Introduction
Our Constitution of India has provided rights to any
individual to carry on any the profession of their choice. Article 19
(1)(g) to practise any profession, or to carry on any occupation, trade or
business. At the same time, if any vendors illegally obstruct the payment that
is meant for the public for his commercial ends.
Its violation of those who are
involved will be booked under the Indian Penal code section 283 specifically
describes a “public nuisance” as “one which causes injury, danger or annoyance
to the public or to the people in general who live or occupy the property in
the vicinity”
In Sodan Singh and Others versus New Delhi
Municipal Council in 1989, the
Supreme Court of India had ruled: “The right to carry on a trade or
business mentioned in Article 19 (1) g of the constitution, on street
pavements, if properly regulated, cannot be denied on the ground that the
streets are meant exclusively for passing or re-passing and no other use.”
The Central Government drafted a street vendor bill
in the year 2012 to safeguard their rights to do business within the legal
framework.
In 2014 bill passed the street vendors (protection
of livelihood and regulation of street vending) act 2014.
It covered rules, regulations, duty, grounds of
eviction, relocation and dispute resolution mechanism.
Decentralization of legislative power
Under section 22 of the Act empower the appropriate state government may, by rules made in this behalf, provide
for the term and the manner of constituting a Town Vending Committee in each
local authority:
Provided that the appropriate Government may, if
considers necessary, provide for the constitution of more than one Town Vending The committee, or a Town Vending Committee for each zone or ward, in each local
authority.
(2) Each Town Vending Committee shall consist of:—
(a) Municipal Commissioner or Chief Executive
Officer, as the case may be, who shall be the Chairperson; and
(b) such number of other members as may be
prescribed, to be nominated by the appropriate Government, representing the local authority, medical officer of the local authority, the planning
authority, traffic police, police, an association of street vendors, market
associations, traders associations, non-governmental organisations,
community-based organisations, resident welfare associations, banks and such
other interests as it deems proper;
(c) the number of members nominated to represent the
non-governmental organisations and the community-based organisations shall not
be less than ten per cent.;
(d) the number of members representing the street
vendors shall not be less than forty per cent. who shall be elected by the
street vendors themselves in such manner as may be prescribed:
Provided that one-third of members representing the
street vendors shall be from amongst women vendors:
Provided further that due representation shall be
given to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes,
minorities and persons with disabilities from amongst the members representing
street vendors.
The Chairperson and the members nominated under
sub-section (2) shall receive such allowances as may be prescribed by the
appropriate Government.
Barriers in the issue of license.
Section 5 (b) mentioned that only the vendor who has
no other means of livelihood to be issued the license.
To monitoring and identify if any vendors involved
in any other activity for earning.
It's difficult to enforce the condition for the TVC.
Issue of License.
Town vendor committee has granted the powers to
identify and issue a license to the vendors.
Issue of a license is easy for the stationery
vendor as who operated at a specified location, but not such case for mobile
/roam vendors who intended to do business at not on specific location regularly
always on the go.
To overcome this issue time frame should be given
for them to apply for a license before any proposed event.
Section 28 Penalty for contraventions.—If any
street vendor—
(a) indulges in vending activities without a
certificate of vending;
(b) contravenes the terms of the certificate of
vending; or
(c) contravenes any other terms and conditions
specified for the purpose of regulating street vending under this Act or any
rules or schemes made thereunder,
he shall be liable to a penalty for each such an offence which may extend up to rupees two thousand as may be determined by the
local authority
Welfare schemes - In our country, millions of
workers belong to the informal sector
Without any social security, Section 31 of the act
take that into that consideration- The appropriate Government may, in
consultation with the Town Vending Committee, local authority, planning
authority and street vendors associations or unions, 10 promotional
measures of making available credit, insurance and other welfare schemes of
social security for the street vendors.
Implementing such schemes for those vendors will
improve economic-social conditions.
Risk/emergency management plan - TVC should
prepare a plan to identify a risk that might occur while operating a market/event
at any location.
Conclusion.
As more and more people do online shopping already a big debate going on is visiting stores passe. It is imperative that the
customer should realize those vendors be it in on a sizzling
summer or torrential downpour selling on the streets. buying from those
vendors will directly help them to earn a dignified livelihood.
This act brings huge relief to them.
