For verification of this paper, please visit on http://www.socialresearchfoundation.com/remarking.php#8

India, as we know is home to 18 of the world’s total population. Despite unending efforts of the government of our country, the possibility of generating employment opportunities for such a big pool of people is nowhere near satisfaction and if there would be no efforts on one’s personal level a shocking counting of population would die of starvation. Hence, one of the many self- employment means that are resorted to by a large no. of population of our country is Street Vending . [1] Occupation of Street Vending is a global phenomenon[2]. Who needs to earn a living for them, it is one of the few readiness available avenues of employment and earnings[3]. Almost in all countries majority people by selling their goods or providing services in the Streets, side paths and public places and thereby their livelihood[4]. In past it was opined that with the growth of highly economic status and modern retailing advancement in the form of malls, big show room, departmental stores the occupation or profession of Street Vending would gradually disappear[5]. At present this occupation not only subsists but probably has been expanding almost in the whole world countries including the advanced and industrialised countries[6]. It also expands its scope even in those countries where local laws and regulations have tried to ban or restrict its scope[7]. Actually, around the world at large this growing proportion of informal sectors workforce operates on the streets, footpath’s, sidewalks and public places without any enclosed or covered workspace[8].At global level free trade and removal of licences are stressed upon. But this informal sector who actually creating this occupation for themselves as well as to provide goods or services at cheaper rate have to take permission to start such economic activities[9]. Some people also feels that their presence at the pavements and on the streets is a menace for the general community[10]. National Association of Street Vendors (NASVI) is an organisation working for the protection of livelihood rights of thousands of Street Vendors across the country beginning as a network in 1998 and gets registered in 2003 under the societies registration Act of 1860. The government of India also has not taken the back seat when it comes to the development and protection of the rights of Street Vendors. With the intensified efforts of NASVI the historic legislation of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 was enacted by the parliament of India in 2014. This Act is a culmination of a decade long activism by civil society organisations and over a 30 tear legal battle (beginning in the late 1950’s) for the rights of Street Vendors and effective initiative was taken by the Central Govt. by hosted a roundtable with various stakeholders to discuss an effective implementation strategy for this Act[11]. Meaning and Definition National commission for enterprises in the unorganised sector (NCEUS) in its National Policy on urban Street Vendors in May, 2006 has widely defined the concept of Street Vendors as a person who offers goods or services for sale to the public without any permanent build up structure in a street or on footpath. The policy recognised that there are three categories of Street Vendors; Firstly, who carry out vending activities on regular basis with specific locations. Secondly, who do not vend on regular basis and without any permanent or specific locations i.e (weekly bazars, holidays, festivals) and thirdly, who move from one place to another for vending i.e (mobile vendors). Therefore, Stationary or regular vendors vends on roads or pavements or other public places and or private areas with implicit/explicit consent[12]. Some are carrying their wares on push carts/ bicycles in the bags/ baskets in hand or on head etc. In this way this term has wide meaning and includes local/ regional specific terms used to explain such people as the hawkers, peddlers, squatters, Pheriwalas, rehriwalas, footpath dukandars, side-walk traders etc. According to National policy on urban Street Vendors (NPUSV) 2004 explain as “a person who offers goods or services for sale to the public without having a permanent built up structure but with a temporary statics structure or mobile stall (or head load). This Informal sector may be stationary by occupying space on the pavements or other public/private areas or may be mobile in the sense that move from place to place and carrying their wares in moving trains, buses etc. The term urban Street Vendor in the policy includes traders and service providers[13]. The revised national policy for urban Street Vendors, 2009 also categorised this informal sector into three types (a) Stationary Vendor, who carries vending activities on regular basis at specific location and either on pavement or public places along with the implicit/explicit consent of the authorities (b) Peripatetic Vendors are those who continues their occupation on foot by carrying wares on head or slung on their shoulders and also used pushcarts for this purpose (c) Mobile Vendors used bicycle or mobile units on wheels, whether motorized or not and includes buses, local trains etc[14]. Now, according to present legislation the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 explains Street Vendors as “a person engaged in the vending of articles, goods, wares, food items or merchandise of everyday use or offering services to the general public in a street lane, sidewalk, footpath, pavement, public park or any other public place or private area of by moving from place to place and includes hawker, peddler, squatter and all other synonymous terms which may be local or region specific”. Street Vendors constitute as subset of those engaged in retail trade, even a subset of those who are self- employed in retail trade. These self-employed vendors can be considered as micro entrepreneurs[15].

