SCHOOL OF LAW AND GOVERNANCE

PROJECT ASSIGNMENT SUBMISSION ON

RIGHTS OF STREET HAWKERS IN INDIA

UNDER THE SUPERVISION OF

MRS. POONAM KUMARI , ASSISTANT PROFESSOR SCHOOL OF LAW AND
GOVERNANCE ( CENTRAL UNIVERSITY OF SOUTH BIHAR)

SUBMITTED BY:-

NITISH KUMAR

BALLB (HONS.) 2ND SEMESTER

ENROLLMENT NUMBER:- CUSB2213125061

SUBJECT: CONSTITUTION (SECTION: A)

 ACKNOWLEDGEMENT

It is a great pleasure to express my deep sense of thanks and gratitude to my course instructor and guide
Dr. Poonam kumari . Her dedication and keen interest above all and her overwhelming attitude to help
her students had been solely and mainly responsible for completing my work. Her scholarly and timely
advice, meticulous scrutiny, and hislogical approach has helped me to a very great extent to accomplish
my project in an excellent manner. I owe a deep sense of gratitude to prof. S.P. Srivastava, dean of
School of Law and Governance, C.U.S.B, for making sure that we are provided with the best facilities
and surroundings to fetch the best out of ourselves. His prompt inspirations and timely suggestions with
kindness, enthusiasm and dynamism has also enabled me to complete my project on time. It is my great
privilege to thank my parents for their constant encouragement throughout my research period.

Nitish Kumar
 Contents

ACKNOWLEDGEMENT...........................................................................................................................2

Abstract........................................................................................................................................................4

Why is there a rise in Street Vendors?.........................................................................................................5

What are the Challenges faced by Street Vendors?.....................................................................................6

History and development of rights of street vendors in India.....................................................................7

Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act,2014............................7

Legal Provisions under Constitution related to the Street Vendors.............................................................9

Constitutional Provisions:............................................................................................................................9

Directive Principles:..................................................................................................................................10
Hawking Zone and Street Vendors............................................................................................................10

Licensing of Street Vendors......................................................................................................................11

Judicial Pronouncements on the Rights of the Street Vendors..................................................................12

Action to be taken......................................................................................................................................13

Conclusion.................................................................................................................................................14

References..................................................................................................................................................15
 Abstract

Hawkers form an integral part of the urban economy. Majority of the population depends on hawkers for
affordable goods and services. Hawking constitutes a sizable proportion of the informal sector and
creates opportunities for entrepreneurship and self-employment. It is not only considered as a source of
self-employment to the poor in cities but also an ‘affordable’ as well as ‘convenient’ means of livelihood
to majority of the urban population.

According to the Periodic Labour Force Survey of 2017-2018, there were around 11.9 million hawkers
in India of whom it is the women who constitute a larger portion of these hawkers. Despite such a
massive population being engaged in such occupation, hawking is characterised by uncertainty,
extortion, and low standards of regulation.

Therefore, it is necessary to observe whether these hawkers have been granted with any rights under the
Indian legal framework. The study, therefore, focuses on the rights granted to the hawkers under the
Constitution of India and under various legislation of India. It also examines those remarkable judicial
pronouncements which uphold the rights of the hawkers.

Special significance is given to the national policies framed by the Government of India to protect the
interest of the hawkers. The study analyses the Street Vendors (Protection of Livelihood and Regulation
of Street Vending) Act, 2014.
Introduction

Hawking is a street trade done by moving from one place to another for a living.

Vendors and Hawkers are frequently interchanged because of their similar meanings. Although
Hawking is a street commerce that involves travelling from one location to another, vending is a street
enterprise that involves taking up residence in temporary shelters on the sidewalk.

We will typically come across street vendors hawking their goods wherever we travel. What matters
most is knowing who qualifies as a street seller and his legal rights. Anyone who sells their items to the
general public on the street does so from a temporary or movable stall, not from a fixed stall or building.

These sellers can go around selling their goods on bicycles, carts, wagon, carriages, hand truck or even
their heads, or they might be sedentary and keep temporary stalls set up in one location. They go under
numerous names, including "hawker," "pheriwallah," "footpath dukandars," "sidewalk traders,"
"travelling salesman," "pedlar,"and many others.

Why is there a rise in Street Vendors?

Firstly, lack of gainful employment coupled with poverty in rural areas has pushed people out of their
villages in search of a better existence in the cities.

These migrants do not possess the skills or the education to enable them to find better paid, secure
employment in the formal sector and they have to settle for work in the informal sector.

Secondly, there is another section of the population in these countries who are forced to join the
informal sector.

These are workers who were employed in the formal sector.

