Safe Footpaths and Street Vendor Rights

Balancing Safe Footpaths And Street Vendors’ Livelihood Rights Together

Why in the News ?

Following the Supreme Court’s recognition of the right to walk on safe, obstruction-free footpaths as a fundamental right, Bengaluru launched a large-scale Safe Footpath Drive. The eviction of street vendors has sparked debate over compliance with the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

Street Vendors Act and Bengaluru Footpath Drive

  • The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 was enacted to regulate street vending while balancing the right to livelihood of vendors with the public’s right to safe and obstruction-free footpaths.
  • The Act does not prohibit eviction of street vendors; rather, it mandates a legal and transparent process before any removal or relocation takes place.
  • Before vendors can be evicted, authorities must constitute a Town Vending Committee (TVC), conduct a comprehensive survey, identify eligible vendors, and issue Certificates of Vending.
  • The Act also requires the TVC to identify vending zones, restricted vending zones, and no-vending zones, ensuring orderly urban planning and fair regulation.
  • The Bengaluru Safe Footpath Drive has come under scrutiny because removals reportedly began before the constitution of a TVC, completion of vendor surveys, and issuance of vending certificates, raising concerns regarding compliance with the Act.

Issues and Significance

  • Street vending provides employment and livelihood to millions of workers in the informal economy, making it an important component of urban economic activity.
  • Arbitrary evictions without following statutory procedures can violate the fundamental right to livelihood guaranteed under Article 19(1)(g) and interpreted through Article 21 by the judiciary.
  • At the same time, encroached footpaths restrict pedestrian mobility, affect accessibility for elderly persons, children, and persons with disabilities, and compromise urban safety.
  • Effective urban governance requires balancing the interests of pedestrians, street vendors, local authorities, and city planning objectives, rather than prioritising one right over another.
  • Strengthening participatory institutions such as Town Vending Committees can promote transparent decision-making, minimise conflicts, and ensure inclusive urban development.

About Street Vendors Act, 2014 :

●  The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 provides a legal framework for regulating street vending while safeguarding vendors from arbitrary eviction and protecting their right to livelihood.

●  The Act mandates the constitution of a Town Vending Committee (TVC) in every local authority. At least 40% of its members must be street vendors, with adequate representation for women, Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), and other stakeholders.

●  The Town Vending Committee is responsible for conducting surveys, issuing Certificates of Vending, identifying vending, restricted, and no-vending zones, and recommending relocation where necessary.

●  The Act explicitly provides that no street vendor shall be evicted or relocated until the survey has been completed and Certificates of Vending have been issued, except in accordance with the prescribed legal procedure.

●  The legislation is based on the constitutional principles of Article 19(1)(g) (Freedom to practice any profession or carry on any occupation) and Article 21 (Right to Life and Livelihood), while promoting inclusive, participatory, and sustainable urban governance.