Laws impinge on the livelihood of street vendors in rather harsh ways raising the awkward question of being humiliated by own people even though one is trying to make a living through hard labour in adverse circumstances. As the pressure on urban land increase further, more and more sections of different laws are being invoked to harass, exploit and drive away the street vendors. Evictions have become order of the day. Police looks out for sections in IPC and CrPC which can be used to break the backbone of street vendors. The negative use of the laws not only destabilizes the livelihood of street vendors but also expose them to exploitative forces creating dirty vicious cycle of extortion. Vendors are forced to believe that they are out there merely because of patronage by few rather than because of their right to livelihood.

The Supreme court in Sodhan Singh vs NDMC declared street vending as a fundamental right subject of course to reasonable restrictions. This verdict brought relief to some street vendors who were organised strongly but a large number of street vendors suffered because of pronouncements of different High Courts. Many times the issue of litigation in the Courts is diverted to orders for eviction of street vendors.

The laws and their interpretation thus assumes uttermost significance in the context of ensuring livelihood of street vendors. Even the National Policy of Urban Street Vendors adopted by the Government of India on 20th January 2004 talks about amending Act.

But which are the Acts to be amended? The National Policy mentions Police Act and two sections of Indian Penal Code.

Police Act

Section 34 : Punishment for certain offences on road etc.  Any person who, on any road or in any open place or Street or through fare within the limits of any town to which this section shall be specially extended by the (State government) commits any of the following offences to the obstruction, inconvenience, annoyance, risk, danger of damage of the (residence or passenger)  shall on conviction before a magistrate be liable to a fine not exceeding fifty rupees or to imprisonment (with or without hard labour) not exceeding eight days and it shall be lawful for any Police Officer to take into custody, without a warrant, any person who, within his view commits any of such offences namely

(1) Exposing goods for sale i.e. any person who expose any goods for sale.

Explanation: Any persons on any road, in any open place expose any goods for sale which result into obstruction, in convenience, annoyance, risks, danger, or damaged to the residence or passenger will liable to fined not exceeding 50 rupees or to imprisonment not exceeding a days ( with or without hard labour).

Right of the Police: It would be lawful for any police officer to take into custody without a warrant any person who within his view commit any of such offence namely; exposing goods for sale.

Indian Penal Code

Section 283 – Danger or obstruction in public way or line of navigation.  “Whoever by doing any act, or be omitting to take order with any property in his profession or under his change, causes danger, obstruction or injury to any person in any public way or public line of navigation shall be punished with fine which may extend  to two hundred rupees.

Section 431 – Mischief by injury to public road, bridge river or channel.  “Whoever commits mischief by doing any act which render or which he knows to be likely to render or which he knows to be likely to render any public road, bridge, navigable channel, natural or artificial, impassable or less safe for traveling or conveying property, shall be punishable with imprisonment of either description for a term which may extend to five years or with fine or with both.

The National Policy also suggests the phrase which can be proposed for amendedment-“Except in case of street vendors/hawkers and service providers with certain reasonable regulations” However, it is necessary to examine what are the other acts and sections within various acts which are used on misused by the police and other authorities to harass the street vendors. If 34.4 of  Police Act is frequently used in Bihar then too section 108/109 of IPC is put to use in Ahmedabad. Different places could be using it differently.

Exploring the laws, their sections, the methodology used by police/authorities and the adverse effect on their livelihood becomes very important. However, street vendor organisations also have over the years developed coping strategies. It would be a learning process for very many street vendors and their organisations if we can find and document then.

However, more than the above there are also provisions which can be beneficial to us. The Municipal Corporation Acts contain provisions for licensing. To give example from  Patna.

Patna Municipal Corporation Act 1951

Bylaws under section 281 (b)  of PMC Act.

