IMPLEMENTING THE STREET VENDORS ACT
IMPLEMENTING THE STREET VENDORS ACT
CONTEXT : Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, was enacted to legalize and protect the rights of street vendors (SVs) on may 1 2014, yet challenges persist
STREET VENDORS
Street vendors are a significant part of urban life, comprising around 2.5% of any city’s population. Their roles are diverse and crucial, providing essential services like local vegetable sales and food vending. For many migrants and the urban poor, vending offers a steady source of modest income. Additionally, vendors contribute to making city life affordable by establishing vital links in the food, nutrition, and goods distribution chain, offering goods at reasonable prices.
PROVISONS OF THE ACT
- Legalizes the vending rights of street vendors, ensuring their protection under the law.
- Regulate street vending activities in cities, with State-level rules and schemes, and execution by Urban Local Bodies (ULBs) through by-laws, planning, and regulation.
- Commits to accommodating all ‘existing’ vendors in designated vending zones and issuing vending certificates (VCs) to them.
- Establishes a participatory governance structure through Town Vending Committees (TVCs), where street vendor representatives must constitute 40% of TVC members, with a sub-representation of 33% for women SVs.
- Outlines mechanisms for addressing grievances and disputes, proposing the establishment of a Grievance Redressal Committee chaired by a civil judge or judicial magistrate.
- Mandates that States/ULBs conduct a survey at least once every five years to identify street vendors and ensure their inclusion in vending zones.
CHALLENGES
The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, faces three broad challenges:
- Administrative Challenges: Street vendors experience increased harassment and evictions, reflecting an outdated bureaucratic mindset that views them as illegal entities. There’s a lack of awareness about the Act among state authorities, the public, and vendors themselves. Town Vending Committees (TVCs) often lack autonomy and meaningful representation, especially for women vendors.
- Governance Weaknesses: Urban governance mechanisms are weak, with the Act not fully integrated into the 74th Constitutional Amendment Act framework. Urban Local Bodies (ULBs) lack powers and capacities to effectively implement street vendor inclusion. Prioritization of top-down initiatives like the Smart Cities Mission overlooks the Act’s provisions for street vendor integration in city planning.
- Societal Exclusion: The prevailing notion of a ‘world-class city’ tends to exclude street vendors, viewing them as obstacles rather than contributors to the urban economy. This societal stigma is reflected in city designs, policies, and public perceptions, further marginalizing street vendors
WAY FORWARD
- Top-Down Support and Decentralization: Initial support and direction from the Ministry of Housing and Urban Affairs are crucial, but efforts should decentralize over time to address diverse vendor needs nationally. This approach ensures effective implementation tailored to local contexts.
- Capacity Building and Deliberative Processes: Enhancing the capacities of Urban Local Bodies (ULBs) is essential for effective street vendor planning. Moving away from top-down actions to deliberative processes at the Town Vending Committee (TVC) level fosters inclusive decision-making.
- Policy Amendments and Inclusive Urban Schemes: Urban schemes, city planning guidelines, and policies must be amended to include street vending as a vital component. This ensures that street vendors are integrated into urban development plans and initiatives.
- Adaptation to New Challenges: The Act must address emerging challenges such as climate change impacts, increased competition from e-commerce, and changing income dynamics among vendors. Creative use of welfare provisions and innovative measures is crucial to meeting these evolving needs.
- Integration with National Programs: The Street Vendors Act should align with programs like PM SVANidhi and the National Urban Livelihood Mission, acknowledging and addressing the changing realities faced by street vendors nationwide.