“The Street Vendors (Protection of Livelihood And

Regulation Of Street Vending) Act, 2014”

-Tanushree Roy
LL.M.3rd Semester,Dibrugarh University

INTRODUCTION
“Street vendors form a very important segment of the unauthorized sector in
the country. It is estimated that in several cities street vendors count for about
2 per cent of the population. Women constitute a large segment of these street
vendors in almost every city. Street vending is not only a source of self
employment to the poor in cities and towns but also a means to provide
‘affordable’ as well as ‘convenient’ services to majority of the urban
population.”
- Ministry of Housing and Urban Poverty Alleviation (MoHUPA)
(2009:1)
Today, vending is an important source of employment for a large number of
urban poor as it requires low skills and small financial inputs. Broadly defined,
a Street Vendor is a person who offers goods or services for sale to the public
without having a permanent built-up structure but with a temporary static
structure or mobile stall (or head-load). Street vendors could be stationery and
occupy space on the pavements or other public/private areas, or could be
mobile, and move from place to place carrying their wares on push carts or in
cycles or baskets on their heads, or could sell their wares in moving buses. The
Government of India has used the term ‘urban vendor’ as inclusive of traders
and service providers, stationary as well as mobile, and incorporates all other
local/region specific terms used to describe them.
Vending has been a profession since time immemorial, with street vendors an
integral part of our urban history and culture. Shopping and marketing, in a
traditional Indian sense, has primarily been informal. Social interaction is
integral to Indian markets in contrast to the mechanized and sterile concept of
shopping favoured by modern market and super market structures.

Vendors are often regarded as public nuisance. They are accused of depriving
pedestrians of their space, causing traffic jams and having links with anti-social
activities. The municipal authorities and housing societies, aided by the media,
have targeted vendors at frequent intervals.

1
“The lack of recognition of the role of the street vendors culminates in a
multitude of problems faced by them: obtaining license, insecurity of earnings,
insecurity of place of hawking, gratifying officers and musclemen, constant
eviction threat, fines and harassment by traffic policemen.”

The Street Vendors (Protection of Livelihood and Regulation of Street

Vending) Act, 2014 came into existence for the protection of Street Vendors in
India.

STREET VENDING: Meaning & Definition

MEANING: Street vendors and hawkers constitute the most visible and
active parts of the large informal sector. Street vending absorbs millions of
people who come to cities as economic refugees from villages and smaller
urban areas due to poverty and lack of gainful environment in the rural areas
and in the smaller towns. Street hawkers play a vital role in the distribution of
items of daily consumption at relatively low prices to all classes of consumers
especially the marginalized sections of society, at convenient locations.

Vendors exhibit remarkable entrepreneurial skills. Purchasing of commodities is

no easy task with constant market fluctuations. Besides, middlemen have a
major say in the wholesale markets. Commodities have to be in sync with both
consumer tastes and paying capacity. As most sacks of vegetables and fruits and
loading them in a rickshaw cart is a tedious job. Arranging, cleaning, sorting,
weighing and dealing with customers is not easy. Hawkers on the move from
one lane to another irrespective of the heat, rain, wind and cold. Calling out
loud to attract buyers, consumes time and energy.
Indian social institutions show uncanny ability to adjust and adapt to changing
societal conditions. Our agriculture is organized around the family mode of
production, with the entire family engaged in various stages of agricultural
production, i.e. sowing, harvesting and so on. The same system has been crept
into urban areas; it is not uncommon to find the entire family involved in the
micro-enterprise. Thus, on a roadside tea stall, while the husband looks after the
customers, the wife prepares tea and snacks, and children wash utensils. The
same is true for vegetables and fish vendors where the husband purchases
commodities while the wife sells.

DEFINITION: A ‘street vendor’ is broadly defined as a person engaged in

the vending of articles, goods, wares, food items or merchandise of everyday
use or offering services to the general public in a street-lane, side-walk,
footpath, pavement, public park or any other public place or private area
without having a permanent built- up structure.

