• The Realities
  • The war on hawkers
  • Sarkari extortion rackets
  • Violence against vendors
  • Right to Livelihood
  • Give them their due

  • Dear Lt. Governor,
  • Email: manushi@nda.vsnl.net.in
  • But they have rights too!
    Municipal laws meet street vendors

    October 2001: Hawkers and vendors of various cities have fought long drawn battles, both in the streets as well as through the courts to assert their right to a dignified livelihood. The Supreme Court itself has upheld this right numerous times, but the administration continues to flout it with impunity. In 1985, the Supreme Court, in the Bombay Hawkers Union vs Bombay Municipal Corporation case, directed that each city should formulate clear-cut schemes which earmark special Hawking Zones after which they could declare certain areas as No-Hawking Zones.

    This was followed by a landmark judgement in 1989: the Sodhan Singh versus NDMC case. It held that "Street trading is an age old vocation adopted by human beings to earn a living…[and] comes within the protection guaranteed under the Article 19(1)(g) of the Indian Constitution which guarantees the right to earn a living as a fundamental right." Therefore, city administrations were directed to facilitate hawkers in acquiring a legal status. Unfortunately, the Supreme Court orders have been flouted with contempt, not just by municipal authorities in Delhi, but in other states as well.

    In the Lok Sunwayi held on June 25, Mr. Vittal was visibly moved on hearing first hand accounts from female and male vendors of the indignities and brutalities they routinely suffer while carrying on their humble trade. He immediately took up the matter with the municipal authorities, the chief minister of Delhi and the central government's Ministry of Urban Development. He supported MANUSHI's demand that this trade be de-licensed, since the track record of our municipal and police authorities makes it abundantly clear that they use the licensing system only as an instrument of terror and extortion. Tavleen Singh noted, "One feels ashamed as an Indian to see how our fellow citizens are tyrannised and robbed of their earnings by the government machinery." She and Rani Jethmalani pledged full support for MANUSHI's campaign to end blackmail, bribes and beatings suffered by street vendors. Dr. V.S. Kumar was shocked that fellow citizens of Delhi were getting such a raw deal. He also emphasised the need for rational monitoring mechanisms to ensure that our public spaces are run in an orderly manner. Dr. Dinesh Mohan's brief speech was a real booster for the demoralised vendors, when he spoke about the important role played by vendors in making our cities safe, how they save valuable time and money for urban consumers and reduce vehicular pollution in cities.

    Madhu Kishwar
    October 2001