They lost their jobs because of closures, down-sizing or mergers in the industries they worked in and
they or their family members had to seek low paid work in the informal sector in order to survive.
What are the Challenges faced by Street Vendors?

Lack of Space:

° Master plans prepared for our cities do not allocate space to vendors/hawkers, as planners blindly
imitate the western concept of marketing, ignoring Indian traditions.

Tackle Multiple Authorities:

° The vendors have to deal with multiple authorities – the municipal corporation, police (thana as well as
traffic), regional development authorities, district administration, local panchayats and so on.

• This leads to exploitation and extortion.

• In many cases the positive steps taken by one authority are nullified by the actions of others.

Instead of regulating vendors, municipal corporations treat them as a nuisance and an irritant, their
policies and actions are aimed more at removing and harassing them rather than at regulation.

Frequent Eviction:

° The regular eviction carried out by the district or municipal administration.

• They fear the very sight of the eviction team which is known locally by different names.

Extortion Racket:

° Cases of ‘rangdari tax’ and ‘hafta’ are common.

• In many cities vendors have to part with substantial money in order to ply their trade.

History and development of rights of street vendors in India

Due to the fact that street vendors typically sell goods on public roads, they frequently face
discrimination from law enforcement officials like police officers. By the middle of the 1990s, they had
attacked the street vendors multiple times. Numerous NGOs spoke out against it and acknowledged the
need for organisation as well as for providing these merchants with protection.

As a result, the National Alliance of Street sellers of India (NASVI), later known as the National
Association of Street Vendors of India, was founded to protect the rights of street sellers in India in the
year 1998. Several organisations, including ATITHI, an NGO that promotes women's empowerment in
rural Bihar, assisted in the formation of NASVI in rural Bihar, the Self-Employed Women's Association
(SEWA), and Nidan, a street vendor advocacy group that was founded in the past to promote the rights
of street sellers.

A national policy regulating street vendors was finally adopted by the Indian government in 2004. In
2009, the street sellers in India received recognition for the first time in the nation's history as
contributors to the GDP of the nation.

The NASVI and its partners created the concepts in the form of the document to create a framework for
street sellers, who make up a sizeable portion of the poor population overall. Millions of street sellers
staged protests, went on strike, and wrote tens of thousands of petitions to local MPs in an effort to put
pressure on the central government. . The efforts made paid off when the Indian Parliament passed the
Street Vendors Act in September of that year.

Street Vendors (Protection of Livelihood and Regulation of Street Vending)

Act,2014

In India, street vendors are governed by the Street Vendors (Protection of Livelihood and Regulation of
Street Vending) Act, 2014. The most important parts of this act are:

• There will be a Town Vending Committee established, and its job will be to survey every street vendor
operating within its boundaries. Every five years, the survey needs to be done. No street vendor will be
removed from their location before this survey is completed and a certificate of vending is provided.
• The location of every street vendor should be restricted to a specific area. The locations will be
determined by the outcome of the drawing of lots if all the vendors cannot be accommodated or put in
the same vending zone. Additionally, it should be mandatory to accommodate the merchants in the
adjacent vending zones who were not able to secure locations in that zone.

• The statute stipulates an upper age limit for street vendors, which means that only those who meet this
requirement will be given a certificate of peddling. The vendor must guarantee that he will continue
operating the business either himself or through members of his family in order for the certificate to be
given. He must also affirm that he, Such certificates, however, will only be issued if the applicant
affirms that he has no other source of support and that he will not transfer his certificate to anyone else.
But if the vendor passes away or is permanently disabled, the certificate may be given to other family
members.

• If the vendor violates the terms outlined before the certificate was issued, the certificate will be
immediately revoked.

• Furthermore, it has been stated that no seller may conduct vending operations within the no-vending
zones.

• Vendors will be moved or transferred to another area if a particular area is designated as a no-vending
zone. A 30-day notice must be given to the street vendor in order to relocate. Vendors who remain in
such no-vending areas after receiving notice are subject to a fine of up to 250 rupees per day as
punishment if they do not remove their merchandise.

• The removal of the vendor physically from the area and the confiscation of the items belonging to
those vendors who are in no-vending zones are both required by the local administration.

• A conflict resolution body will be established in accordance with this act, and it will be led by a
former civil judge or judicial magistrate, as well as include two other professionals who will be
prescribed and nominated by the relevant government.

• In each ward or zone of the local government, a Town Vending Committee will be established.
• A vendor who claims to be a street vendor without a certificate of vending will be punished with a
penalty of up to two thousand rupees.

Legal Provisions under Constitution related to the Street Vendors

The protection of street vendors in India is also covered under the Indian Constitution. As equality
before the law is addressed in Article 14 of the Constitution, vendors have the same rights as other
citizens and will be treated equally under the law of the nation.

