Evaluation of Street Vendors Act, 2014
Kartavya Desk Staff
#### GS Paper 2
Syllabus: Governance
Source: TH
Context: The Street Vendors Act, implemented in 2014, faces challenges despite being hailed as progressive.
Who are Street Vendors?
Street vendors are individuals who sell goods or services in public spaces such as sidewalks, streets, or markets. They often operate small businesses, selling a variety of items ranging from food and beverages to clothing, accessories, and household goods. In India, approximately 50 lakh street vendors have been identified. Uttar Pradesh leads with over 8 lakh, followed by Madhya Pradesh with over 7 lakh.
Significance of Street Vendors:
Street vendors (comprising an average of 2.5% of the city population) play a crucial role in urban India by serving diverse functions, including providing essential daily services like fresh produce and affordable food. They are integral to Indian culture, contributing iconic dishes like Mumbai’s vada pav and Chennai’s dosai.
Constitutional Provisions Related to Street Vendors in India:
Constitutional Provision | Description
Right to Trade | Article 19 (1) (g) grants Indian citizens the fundamental right to practice any profession and carry on any occupation, trade, or business.
Equality Before Law | Article 14 ensures that the state cannot deny any person equality before the law or equal protection of the laws within India’s territory.
Social Justice | The preamble declares India as a sovereign, socialist, secular democratic republic, aiming to secure justice, social, economic, and political.
Directive Principles | Article 38(1) instructs the state to promote the welfare of the people by establishing a social order where justice is prevalent in all aspects.
Article 38(2) mandates the minimization of inequalities in income, status, facilities, and opportunities.
Article 39(a) requires the state to create policies ensuring both men and women have the right to adequate means of livelihood.
Article 41 guarantees the right to work within the state’s economic capacity.
About Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014:
It was enacted to address the challenges faced by street vendors in India by regulating their activities and safeguarding their rights. This legislation aimed to create a conducive environment for street vendors to carry out their businesses while also protecting their interests.
Objectives of the Street Vendors Act, 2014:
• Regulation of Street Vending: The Act aims to regulate street vending activities by demarcating vending zones and implementing a participatory process for the formation of Town Vending Committees (TVCs). Town Vending Committees (TVCs) will comprise street vendor representatives comprising 40% of members, including 33% women. These committees oversee vendor inclusion and address grievances. The Street Vendors Act ensures the inclusion of all existing vendors in vending zones by issuing vending certificates
• The Act aims to regulate street vending activities by demarcating vending zones and implementing a participatory process for the formation of Town Vending Committees (TVCs).
• Town Vending Committees (TVCs) will comprise street vendor representatives comprising 40% of members, including 33% women. These committees oversee vendor inclusion and address grievances.
• The Street Vendors Act ensures the inclusion of all existing vendors in vending zones by issuing vending certificates
• Protection of Livelihoods: The Act intends to protect the livelihoods of street vendors by providing legal recognition for their occupation and preventing arbitrary evictions.
• The Act intends to protect the livelihoods of street vendors by providing legal recognition for their occupation and preventing arbitrary evictions.
• Promotion of Inclusive Urban Development: The Act seeks to promote inclusive urban development by integrating street vendors into the urban planning process and ensuring their participation in decision-making.
• The Act seeks to promote inclusive urban development by integrating street vendors into the urban planning process and ensuring their participation in decision-making.
• Ensuring Social Security and Welfare: The Act aims to improve the social security and welfare of street vendors by providing them with access to credit, social schemes, and protection against harassment.
• The Act aims to improve the social security and welfare of street vendors by providing them with access to credit, social schemes, and protection against harassment.
• Recognition of Rights: The Act recognizes the rights of street vendors to carry out their trade without harassment, arbitrary confiscation of goods, or extortion.
• The Act recognizes the rights of street vendors to carry out their trade without harassment, arbitrary confiscation of goods, or extortion.
• The Act also proposes a Grievance Redressal Committee chaired by a civil judge or judicial magistrate and mandates periodic surveys by States/ULBs to identify street vendors every five years.
Evaluating the objectives
• Positive Impact on Regulation: The Act has brought about a more structured approach to street vending by delineating vending zones and involving vendors in decision-making through TVCs.
• The Act has brought about a more structured approach to street vending by delineating vending zones and involving vendors in decision-making through TVCs.
• For Example: In Pune, the implementation of the Act resulted in the formation of TVCs, leading to better organization of street vending activities.
• Safeguarding Livelihoods: The Act has provided legal recognition to street vending as a legitimate occupation, preventing arbitrary evictions and securing the livelihoods of vendors.
• The Act has provided legal recognition to street vending as a legitimate occupation, preventing arbitrary evictions and securing the livelihoods of vendors.
• Example: In Ahmedabad, vendors’ livelihoods were protected as the Act prevented their eviction without proper procedures.
Challenges in Implementation:
Despite the Act’s intentions, challenges such as lack of awareness among vendors, delayed survey and certification, and resistance from local authorities have hindered effective implementation. Example: In some cities, vendors’ access to vending certificates has been delayed due to administrative bottlenecks.
• Administrative challenges: A) Increased harassment and evictions of street vendors. B) Outdated bureaucratic mindset regarding vendors. C) Lack of awareness about the Act among authorities and vendors. D) Limited influence of street vendor representatives and tokenistic representation of women vendors.
• Governance challenges: A) Weak urban governance mechanisms. B) Lack of integration with the 74th Constitutional Amendment Act. C) Insufficient powers and capacities of ULBs. D) Top-down urban policies ignoring provisions for vendor inclusion.
• Societal challenges: A) Exclusionary perception of ‘world-class cities’ marginalizing B) City planning and policies view vendors as obstacles to urban growth rather than contributors to the economy.
Way forward:
Ensure timely implementation, addressing gaps in schemes’ accessibility, awareness, and identification. Provide benefits such as maternity allowances, accident relief, and education support. States should prevent harassment of street vendors, safeguarding their right to livelihood. Enhance ULBs’ capacity to plan for street vending. Tackle issues like climate change impact, increased vendor numbers, e-commerce competition, and income reduction
Other Initiatives for Street Vendors:
• SVANidhi Scheme: Launched to support over 50 lakh urban street vendors, including those from peri-urban/rural areas. It promotes digital transactions with cash-back incentives of up to Rs. 1,200 annually.
• National Association of Street Vendors of India (NASVI): An organization dedicated to safeguarding the livelihood rights of street vendors nationwide. NASVI unites street vendor organizations to advocate for systemic changes.
Conclusion
The Street Vendors Act, 2014, has made significant strides in regulating street vending activities and safeguarding the rights of vendors. Despite challenges in implementation, the Act’s objectives of providing legal recognition, promoting inclusive urban development, and ensuring social security for street vendors mark a positive step towards integrating this informal sector into the urban fabric of India.
Mains Link:
How has globalization led to the reduction of employment in the formal sector of the Indian economy? Is increased informalization detrimental to the development of the country? (UPSC 2016)