2
  According to Oxford English Dictionary, a ‘street vendor’ is a person
who sells something in the street, either from a stall or van or with their
goods laid out in the sidewalk.1

 Section 2(l) of The Street Vendors (Protection of Livelihood and

Regulation of Street Vending) Act, 2014 states that “street vendor”
means a person engaged in vending of articles, goods, wares, food items
or merchandise of everyday use or offering services to the general public,
in a street, lane, side walk, footpath, pavement, public park or any other
public place or private area, from a temporary built up structure or by
moving from place to place and includes hawker, peddler, squatter and all
other synonymous terms which may be local or region specific; and the
words “street vending” with their grammatical variations and cognate
expressions, shall be construed accordingly.2

ECONOMIC AND SOCIAL IMPORTANCE OF STREET

VENDORS
Street vendors throughout much of the world are a vulnerable social group in
need of legal protection. As a large part of the informal economy, street vendors
also play an essential role in the Indian economy. Professor Martha Chen has
written that “the informal economy needs to be seen not as a marginal or
peripheral sector but as a basic component . . . of the total economy.” Chen’s
observation holds true in India where hawkers are a vital component of a
diverse, hybrid economy that possesses both formal and informal elements.
Specifically, the practice of street vending plays three crucial roles in the urban
economic ecology.
 First, hawking provides a major source of employment to a significant
portion of the Indian population. With an estimated 10 million street
vendors in the country, the Indian government estimates that street
vendors account for two percent of the population in some cities; and
women constitute a large segment of these populations. Hawking also
provides employment to workers in other industries, such as
manufacturers of the inexpensive goods sold by street vendors, that
operate in tandem with street vending. Although precise statistics are
lacking, studies have shown that products sold by hawkers are largely

1
Retrieved from www.pri.org/.../indias-street-vendors-are-hanging-malls-and-supermarkets as accessed on
01-05-2017 at 10.00 pm.
2
Retrieved from www.indiacode.nic.in/acts2014/7%252... as accessed on 20-04-2017 at 2:00 am.

3
 manufactured in small scale or home-based industries. Because workers
in these industries lack the resources to market their own products, they
rely on hawkers to do so. Thus, it is not just street vendors themselves
who depend on hawking to make a living; the livelihood of those who
make the products that vendors sell is also at stake.3

 Second, as economic development and the forces of globalization

continue to advance in India, street vending provides a vital
counterweight to fluctuations in the formal economy by providing
alternate employment for those who are laid off in the formal sector. For
example, roughly 30 percent of vendors in Ahmedabad and 50 percent of
those in Kolkata were once employees of the formal sector.4

 Third, by providing affordable products to local populations, street

vendors fill crucial needs in consumer demand that the formal sector
cannot adequately serve. India’s Ministry of Housing and Urban Poverty
Alleviation (MoHUPA), in keeping with the Supreme Court’s ruling in
Sodan Singh & Others v. New Delhi Municipal Council (1989)5, has
recognized that “street vending is not only a source of self-employment . .
. but also a means to provide ‘affordable’ as well as ‘convenient’ services
to a majority of the urban population.

INTERNATIONAL HUMAN RIGHTS NORMS

RELEVANT TO PROTECTION OF STREET
VENDORS
India is party to a number of international agreements relevant to the regulation
of street vendors, including the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) (ratified by India on Aug. 8, 1993),
the Convention on the Rights of the Child (CRC) (ratified by India on Dec. 11,
1992), the International Covenant on Civil and Political Rights (ICCPR)
(ratified by India on Apr. 10, 1979), and the International Covenant on
Economic, Social, and Cultural Rights (ICESCR) (ratified by India on Apr.
10, 1970). India is also a state party to forty-two International Labour
Organization (ILO) Conventions.6

3
Retrieved from https://law.yale.edu/system/files/documents… as accessed on 20-04-2017 at 2:44 am.
4
Ibid.
5
(1989) 3 SCR 1038.
6
Supra Note 3.