The Book titled “Working a democratic constitution: A history of Indian experience”[16] has explained that these provisions have time and again come to the rescue of helpless vendors when victimized by the law enforcement agencies i.e police or municipal authorities who frequently carry out anti-encroachment drives. It also talks about certain policies were enacted to safeguard the rights and interests of the Street Vendors in India in 2004 and later on certain changes were made in the same in 2009. The Book titled “Empowering the Street Vendors in changing cities” A case study of Bhubneswar(Orissa)[17] discusses major arguments in favour of Street Vending as (a) This occupation contributes directly to overall level of economic activity and to the provisions of goods and services. (b) Citizens have constitutional right to choose their occupation and to engage in enterpreunial activities (c) Street Vending is an actual or potential source of government tax revenues (d) Street Vending serves as a social safety net (e) Street Vending is a laboratory for entrepreneurship, family business and social interactions (f) Street Vending provides entrepreneurial opportunities to people who cannot to afford buy or rent fixed premises (g) Street Vending greatly expand the range places and times where goods and services can be provided and some- times they also offers goods and services which are not available in off street locations (h) Street Vending brings life to dull street (i) Because of its low capital requirements and its potential mobility, Street Vending is a very effective way to cater for seasonal sporadic and special demands (j) Street Vending offer its workers considerable flexibility in working hours and levels of activity. “Street Entrepreneurs: People, Place and politics in local and global perspective”[18] titled book along with discussion of term Street Vendors, it also mentions the reasons for increase of Street Vending occupation mainly in developing countries of Asia, Latin America and Africa. According to it first reason due to lack of gainful employment coupled with poverty in rural areas has pushed people out of their villages in search of better existence in the cities. Secondly, workers employed in the formal sector lost their jobs due to closures, down-sizing or merges in the industries they or their family members had to seek for low paid work in the informal sector in order to survive. In another book titled “Establishing oversight for Indian Street Vendors Act”[19] has explained regarding implementation of the present Central Act in a practical manner and has pointed out that how women vendors get benefit from it or how for the legislation is in favour of her and simultaneously discusses regarding the formation of vending committee as per Act mandate by the appropriate government along with it also criticize about the formation of committee only of 10 out of 29 states due to result of lack of awareness and/or active disregard by the corresponding authorities.

Judicial Approach

In India, even after sixty years of independence of recognition of fundamental rights and adoptions of socialism as basic structure in our Constitution, the poor and the impoverished remain unarmed in their battle against an indifferent to atrocious administration. Every day one reads of the harassment that welcomes Street Vendors. The police and the urban local bodies work hand in glove to loot and suffocate the Street Vendors. Such an approach becomes easy due to lack of any statutory protection until the present law, this informal did not have any definite legal status. They were governed by the rules formed by the urban local bodies if any made. This informal sector in most of the region in india have been denied any recognition and protection. They have lacked institutional support and have no access to finance, credit or even a supportive and hassle free environment to work. But in India judiciary has given much contribution in favour of this informal sector to raise their level by passing number of judgements[20].

Government as trustee of public property  

The Supreme Court in Olga Tellis v. Bombay Municipal Corporation[21] denied the status of Street Vendors as a trespasser and held that they have also right to livelihood provided under article 21 because their occupation on pavements arises from economic compulsion and pressed on to determine the competing conflict of the right of pavement dwellers on one hand and the pedestrians on the other along with this declared state as trustee on the behalf of public. The members of the public are entitled as beneficiaries to use them as a matter of rights and this right is limited only by the similar rights possessed by every other citizen to use the pathways.

Fundamental right to carry on trade, occupation or business under article 19(1)(g)

It is heartening that our Supreme Court which has always stood for the common man came to the rescue of Street Vendors and declared that the Street Vendors enjoyed a fundamental right to carry on their trade as is envisaged in article 19(1)(g) along with reasonable restrictions mentioned therein. Therefore, the Supreme Court held that if the circumstances are appropriate, small traders can do their business for their personal gain on the pavement to the advantage of the general public and without any discomfort or annoyance to the others.

State legislature authorized to formulate scheme independent of court verdict

The Apex court in Maharashtra Ekta Hawkers Union v. Municipal Corporation, Greater Mumbai[22] directed the state legislature entitlement for formulation of a scheme independent of the court verdict but must be consonance with the national policy for Street Vendors. Again through this verdict the judicial organ gives much powers to the State Govt. to formulate a scheme for the proper implementation of the present Act in its true spirt.

Suo-motto notice qua vices of the Act

The Punjab and Haryana High Court justice Rawal took Suo-motto notice regarding the interpretation of Street Vendor in definition clause of the present Act and pointed that by implementing this there would be no place for pedestrians in aby town, city to walk on and feels need that it should be redefined/redrafted by the Central Govt. in the interest of whole society[23].

