Street vendors’ union alleges continued harassment, seeks implementation of Street Vendors Act in Karnataka

Street vending has been an integral part of India's urban landscape for centuries, providing affordable goods and services to millions while serving as a crucial source of livelihood for a significant portion of the urban poor. However, this sector has historically operated in a grey area, often facing harassment, evictions, and lack of legal recognition. The recent allegations by a street vendors' union in Karnataka regarding continued harassment and the demand for full implementation of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, underscore a persistent challenge in India's urban governance and social justice framework.

**Background Context and Historical Precedent:**

Before the enactment of the Street Vendors Act, street vendors were largely viewed as encroachers on public spaces rather than legitimate economic actors. They operated at the mercy of municipal authorities and the police, often subjected to arbitrary evictions, confiscation of goods, and demands for bribes. This precarious existence meant a constant threat to their fundamental right to livelihood. The judiciary often intervened, with landmark judgments such as *Olga Tellis v. Bombay Municipal Corporation (1985)* where the Supreme Court held that the 'right to livelihood' is an integral part of the 'right to life' under Article 21 of the Constitution. Subsequent cases like *Sodhan Singh v. NDMC (1989)* and *Maharashtra Ekta Hawkers Union v. Municipal Corporation, Greater Mumbai (2013)* further emphasized the need for a comprehensive policy to regulate street vending and protect vendors' rights. These judicial pronouncements, coupled with advocacy from various unions and civil society organizations, paved the way for the central legislation.

**The Street Vendors Act, 2014 and its Implementation Challenges:**

The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, was enacted with the objective of protecting the rights of urban street vendors and regulating street vending activities. Key provisions of the Act include the formation of Town Vending Committees (TVCs) at the local level, which are mandated to conduct surveys of existing street vendors, issue Certificates of Vending, and identify 'vending zones'. The Act also provides for a dispute redressal mechanism and prohibits harassment and arbitrary eviction. However, the core issue highlighted by the Karnataka union is the gap between the law's intent and its ground-level implementation. Many states and urban local bodies (ULBs) have been slow in constituting TVCs, conducting surveys, or earmarking vending zones, leading to continued uncertainty and vulnerability for vendors. The alleged harassment points to the failure of local authorities to adhere to the protective provisions of the Act.

**Key Stakeholders Involved:**

* **Street Vendors and their Unions:** The primary stakeholders, whose livelihoods and rights are directly affected. Unions play a critical role in advocating for their members and ensuring the law's implementation.

* **Municipal Corporations/Urban Local Bodies (ULBs):** These are the key implementing agencies of the Act, responsible for forming TVCs, conducting surveys, and managing vending zones. Their inaction or proactive harassment is often at the heart of the problem. The 74th Constitutional Amendment Act, 1992, devolved powers to ULBs, making them crucial in urban governance.

* **Police:** Often involved in enforcing municipal regulations, sometimes exceeding their mandate or engaging in corrupt practices against vendors.

* **State Governments:** Responsible for framing state-specific rules under the central Act and overseeing its implementation by ULBs. Delays at this level can significantly impede progress.

* **Consumers:** Benefit from the affordable goods and services provided by street vendors, and their support can influence public opinion and policy.

**Significance for India:**

This issue holds immense significance for India across several dimensions:

* **Economic Contribution:** The informal sector, including street vending, contributes significantly to India's GDP and provides employment to millions, especially migrants and the urban poor. Protecting these livelihoods is vital for economic stability and inclusive growth.

* **Social Justice and Rights:** It underscores the struggle for social justice and the realization of fundamental rights for marginalized communities. The right to carry on any occupation (Article 19(1)(g)) and the right to livelihood (Article 21) are central to this debate. The Directive Principles of State Policy, particularly Article 38 and 39, also advocate for securing a social order for the promotion of welfare of the people and an adequate means of livelihood.

* **Urban Governance and Planning:** The challenge of integrating street vendors into urban planning highlights the complexities of managing public spaces, balancing competing interests, and ensuring equitable access to economic opportunities in rapidly urbanizing cities. Effective implementation of the Act is a test of good governance.

* **Policy Implementation Gap:** It exemplifies the common problem in India where well-intentioned central legislation faces hurdles at the state and local implementation levels due to lack of political will, administrative capacity, or bureaucratic inertia.

**Future Implications:**

The continued demands for implementation suggest that the issue will remain a focal point for urban policy and social advocacy. Future implications include potential for further judicial interventions to compel states to implement the Act, increased activism from vendor unions, and a renewed focus on capacity building for ULBs. Integrating street vendors into smart city plans and ensuring their participation in TVCs will be crucial for creating more inclusive and equitable urban environments. Moreover, the broader discussion on social security for informal sector workers, as envisioned by schemes like the Pradhan Mantri Street Vendor's AtmaNirbhar Nidhi (PM SVANidhi) scheme launched during COVID-19, will continue to gain traction, emphasizing the need for a holistic approach to support these vital contributors to the urban economy.