4
Street vendors are most directly protected by Articles 6 and 7 of the ICESCR,
which guarantee “the right of everyone to the opportunity to gain his living by
work which he freely chooses or accepts” and “the right of everyone to the
enjoyment of just and favorable conditions,” respectively. The Committee on
Economic, Social and Cultural Rights (CESCR) General Comment on the
relevant Articles confirms that these rights extend to workers in the informal
sector and that any legislation governing the informal sector “must reflect the
fact that people living in an informal economy do so for the most part because
of the need to survive, rather than as a matter of choice.” Furthermore, the
General Comment identifies ensuring “the right of access to employment,
especially for disadvantaged and marginalized individuals and groups,
permitting them to live a life of dignity” as a core state obligation. Finally, in
addition to the obligation to ensure access, state parties must also “take positive
measures to enable and assist individuals to enjoy the right to work and to
implement technical and vocational education plans to facilitate access to
employment.”7
Street vendors are further protected by the right to freedom of association
(ICCPR, Art. 22), the right to self-determination (ICCPR, Art. 1); the right to
form trade unions and to engage in concerted activities (ICESCR, Art. 8; ILO
C122); and the right to the highest attainable standard of living (ICESCR, Art.
11). In addition, street vendors are protected under the ILO’s framework of the
rights of decent work, which identifies four components necessary for full
realization of workers’ rights in the informal economy: employment, social
protection, organization, and representation. The Food and Agriculture
Organization has also recognized that stronger rights for street vendors are
important for promoting access to food, and the CESCR General Comment on
the right to social security (ICESCR, Art. 9) recognizes that street vendors and
other vulnerable workers must be considered with special care in the enactment
of a social security regime.8
Young street vendors must be protected from economic exploitation and from
performing any work that is likely to be hazardous or to interfere with the
child’s education or . . . development (CCR, Art. 32). The ILO identifies age 18
(or 16, under strict conditions) as the age at which a child may begin any work
which is likely to jeopardize children’s physical, mental or moral heath, safety
or morals; 15 as the minimum age at which a child should be allowed to begin
regular work; and 13 as the minimum age at which a child should be allowed to
begin light work, and only in conjunction with regular schooling (ILO C138).
Finally, the rights of women street vendors must be protected as vigorously as
those of men. Article II of CEDAW guarantees women the same rights [as
7
Ibid.
8
Ibid.

5
men] . . . in the field of employment, including rights to equal pay for equal
work, social security, safe working conditions, and equal access to employment
and job security. Article 7 of the ICESCR likewise guarantees women equal
pay for equal work.
International agreements to which India is party are not enforceable in domestic
court without implementing legislation. However, because there is a prima facie
assumption that the Indian Parliament intends to act in a manner consistent with
India’s treaty obligations, Indian case law has held that courts should interpret
domestic legislation, where ambiguous, in the way most consistent with treaties
to which India is party. Indian courts have also used international treaties to
create more expansive readings of laws than might otherwise be ruled
unconstitutional. Despite such progressive interpretations by Indian courts,
however, Parliament has been slow to promulgate implementing legislation.
The creation of new street vendor legislation is one opportunity to directly
incorporate international human rights norms and best practices into national
law.9

PROTECTION TO STREET VENDORS: An Indian

Perspective
From ancient times, hawking and vending have been an integral part of Indian
trade, now understood as part of the urban informal economy. During the
colonial period the British superimposed institutions and legal frameworks over
Indian reality, and many of the laws and legal principles introduced at the time
remain fundamentally unchanged after independence.
The institutional framework for informal activities including street vending has
generally been hostile in the country. Local authorities in India are a major
obstacle to the development of informal sector activities. Most of them use out-
dated restrictive policies and byelaws and regulations originally intended to
control and regulate the growth of indigenous enterprises, and the restrictions
make vending principally illegal.10

Regulations essentially define the framework within which informal businesses

are carried out and policies are designed to influence the economic behaviour of
informal units.

The municipal and police laws that impose restrictions on street vending in most
cases do not directly prohibit street vending as a profession, but impose
restrictions on the use of public urban space for street vending. The acts are
9
Ibid.
10
Retrieved from https://cept.ac.in/UserFiles/File/CUE/Worki... as accessed on 20-04-2017 at 2:40 am.

6
archaic and fail to meet the challenges posed by the current situation
particularly relating to migration, unemployment, and saturation of the formal
sector.11

Vendors are viewed as a problem to be controlled, oras a nuisance or

obstruction, rather than as enterprises that contribute to the urban economy.
Since vendors typically lack legal status and recognition, they frequently
experience harassment and evictions by local authorities or competing
shopkeepers. Although the sector provides employment, it tends to be perceived
as antisocial, anti-developmental, dirty, anesthetic, and unhygienic, and some
businesses such as food stalls face additional checks by the Food and Drug
Administration. This negative attitude and neglect has meant that this sector is
ignored in town planning regulations and treated as unplanned urban growth.
The reality however is that the sector comprises self-employed people who are
trying to earn their living with dignity and honesty and are an integral part of
the city’s economy who ask only 'do tokrikijagah'(space for two baskets, i.e. a
life of dignity).12

CONSTITUTIONAL PROTECTION TO STREET VENDORS:

The Constitution of India is the social document to which all the legislation in
the country, at the national level or at the local level, has to confer. Majority of
its provisions are aimed at promoting equality, justice, fraternity and liberty by
establishing favorable conditions required for its achievement. The Constitution
has two important sections:

 Part III, Fundamental Rights

 Part IV, Directive Principles of State Policy.