Lacunae of present law

The present Act of 2014 for this informal sector aimed at protection of livelihood and regulation of street vending was the cumulative effect of the continuous struggles of Street Vendors all over the country. It is indeed a historical achievement in our legislative process that our government supported the cause of the weak and the downtrodden and provided them with legal protection[24]. An Act cannot be said to be implemented based merely on the fulfilling of statutory requirements. One of the most essential requirements to gauze the effective implementation of the Act would be to accesses if the Act has succeeded in its primary objective. It is not denied that in a country like India, administrative process may take time. What is imperative is that which the administration is working on the provisions of the Act, the intended beneficiaries be kept in the loop and are in a position to appreciate the change that legislation brought in their legal and social status[25]. Now, although this Act is an effective attempt to secure and protect the rights of the Street Vendors but it has some lacunae which are as followings –

a.     The Present Act mention registration for Street Vendors but does not prescribe procedure and documents required while applying for registration.

b.     This Act exempts its applicability to any land, premises and trains owned and controlled by the railways. In spite of railway vendors provide facilities to the passengers this Act does not provide security to this informal sector.

c.     This Act is only preventive in nature expressed through section 27 of the Act. It prevents govt. authorities and police officers to interfere in the work of registered Street Vendors. But this Act lack of procedure or steps to be taken against these authorities if they interfere In the work of registered Street Vendors.

d.     This present Act is in conflict with the juvenile justice (Care and Protection of Children) Act because under Street Vendors Act license can be granted to a person who complete fourteen years of their age. But actually such a child is in of need of care and protection according to the Act.

e.     This present Act also violates the basic principle of separation of powers between different organs enshrined under Indian Constitution because violation of terms and conditions and vending without certificate penalized by the local authority, but who is actually purely executive body with no judicial officers making section 28 unconstitutional.

f.      Under Present Act according to Sec.5 a Street Vendor has to ensure while applying for certificate of vending that he or she has no other means of livelihood except street vending.  But this occupation is not a highly paying and majority of this informal sector taking up alternate jobs in order to support their families. This Provision could act as a hindrance in incentivising vendors to apply for certificates of vending. It might be problematic for  authorities to check whether vendors are taking up other jobs.

g.     The present Act is meant to focus on the rights of Street Vendors in order to empower them with the local authorities. In this connection chapter III codified for the rights and obligation  of Street Vendors but under this it only specifies that vendors have the ‘right to vend’ and  not rights of Street Vendors that are currently being exploited. The state needs to assure upholding of their fundamental rights like Freedom of Speech, Freedom to Occupy Public Space, Freedom to Protest which are continuously being mocked by the local authorities.

h.     This present Act override the State law during confliction between them even if the later secure the rights of this informal sector and former law imposed a condition or restriction  with respect to vending rights of the Street Vendors.

Legal Provisions

To preserve the progressive welfare of the state by protecting and implementing the rights of this informal sector the law makers have thought of enacting welfare laws in favour of them. The Government of India has enacted various provision to protect and regulate the rights which are in the following:

Constitutional Provisions[26]

The Indian Constitution is a social document and the majority of its provisions are aimed at promoting equality, justice, fraternity and liberty by establishing the favourable conditions required for its achievement -

Equality before law equal protection of law - According to article 14 “The state shall not deny to any person equality before law and equal protection of law with in the territory of India”. It is held by the Supreme in State of West Bengal v. Anwar Ali Sarkar that it is difficult to imagine a situation in which the violation of the equal protection of law will not be the violation of equality before law. Therefore, all the Street Vendors are at equal footing with other persons of the society to enforce their fundamental right to livelihood.

Freedom of profession, occupation, trade or business – According to article 19(1)(g) all the citizens shall have the right to practise any profession or to carry on any occupation, trade or business. By this a citizen’s right to carry on a trade or profession of his choice is guaranteed. Hawkers and Street Vendors including artistry construction workers are among the self-employed people in India.

Protection of life and personal liberty – Through article 21 protection of life and personal liberty framed in the Constitution aimed to build a welfare society and a democratic social order in the country. Hawkers and Street Vendors being a deprived and harassed section of our society take protection and find justice under these ideals enshrined in our Constitution.

Equality right to livelihood ­– Under directives principles of state policy in article 39 state has to directs its policy for its people adequate means of livelihood to citizens irrespective of men and women both have the right to an adequate means to livelihood. In this way the state cannot discriminate between men and women while making any provision for granting licences to vend in public places to hawkers, peddlers and vendors.

Promotion of economic interests of scheduled castes and other weaker sections – Under article 46 the state shall promote economic interests of the weaker sections of society in particular of the scheduled castes and scheduled tribes to protect them from social injustice and all forms of exploitation. Through this economic interests of this informal sector can be raised up to maximum extent.