The Indian Constitution grants every nation the right to practise any profession, trade, or business in
accordance with Article 19(1)(g). Therefore, everyone, even street sellers, has the fundamental right to
engage in any trade or business of their choosing according to the constitution's Article 21.

The right to and preservation of one's means of subsistence are both included in the right to life that is
specified in Article 21.When there is a forcible eviction of hawkers without prior notice then is a breach
of the right to livelihood and thus an infringement of Article 21 of the Constitution .

Constitutional Provisions:

Right to Trade:

Article 19 (1) (g) gives the Indian citizen a fundamental right to practice any profession, or to carry on
any occupation, trade or business.

Equality before Law:

Article 14 of the Constitution states that the state shall not deny to any person equality before the law or
equal protection of the laws within the territory of India.
Social Justice:

The preamble of the Indian Constitution states that India is a sovereign, socialist, secular democratic
republic and shall secure to its citizens justice, social, economic and political and equality of status and
of opportunity.

Directive Principles:

• Article 38(1) directs the state to promote the welfare of the people by securing a social order in which
justice – social, economic and political, shall inform all institutions of national life.

• Article 38(2) directs to ‘minimize the inequalities in income status, facilities and opportunities.’

• Article 39(a) directs the state to formulate policy to ensure that citizens, men and women equally, have
the right to an adequate means of livelihood.

• Article 41 specifically provides for ‘right to work’ within the limits of the economic capacity of the
state.

Hawking Zone and Street Vendors

We need to understand and outline the hawking zone if we want to know about the rights of street
vendors. Hawking Zones seriously block the public and are the cause of numerous traffic issues. The
power to select and assign locations from which street commerce may take place belongs to the state and
municipality.The right to determine whether a location is a place of trade or not does not belong to the
street seller.

In the case of Bombay Hawker Union vs. Bombay Municipal Corporation, the Court held that The
Non-Hawking Zones is fixed by the Municipal Commissioner and he can consult the other members of
the Municipal Corporation. He should exercise his discretion reasonably and also in the interest of the
public.

If there are areas in which the vendor sells its goods and it is other than the Non-Hawking Zones, then
licenses should be granted to the hawkers to do their business on payment of the prescribed fee. It is the
right of the Commissioner to extend the limits of the Non-Hawking Zones when doing so is in the
interests of public health, sanitation, safety, public convenience. Hawking licenses cannot be refused to
the street vendors in Hawking Zones only with the exception that appropriate reasons are given for the
same.

Hawking is prohibited in Hospitals or other places where the security measures demand so and the
places where the roads are not wide enough to manage the traffic then it cannot be considered as a
Hawking Zone.

In the case of Maharashtra Ekta Hawkers Union vs. Municipal Corporation, Greater the Court
held that the places which are within 100 meters from any place of worship, a holy shrine, educational
institution and general hospital should be considered as a non-hawking zone.

Licensing of Street Vendors

When illegal enterprise began to spread across the nation at the time, it became apparent that street
vendors needed license. Additionally, this licensing will shield the hawkers from harassment by law
enforcement, particularly the police and other powerful individuals.

The street vendor's operation is rendered legal with the aid of this license, which also makes it easier for
the organization in charge of regulating street vendors to keep a record of the street sellers.

Additionally, it aids in the distribution of commercial space on the pavement. Additionally, it will assist
in monthly tax collection. Only once survey and registration payments have been notified will the
license be granted.

Judicial Pronouncements on the Rights of the Street Vendors

In the case of South Calcutta Hawkers, Association vs. Govt. of West Bengal, the court held that
Street Trading is a fundamental right which is available to the street vendors under Article 19 (g) of the
Constitution of India but this right is subjected to Art. 19(6) of the Constitution. So, it is within the
powers of the state to make any law which imposes reasonable restrictions on the interest of the general
public on this fundamental right.

The court also observed in this case that proper regulation of the vending rights is necessary otherwise
the purpose which roads which are for the proper movement of the traffic would be defeated.

In the case of Olga Tellis & Ors. vs. Bombay Municipal Council, the court held that a person cannot
survive without any means of livelihood. If this right of livelihood is not treated as a fundamental right
then it would lead to deprivation of the right to life. But the performance of this right should be done in a
way which is fair and reasonable.

So, before the eviction of the hawkers if a notice is served then it would not lead to infringement of the
rights of the street vendors.

The Hon’ble Supreme Court of India in Maharashtra Ekta Hawkers Union and another vs.
Municipal Corporation, Greater Mumbai also talked about the rights of the street vendors in India.
The court stated that the street vendors should be given the right to operate across the country till the
registration and also the creation of both vending zones and also hawking zones following the 2009
policy. Once that is completed then the street vendors should act under the directions and orders of the
town vending committee.