The Fundamental Rights are the non-negotiable, basic principles of the

functioning of the Indian State. All other laws have to abide by the Articles of
the Fundamental Rights. The Directive Principles are positive obligations on the
State for the promotion of 'welfare of the people by securing and protecting as
effectively as it may a social order in which justice, social, economic and
political, shall inform all institutions of the national life'.13

But, as stated in Article 37 the Directive Principles are not enforceable by a

Court of Law and in the conflict between the Directive Principles and
Fundamental Rights, the latter prevail.

11
Ibid.
12
Ibid.
13
Ibid.

7
The important Fundamental Rights which have been used for litigation in
matters related to the rights of the street vendors are listed here:

Article 14: Equality before law.

Article 19 (1) (g): Protection of certain rights regarding freedom to practice

any profession, or to carry on any occupation, trade or business.
Article 21: Protection of life and personal liberty.

Article 32: Remedies for enforcement of rights conferred by this Part.

Article 226: Power of High Courts to issue certain writs.
Article 21 states that, 'No person shall be deprived of his life or personal liberty
except according to procedure established by law', and has been important in
establishing rights for street vendors.

The Directive Principles of State Policy are important in policies development

and also influence judgments of the High Courts (state level) and Supreme
Courts (national level). The important provisions for this study are:

Article 37: Application of the principles contained in this Part.

Article 38: State to secure a social order for the promotion of welfare of the
people.
Article 39: Certain principles of policy to be followed by the State.

Article 41: Right to work, to education and to public assistance in certain

cases.
The Directive Principles provide guidance for policy making but if any policy
does not meet the essence of the Directive Principles, there is no judicial
redressal. Hence, even if the application of municipal or other laws violates the
Directive Principles, there is no judicial redressal.14

For street vending an ambiguity within the Constitution lies in the fact that
Article 19(1) (g) relating to freedom to practice professions and trades, does not
clarify whether the occupation of hawkers and vendors falls within its scope.
Furthermore, while interpreting the term ‘public interest’ in Article 19, it is
difficult to argue that the activities of the hawkers are in the public interest. On
the other hand, number of legislation, namely the Police Act and the Town
Planning Act consider trading on the road as obstruction and hence a nuisance
that needs to be removed in the ‘public interest’. Thus, while the street vendors
14
Ibid.

8
have public interest, it is hard to prove that their activities are in public interest,
making their definition as ‘obstruction on the roads’ hold. Thus, although, the
Constitution guarantees freedom of trade and right to livelihood, other
legislation, consider them to be obstruction to be removed. The most lenient
view grants them right to trade and livelihood but not to be exercised on the
roads in a way that obstructs other public interests and that they had right to
rehabilitation. Hence, the street vendors are constantly under the threat of
displacement and at best offered alternate sites for vending.15

A classic case in the Supreme Court of India, which very well represents this
dichotomy, is that of Olga Tellis and Others vs. Bombay Municipal
Corporation16, when a group of pavement and slum dwellers in Bombay
(Mumbai) and their supporters sought to oppose eviction. The judge determined
that the 'right to life' under Article 21 on Protection of Life and Personal
Liberty should be expanded to include a 'right to shelter and livelihood'.
However, the judge determined that the right to life and livelihood can be
deprived by other procedures defined in law. Citing the Bombay Municipal
Corporation Act, 1888, Sections 312(1), 312(2) and 314, he determined that no-
one has the right to use public property for a private purpose and the pavement
dwellers were therefore trespassers. The Municipal Corporation's plea for
removal of the pavement dwellers was therefore upheld. Thus, as illustrated, the
Fundamental Rights have a restrictive or conditional interpretation.

