareness generation, capacity building of Urban Local Bodies, etc.
Remember to provide a balanced answer, incorporating relevant facts and figures, and propose feasible solutions. Structure your answer well, with a clear introduction, body, and conclusion. Also, ensure that your answer is within the word limit specified for the exam. Good luck!