Provision under universal declaration of human rights[27] – Universal declaration of human rights is a historic document that was adopted by the united nations general assembly at its 183^rd session on 10 December,1948 as resolution 217 at the Palais De Chaillat in Paris, France-

Right to an effective remedy - Through article 8 violation of rights provided under Constitution and statutory enactment can be protected by approaching the national tribunal by these informal sector. Resultantly rights of their livelihood can be safeguarded.

Right to work – Under article 23 of Universal declaration of human rights provides right to work and free to choice of employment under just and favourable conditions of work along with protection from unemployment to every person. Although these Street Vendors have right to do work in the public places but under some restrictions so that balance of convenience to the whole society to be maintained.

Provision under child and adolescent labour (prohibition and regulation) Act, 1986[28] - This Act is prohibiting the engagement of child in certain employment and there by regulate the conditions of work in other employments –

Prohibition of employment of children in occupations and processes – According to section 3 there is specifically prohibition of child work in the occupations part A of the schedule in point three includes Street Vending under which it restrains the child to work in a catering establishment at a railway station involving the movement of a vendor or any other employee of the establishment from one platform to another or into or out of a moving train.

Provisions under unorganised worker social security Act, 2008[29] – For the extension of social security towards the weaker section of the society and make social security meaningful for almost around 40 crores unorganised workers in India the Central govt. has notified the unorganised worker social security Act, 2008 –

Social security schemes by Central govt. – Under section 3 of the Act Central govt. provides social security in the form of schemes from time to time under schedule -1 i.e life and disability cover, health and maternity benefits, old age protection, Indira Gandhi national old age pension scheme, national family benefit scheme, Janani suraksha Yojna. The Central govt. also under takes schemes as it thinks fit and for this purpose can amend the schedule of the Act.

Social security schemes by state govt. – For this informal sector state also provided various welfare schemes under section 3(4) of the Act in the form of provident fund, housing, educational schemes for children, funeral assistance and old age homes.

Quantitative Method used for this study.

To cater the needs of the urban populace the Street Vendors or hawkers are very essential for a city. But very sadly this informal sector received raw treatment from the local authority and other state apparatus even after the independence in spite of various provisions in Indian Constitution and other statutory enactments. They are harassed very much and are regularly victimized by the officials of the local authorities, police etc

1. http:// nasviindia.wordpress.com/ visited on 30.10.2021.
2. International Labour Office, “6th Report of Decent Work and the Informal Economy” (2002).
3. Cohen, et al, 2000.
4. Bhowmik, 2005.
5. Todaro, 1960; Emmerji, 1974.
6. International Labour Office, “6th Report of Decent Work and the Informal Economy” (2002).
7. Cohen, et al, 2000.
8. Ramanujam and Awasthi, 1994; Kundu, 2001; ILO, 2002.
9. NCEUS, 2007.
10. Manjit Singh, “Right to Livelihood Under Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014- An Analysis” 42 (2) Indian Bar Review 87 (2015).
11. http://ease of doing business. Org/ sites/default/files/resources/rules under SV act final. Pdf.
12. NCEUS, 2006.
13. Available at http://nasviindia.wordpress.com/ about-nasvi-national-association-of-street-vendors-of-India Visted on October 30, 2021.
14. Ibid.
15. Ibid.
16. Austin Granville, Working a democratic constitution: A history of Indian Experience, Oxford University Press, (2nd edition, 2003). ISBL 978-01-9855-610.7.
17. Randhir Kumar and Arbind Singh, Empowering the Street Vendors in changing Indian Cities A case study of Bhubneswar (Orissa), 2009, Also available at http:// nasvi.net.org.in Visited on November 2, 2021.
18. Cross J.C and A. Morales, Ed. Street Entrepreneurs: People, Place and Politics in local and global perspective, Routledge, London, 2007 Pp. 51-85.
19. Radhika Mehlotra and Skye Allmong, Establishing oversight for Indian Street Vendors Act.
20. Sharit K. Bhowmik, “Street Vendors Asia: A Review” Economic and Political weekly (2005).
21. AIR 1986 2SCR 180.
22. ALE 2007(3) SC 24.
23. The Tribune November 28, 2018.
24. K.D. Gangrade, “Empirical Methods as Tools of Research” 2/3 Journal of Indian Law Institute 635 (April-Sept. 1982).
25. Devanathan V,” Corporation Starts Count of Urban Street Vendors” The Times of India (2014). Also available at: http://times of India.Indiatimes.com visited on December16, 2021.
26. Narinder Kumar, Constitutional Law of India 261 (Allahabad Law Agency, Haryana, 8th edn., 2011).
27. Available at: https://www.human rights.gov.au (last visited on July 20, 2019).
28. Child and Adolescent Labour (Prohibition and Regulation) Act ,1986 (Act 61 of 1986).
29. The Unorganised Workers Social Security Act, 2008 (Act 33 of 2008).