Article 32 on Remedies for the enforcement of rights conferred by this Part,

guarantees a right to appeal to the Supreme Court for enforcement of rights in
this part of the Constitution. This provision has been the basis Public Interest
Litigation (PIL) and Writ Petitions in the Supreme Court in matters of public
interest or non-implementation of legislation.
Article 226 on Power of High Courts to issue certain writs also guarantees a
right of writs in the nature of habeas corpus, mandamus, prohibition, quo-
warranto and certiorari to the citizens.

Having given the citizens the access to the High Courts and the Supreme Court
in matters against the state, there was an issue on who could approach the
higher courts. In the 1980s, this aspect was resolved when several judgements
expanded the definition of those who could file cases to include both those
directly affected and those representing the larger public interest. Article 32 and
Article 226 have been widely used to file PILs and writs in the High Courts and
the Supreme Court, in case of violation of Fundamental Rights by the State,
non-implementation of existing legislation, raise public awareness and public
policy debates and in some instances also force the government to enact new
15
Ibid.
16
Ibid.

9
legislation. Use of constitutional provisions to attain justice for the urban poor
through the route of PILs and writs is something very special to India, and these
have become de facto instruments in setting public policies.17

THE STREET VENDORS (PROTECTION OF LIVELIHOOD

AND
REGULATION OF STREET VENDING) ACT, 2014
The bill aimed at providing social security and livelihood rights to street
vendors, has its origin in ‘The Street Vendors Policy’ introduced in 2004, which
was later revised as ‘National Policy on Urban Street Vendors, 2009’. Also in
the same year, the Ministry of Housing and Urban Poverty Alleviation
circulated a draft of bill titled, ‘Model Street Vendors (Protection of Livelihood
and Regulation of Street Vending) Bill, 2009’, between all States and Union
Territory governments for creation of state legislation, however it had no legal
bindings, thus few governments made any progress in this regard. Eventually in
2010, the Supreme Court of India, which has recognized street vending as a
source of livelihood, directed the ministry to work out on a central legislation,
and a draft of same was unveiled to the public on November 11, 2011. The key
point of the draft bill were, protection legitimate street vendors from harassment
by police and civic authorities, and demarcation of vending zones on the basis
of traditional natural markets, proper representation of vendors and women in
decision making bodies, and establishment of effective grievance redressal and
dispute resolution mechanism.
The bill was drafted with the help of the National Advisory Council, chaired by
Sonia Gandhi, and approved by the Union Cabinet on August 17, 2012. After
the cabinet’s approval it was introduced in the Lok Sabha on September 6,
2012 by the Union Minister of Housing and Urban Poverty Alleviation, Kumari
Selja, amidst the uproar over the coal block allocation scam in the house. The
Bill was passed in the Lok Sabha on 6th September 2013 and by the Rajya
Sabha on 19th February 2014.18 The bill received the assent of the President of
India on 4th March 2014. The Act came into force from 1st May 2014 known as
The Street Vendors (Protection of Livelihood And Regulation Of Street
Vending) Act, 2014.

 Preamble of the Act: An Act is to protect the rights of urban street

vendors and to regulate street vending activities and for matters
connected therewith or incidental thereto.

17
Ibid.
18
Retrieved from http://en.m.wikipedia.org/wiki/Street_Vendor... as accessed on 07-05-2017 at 9:00 pm.

10
  Contents of the Act: The Act consists of total 39 Sections which
divided into 10 Chapters and 2 Schedules.
Chapter I of the Act deals with the Preliminary Provisions which consists of
Short title, extent, commencement and provisions clause enumerated in Section
1 and the Definition clause enumerated in Section 2 where some important
definition such as appropriate Government, holding capacity, local authority,
mobile vendors, natural market, notification, planning authority, prescribed,
schedule, scheme, stationary vendors, street vendor, Town Vending Committee
(TVC), vending zone are deemed.

