The Union Cabinet has given its nod of
approval to the Street Vendors (Protection of Livelihood and
Regulation of Street Vending) Bill 2012. This Bill is aimed at protecting the
rights of street vendors and regulating their activities in public
places.
According to this report
by Muhammad Ali in The Hindu, the Bill proposes to abolish the much-criticized
system of compulsory license for vendors and introduce a scheme for prior
registration with Town Vending Committee on payment of an one-time fee.
License-raj for street-vendors has been widely condemned for casting a web of
illegality over a vast majority of street-hawkers in this country and exposing
them to endemic harassment by police and municipal authorities.
(See Law, Liberty and Livelihood by Parth Shah and Naveen Mandava; and Urban
Informal Sector: The Need for a Bottom-Up Agenda for Economic Reforms - Case
Studies of Cycle Rickshaws and Street-Vendors in Delhi by Madhu
Kishwar published in the India Urban
Poverty Report 2009 brought out by the Ministry of Housing and
Urban Poverty Alleviation and UNDP)
Enactment of a law in this regard has
also been mandated by the Supreme Court of India in Gainda Ram v MCD (2010).
In that case (available here),
the Court had observed:
"There is no denying the
fact that hawking and street-vending should be regulated by law. Such a law is
imminently necessary in public interest...Most of the hawkers are very
poor, a few of them may have a marginally better financial position. But by and
large, they constitute an unorganized poor sector in our society. Therefore,
structured regulation and legislation is urgently necessary to control and
regulate fundamental right of hawking of these vendors and hawkers."
Indeed, the Supreme Court had directed
that the appropriate government must legislate and bring out the law to
regulate hawking and hawkers' fundamental right by June 30, 2011.
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