1. Sales of article on Corporation Hand Street :  No person shall be permitted to use or occupy any part of any Public Street or place for the sale of articles or the exercise of any calling or the setting up of any booth or stall unless he has previously obtained from the Chief Executive Officer a license in form ‘A’.
2. Such license may be granted for such specified period not exceeding one year, as may be determined by the Chief Executive Officer.
3. When the Chief Executive Officer has determined to lease out any sites by auction, he shall at least two weeks before the date on which it is proposed to hold such action publish in the manner provided in section 543 of the act a notice of his intention to hold such auction.  The notice shall specify the place and the date and time at which the auction shall be held.
4. A copy of every license granted shall be sent forth with to the District Magistrate and to the City Superintendent of the police.
5. Every license granted under the preceding bye-laws shall be liable to the suspended or cancelled by the Chief Executive Officer for reasons to be recorded by him in writing.  A copy of cancellation should be forwarded to the DM and SP.
6. Any person using or occupying any part of any public road or place for the sales of articles or the exercise of any calling or selling up any booth will be declared illegal.

FORM 'A'

LICENSE FOR THE SALE OF ARTICLES ON MUNICIPAL LAND AND ROAD

1. Name of the articles to be sold or calling to be exercised_________________________
   
2. Name and description of the exact place to be used or occupied________________________
   
3. Hours of the day or night during which the articles will sold or the calling will be exercised________________________
   
4. The period during which the license will be valid_________
5. The description of booth or stall which will be set up and the hour of the day or night during which it will be set up______________________

Date……….

Seal of the Corporation
C.E.O

Which are these and how do we strengthen these provisions. Further are there provisions in Indian Penal Code or any other Acts which may be of help in protecting and promoting the livelihood of street vendors.

A study is presently being conducted by NASVI in Karnataka . Given below is a short description of the study.

Comparative analysis of law, local regulations and Hawkers in different levels of urban bodies in Karnataka

Hawking is normally highlighted as an issue in metro areas and not much is known in smaller urban centers. There are several issues to be considered. First, hawkers are impacted not only by the legal instrument, but by the application of police manuals and procedures, actions by municipal authorities, planning departments, and finally, local level management. Each of these can be both progressive or regressive to hawkers. Secondly, hawkers as a group seek support from politicians, administrators, NGOs, local leaders, and also via their alliances with traders. Thirdly, hawkers are not homogenous, but are of very different types. Thus, the range of legal instruments, procedures and street level management impact different groups differently. Finally, different parts and localities of a city or town provide different extents to which they are impacted by law or regulations.

The study will look at the relationship between law, state and local level regulations on the situation of hawking in different levels of urban bodies. We will look at the situation in Bangalore (Bangalore City Corporation), Mysore (Mysore city Corporation), and a small town Mallur (Town Municipal committee). We will also look at these issues in terms of different types of hawkers and small traders found in those urban centers. Given below are the broad idea of issues we will look at:

Characteristics of Hawking

1. Types of Hawkers / traders and extent and type of problems faced and actors involved in resolution
2. Locations issues
3. Permanent hawking locations, temporary hawking locations,
4. Access: Who gets easy access; who supports them to get access to locations;
5. History of hawking in that location
6. Support structures: Party level, local politician, local leaders
7. The real economics of hawking: Bribes, finance, perceptions of consumers, applications of fundamental rights (Right to livelihood, right to work, National level policy, impact of new traffic management)

Legal, Regulatory, Planning, ground level management issues:

1. Varied regulatory forms
2. Impact of law,
3. Police manual and traffic police
4. Town planning and development Authority regulations, (Urban planning: Land use, zoning, and development regulations)
5. Municipal procedures and act
6. Local street level management

B) Efficacy of instruments: Hawking zones; license; de-notification of market system;

The study is being conducted by P Rajan who is a lawyer with 4 years professional experience, and another 2 years on NGO experience. His legal experience has been basically on issues of Human Rights, Child labour. He has assisted in research projects on hawkers, local economy, rental housing, urban governance. Mr Rajan is familiar with the towns proposed and Bangalore City. Dr. Solomon Benjamin is guiding the work in an honorary capacity. Rajan is part of the Anisha Trust through which the research is being conducted.