Chapter II of the Act deals with the Regulation of Street Vending Provisions
which consists of Survey of street vendors and protection from eviction or
relocation clause enumerated in Section 3 which provides that the Town
Vending Committee (TVC) shall carry on a survey atleast once in every 5 years
of all the existing Street Vendors within their jurisdiction. 2.5% of the existing
street vendors of the total population of any ward, zone, town or city are to be
accommodated in the vending zones. And no one can be relocated or evicted till
the survey is complete. This Chapter also includes Issue of certificate of vending
clause enumerated in Section 4 which provides that if anyone who has
completed the age of 14 years shall be issued a certificate of vending by the
TVC. Town Vending Committee (TVC) shall carry out a draw of lots for
issuance of certificate when the number of Street Vendors exceeds the holding
capacity of that zone. This Chapter also includes Conditions for issue of
certificate of vending clause enumerated in Section 5 which provides that prior
to the issuance of certificate every street vendor shall give an undertaking to the
Town Vending Committee. In case of the death of the street vendor the vending
certificate shall be transferred to the spouse or the dependent child of the
deceased vendor. Section 6 deals with the Categories of certificate of vending
and issue of identity cards clause which provides that every street vendor who
has issued vending certificate shall be issued identity cards by the TVC. Section
7 deals with the Criteria for issuing certificate of vending. Section 8 deals with
the Vending fees clause which provides that every street vendor who have
issued vending certificate shall pay vending fees. Section 9 deals with Validity
and renewal of certificate of vending clause which provides that vending fees
paid by the street vendor who has been issued certificate will be valid for such a
period as specified in the scheme. The certificate is renewable on the on
payment of fees as specified in the scheme. Section 10 deals with the
Cancellation or suspension of certificate of vending clause which provides that
the Town Vending Committee may cancel or suspend the certificate of the
Street Vendor if there is any breach of terms and conditions mentioned in the
Act. Cancellation or suspension shall be made by the Town Vending Committee
unless an opportunity of hearing has been given to the street vendor. Section 11

11
deals with the Appeal from the decision of Town Vending Committee clause
which provides that every street vendor who is aggrieved has the right to be
heard before disposal of his matter by the Local Authority.

Chapter III of the Act deals with the Rights and Obligations of the Street
Vendors Provisions which consists of Sections 12-17 which provides that
every street vendor shall maintain cleanliness, public hygiene, civic amenities
and public property in the vending and nearby zone. And pay periodic changes
for civic amenities and facilities.

Chapter IV of the Act deals with the Relocation and Eviction of Street
Vendors Provisions which consists of Sections 18-19 which provides that after
the issuance of the vending certificate no vendor shall be relocated or evicted
from the specified place without 30days notice. In case of seized goods by the
local authority, non- perishable goods shall be released within working days and
in case of perishable goods on the same day.

Chapter V of the Act deals with the Dispute Redressal Mechanism

Provisions which consists of Section 20 which provides that for redressal of
grievance or resolution of disputes of Street Vendors the committee shall
consist of a Chairperson who has been a Civil Judge or a Judicial Magistrate
and two other professionals. But no government employee or the local authority
shall be appointed as members of the committee.

Chapter VI of the Act deals with the Plan for Street Vending Provisions
which consists of Section 21 which provides that once in every 5 years the local
authority on the recommendations of the Town Vending Committee shall
prepare a plan to promote the vocation of Street Vendors covering the matters
contained in the 1st Schedule.
Chapter VII of the Act deals with the Town Vending Committee Provisions
which consists of Sections 22-26 which provides that there shall be atleast one
Town Vending Committee for each zone or ward. Each Town Vending
Committee shall consist of Municipal Commissioner or Chief Executive
Officer, who shall be the chairperson. The number of members nominated to
represent the NGOs (Non-Governmental Organization) and the CBOs
(Community based Organization) shall not be less than 10%. The numbers of
members representing the Street Vendors shall not be less than 40% who shall
be elected by the Street Vendors themselves in such manner as may prescribed.
1/3rd of members representing the Street Vendors shall be from amongst women
vendors and due representation shall be given to the SC, ST, OBC, minorities
and persons with disabilities from amongst the members representing Street
Vendors. Every Town Vending Committee shall publish Street Vendor’s charter
and data-base and carrying out of social audit.

12
Chapter VIII of the Act deals with the Prevention of Harassment of Street
Vendors Provisions which consists of Section 27 which provides that every
street vendor who carries on street vending activities in accordance with the
terms and conditions of the vending certificate shall be entitled for prevention of
harassment by police and other authorities.

Chapter IX of the Act deals with the Penal Provisions which consists of
Section 28 which provides that there shall be a penalty of Rs 2000/- imposed on
any street vendor who contravenes any of the terms and conditions of the
vending certificate.

