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Home OPINION

Struggling to Feed: Street Vendors denied Right to Livelihood

Sheikh Nissar by Sheikh Nissar
January 30, 2022
in OPINION
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In recent years, unorganized or informal sector in developing countries has witnessed a massive growth and the main driver of the expansion for the unorganized sector is growing unemployment. The problem of unemployment has given rise to the problem of poverty & hunger. According to the Centre for Monitoring Indian Economy (CMIE), unemployment rate has crept up to 7.91%, highest in last three decades. Unemployment rate in J&K has witnessed a slight drop from 22.2 % in December, 2021 to 15% in January, 2022, yet it is much higher than the national average. Yes, most countries round the globe saw joblessness due to pandemic induced lockdown but India’s rate exceeds most of the emerging economies.

In this situation of joblessness, informal sector of Indian economy has started cradling more unemployed than it has ever witnessed. Street vending is one such informal activity.

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Why Street Vending? Street vending is one with low barrier to entry, limited start-up cost, and flexible working hours, enabling unemployed poor to start up their own livelihood. Today, street vendors have become integral part of the urban economies. Though, they don’t have a permanent shop, yet they offer easy access to a wide range of affordable goods & services in public space. It is estimated there are 10 million street vendors in India; 11% of urban workers.

With the entry of a number of organized retail industries and other challenging economic parameters, surviving as a street vendor means facing various challenges in addition to the challenges like livelihood risk, non-availability of cheap credit from banks, competition from new entrants, hostile behavior by public, regular eviction, extortion, etc. Similarly, unhygienic conditions, exposed eatables to dust & vehicular pollution and inability of waste management have made street vendors more vulnerable.  Although, there are multiple laws in India framed time to time, providing street vending semblance of legality. For example, Article 19(1) (g) guarantees to all the citizens the right to practice any trade and profession, subjected to certain “reasonable restrictions” for the general interests of the public. Similarly, in year 2014, the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act was enacted to regulate street vendors in public areas and protect their rights. But at the same time, street vendors should respect section 201 of Motor Vehicles Act, 1988 that penalizes anyone who obstructs flow of traffic on public highways. It is also obligatory for vendors and hawkers to avoid entry in no vending zone.

Due to growing vehicular traffic, authorities have grown more hostile towards street vendors showing little or no regard for the article 19(1) (g) and Street Vendors Act 2014. Day-in-day-out, we see street vendors facing harassment from both public as well as authorities. On the one hand GoI launched PM SVANidhi scheme for street vendors to avail micro-credit facility from banks to rejuvenate their small businesses and on other hand local municipalities are evicting them, citing section 201 of Motor Vehicles Act, 1988. Recently, a video surfed on social media from Baramullah Town, in which street vendors were vandalized by municipal official that evoked criticism on social media. A similar incident surfed on social media from Srinagar too. The municipal officials were seen picking up merchandize of vendors from their carts. Officials at both places blamed vendors for violating section 201 of Motor Vehicles Act, 1988.

It couldn’t be falsified that street vendors usually occupy public space, causing traffic congestion and inviting wrath of public as well as police, but we should also acknowledge that street foods are satisfying hunger of millions of people who cannot even think of big restaurant. We cannot even think of banning street vendors because it would worsen the unemployment problem in India and meanwhile we should humbly accept that GoI is not in a condition to provide alternate jobs to them. In this situation of chaos and conundrum, street vendors should abide by rules and regulations and in-turn government should think of providing them alternate space which may be in the form of incidental space or space sharing over time. The best example of space sharing over time is “weekend market”, which is common in Srinagar also. Similarly, the open space under flyovers may suffice the need of vendors.

sheikhnissar@outlook.com

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