A DECADE OF STREET VENDORS ACT
SYLLABUS:
GS 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.
Focus:
- A decade has passed since the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act came into effect on May 1, 2014, marking a significant milestone
Source: WEIGO
Understanding Street Vendors
Definition:
- Nature of Business: A street vendor is defined as someone who sells goods to the public without a permanent built-up structure. This can include various forms of mobile or stationary setups.
- Location and Mobility: They might occupy public or private spaces such as pavements or move around with their wares on pushcarts or carrying baskets on their heads.
Population Insights:
- Global Presence: There has been a significant increase in the number of street vendors in major cities worldwide, particularly in developing regions like Asia, Latin America, and Africa.
- Statistics in India: Approximately 49.48 lakh street vendors have been identified across India, with the highest numbers in Uttar Pradesh (8.49 lakh) and Madhya Pradesh (7.04 lakh).
- Regional Variation: In contrast, Delhi hosts about 72,457 vendors, while no vendors have been identified in Sikkim.
Constitutional Provisions in India
- Right to Trade: Article 19(1)(g) grants every Indian citizen the fundamental right to practice any profession, or to carry on any occupation, trade, or business.
- Equality Before the Law: Article 14 ensures that no person shall be denied equality before the law or the equal protection of the laws within Indian territory.
- Social Justice Goals: The preamble emphasizes India’s commitment to justice—social, economic, and political—and aims for equality of status and opportunity under a sovereign, socialist, secular, and democratic governance structure.
Directive Principles for State Policy:
- Article 38(1): The state is directed to promote the welfare of the people by securing a social order infused with justice, influencing all national institutions.
- Article 38(2): It calls for minimizing inequalities in income, status, facilities, and opportunities.
- Article 39(a): The state should ensure that all citizens, regardless of gender, have the right to an adequate means of livelihood.
- Article 41: Advocates for the ‘right to work’, conditional on the state’s economic capacity.
Provisions of the Street Vendors Act
- Acknowledgement of Vendors’ Role: The Act recognizes the crucial roles street vendors play in city life, providing affordable daily services and contributing to the urban economy.
- Protection and Regulation: It aims to protect and regulate street vending with state-level rules, urban local bodies (ULBs) executing through by-laws, planning, and regulation.
- Vending Zones and Certificates: Commits to accommodating all existing vendors in designated vending zones and issuing vending certificates to legitimize their operations.
- Governance Structure: Establishes Town Vending Committees (TVCs) with mandatory 40% street vendor representation, including a sub-representation of 33% for women.
- Dispute Resolution: Introduces a Grievance Redressal Committee chaired by a civil judge or judicial magistrate to handle disputes and grievances.
Challenges in Implementation
- Administrative Hurdles: Notable increase in harassment and evictions despite the Act’s protection clause, largely due to bureaucratic inefficiencies and lack of awareness.
- Governance Issues: Weak urban governance mechanisms and poor integration with other urban development schemes like the Smart Cities Mission.
- Societal Barriers: Societal perceptions often stigmatize street vendors as obstacles to urban development, marginalizing them in the process.
- Tokenistic Representation: Although the Act mandates significant representation of vendors in TVCs, this often remains tokenistic, particularly for women vendors.
- Inadequate Resources and Powers: ULBs often lack the necessary powers and resources to effectively implement the Act and support street vendors.
The Way Forward
- Top-Down Support and Decentralization: Initial top-down direction and support from higher government levels are essential, followed by gradual decentralization to address local vendor needs effectively.
- Enhancing ULB Capacities: Strengthening the capabilities of ULBs to plan and manage street vending within cities and incorporating these plans into broader urban development policies.
- Integration with Urban Schemes: Amending urban schemes and city planning guidelines to include provisions for street vending, ensuring they are not sidelined in urban development.
- Addressing New Challenges: Adapting the Act’s provisions to address emerging challenges like climate change, increased competition, and the impact of e-commerce.
- Innovative Measures in National Policies: Including street vendors as a key component in the National Urban Livelihood Mission and devising innovative strategies to support their livelihoods in changing urban landscapes.
PM Street Vendor’s AtmaNirbhar Nidhi (PM SVANidhi) Scheme:
Eligibility Criteria:
Implementation Agency:
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Source:The Hindu
Mains Practice Question:
“Discuss the effectiveness of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, in providing a balanced framework for the livelihood protection and regulation of street vendors in urban India. Critically evaluate the challenges in its implementation and suggest measures for its better enforcement.”
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