This judgement is considered as a ray of hope for the street vendors who have realised that they are
important and also their rights are important.

The Supreme Court in the case of Sodan Singh vs. NDMC has significantly contributed to the aspect
of the jurisprudence of street vendors’ rights in India. This case again interpreted the rights of the street
vendor which has been mentioned under article 19 (1)(g) but in this case, the court took a broad view of
the same. It was stated by the court that there is a right which has been given to the hawkers and the
street vendors to carry the business on the streets but the same should be subjected to limitations by the
municipal authorities.

The exercise of the rights should not create nuisance or inconvenience to the public. The court also
stressed the identification of the hawking zone. The other related issues were related to the number of
days and also the time of operation of the street vendors.
In Gainda Ram v. Municipal Corporation of Delhi, the court took into account the previous decisions
and the fact that a law by the name of National Capital Territory of Delhi Laws (Special Provisions)
Second Act 2009 has been enacted as a temporary legislation and the Model Street Vendors (Protection
of Livelihood and Regulation of Street Vending) Bill, 2009 is pending approval.

However, the court went on to observe that, “the fundamental right of the hawkers, just because they are
poor and unorganized, cannot be left in a state of limbo nor can it left to be decided by the varying
standards of a scheme which changes from time to time under the orders of the Court.”

Action to be taken

• Despite multiple schemes running for the street vendors, there are various gaps in implementation,
identification, awareness and accessibility of various schemes which should be plugged in a timely
manner.

• Benefits like maternity allowances, accident relief, natural death compensation, education support for
children for higher studies, pension during any crisis should be provided to them.

• States should be asked to ensure that street vendors are not harassed by the authorities, as all they are
asking is a right to livelihood.
 Conclusion

Although there is no distinct law governing hawkers, the Delhi Government was ordered by the
Supreme Court of India to establish a law to control hawkers' rights, which frequently conflict with
commuters' rights to the road and street. In his ruling, Justice Ganguly stated, "This court is providing
this direction in the exercise of its jurisdiction to preserve the citizens' fundamental rights.

According to Article 19 (1) (g) of the Constitution, hawkers, squatters, and sellers have the right to
continue their business. Additionally, under Article 19 (1) (d), commuters' freedom to move around and
use the highways without any restrictions is a basic right.

Upon a perusal of the various judgments of the Supreme Court, the national policies and the recent Act,
it can be safely concluded that little regard has been given to recognize the right to livelihood of the
hawkers. The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014
helps, to some extent, in recognizing the right of the hawkers who were initially called as ‘encroachers’
to one where their interest plays a pivotal role while organising urban street policy.

It not only delegates the rule making and decision making power upon the State authorities but also
prioritize local governance in order to ensure its proper implementation. Urban Local Bodies are urged
to introduce participatory decision making committees with hawker’s representation in the Town
Vending Committees. It, therefore, helps in building such mechanism which could enumerate all
existing hawkers, ensure allocation of vending spots with least possible disruption to pedestrian
movements and constitute forums to redress vendor disputes.

Now the problem is with regard to the implementation of the Street Vendors (Protection of Livelihood
and Regulation of Street Vending) Act, 2014. All the States and Union Territories of India are required
to implement the said Act properly so that hawkers could get some benefit, being out of fears of threats
of eviction. An impartial powerful regulatory mechanism is needed to protect the interest of the
hawkers.

An impartial Town Vending Committee is required to be established in each local authority of a State.
However, while implementing the provisions of the Act, the prior concern should be with respect to the
rights of pedestrian also so that a harmonious system could be evolved where both the right to livelihood
of the hawkers and the right of pedestrians can be upheld.
 References

[1]Street Vendors in Asia: A Review, Economic and Political Weekly.

[2]Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014.

[3]Legal Protection for Street Vendors. Economic and Political Weekly.

[4]National Policy for Urban Street Vendors and Its Impact. Economic and Political Weekly.

[5]Bombay Hawker Union vs. Bombay Municipal Corporation

[6]Maharashtra Ekta Hawkers Union vs. Municipal Corporation, Greater

[7]A Law for Street Vendors: Street vendors are jubilant about the new law; now for its implementation.
Economic and Political Weekly

[8]South Calcutta Hawkers, Association vs. Govt. of West Bengal

[9]Olga Tellis & Ors vs. Bombay Municipal Council

[10]Maharashtra Ekta Hawkers Union and another vs. Municipal Corporation, Greater Mumbai

[11]Sodan Singh vs. NDMC.