Chapter X of the Act deals with the Miscellaneous Provisions which consists
of Sections 29-39 which provides that the provisions of this Act, not to be
interpreted as conferring ownership rights, etc. The appropriate government
may organize research, training and awareness programmes for the street
vendors to exercise the rights contemplated under the Act. The appropriate
government shall within 1 year from the date of commencement of the Act, by
notification make rules for carrying out the provisions of this Act.
SCHEDULE 1 of the Act deals with the Plan for Street Vending.

SCHEDULE 2 of the Act deals the matters to be provided in the Scheme for
Street Vendors framed by the Appropriate Government.

CRITICAL ANALYSIS OF THE ACT:

 There is no provision of consulting TVC while formulating the street
vending plan. With the TVC not being consulted while framing the street
vending plan, it is not clear whether there are adequate safeguards in
ensuring that the plan is effective and that vending zones are decided in a
fair and transparent manner.
 Conflict with State Laws: The Bill states that the central law will override
any other state law in case there is conflict between the two laws. Under
this Act, the TVC has a limited role involving the issue and renewal of
registration and vending certificates and keeping records of street vendors
such as the stall allotted for vending, category of vending and the
business carried out. However, in some states such as Chhattisgarh and
Rajasthan the laws on street vending (and the Odisha street vendors
policy) give the TVC the power to identify and designate vending zones
and determine the vending capacity of each zone.19
19
Retrieved from http://iasscore.in/national-issues/protection-of-livelihood-of-street-vendor.... as accessed
on 09-05-2017 at 12:30am.

13
  The Act specifies that no vendor can be evicted without a 30 days notice
by the local authority. Also the vendor will be entitled to a separate
vending location. This provision has however been observed only in its
breach with vendors being evicted at will based on the whims and fancies
of police and local authorities.
 However Street Vendors Act was enacted in 2014 but till now only
preliminary effort has been done in actual implementation of this act like
framing rules or conducting survey etc. The condition is so worse that
TVC has been constituted in many areas but street vendors don’t have
any knowledge about powers and functioning of TVC.
 The current Act leaves a lot with delegated legislation and it defeats the
purpose of a Central law. Most of the issued are left to the Scheme that is
to be framed by the local authorities beginning with the manner of
registration to the entire thing.
 The railway accommodates a significant population of street vendors in
India but unfortunately railway is excluded from purview of this Act. The
Standing Committee has also recommended that railway should be
included under purview of this Act.
 The undertaking given by person that no other means of livelihood is
controversial because suppose any person employed as watchman can
look for part time employment as a street vendor. So clause shall be
subjected to things such as i/c of person, estimated i/c from applying
vending business etc.
 The obligations such as fee for certification, maintenance charges, to
maintain public property/hygienic conditions etc. can be cause of breach
of conditions by a street vendor because average daily income of street
vendors is around Rs 70 as per survey and lead to harassment of vendors
by officials. So, ultimately defeat the purpose of this Act.20

CONCLUSION
From the above discussion, it can be concluded that the street vendors and
hawkers constitute the most visible and active parts of the large informal sector.
Street Vending is a way of hope for those persons who migrate from villages to
town for earning and gaining some profit for themselves. Street Vendors
provides commodities at relatively low prices, sometimes at door step, to the
marginalized sections of the society. In view of Police and Municipal Laws,
vendors are the obstructers of public space, pavements or streets and hence
became the victims in the eye of the police.

20
Ibid.

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The socio-economic spheres of the Street Vendors are not as good as they suffer
harassment and the policies related for the protection of the Street Vendors are
not implemented properly and many of vendors are unaware of the protection
given to them.

The Street Vendors Act of 2014 has some flawed provisions but still it is a very
good start for creating a harassment free environment for street vendors. There
is need to do a lot for purpose of harassment free environment such as training
to TVC members, organized elections of street vendors in TVC, apply
provisions of this Act to railways, to conduct awareness programme for the
street vendors, etc.

Thus, the Street Vendors rights must be protected and must be preserved
according to what they deserve to live a peaceful life.

REFERENCES
1. www.pri.org/.../indias-street-vendors-are-hanging-malls-and-
supermarkets...
2. www.indiacode.nic.in/acts2014/7%252...
3. https://law.yale.edu/system/files/documents...
4. https://cept.ac.in/UserFiles/File/CUE/Worki...
5. http://en.m.wikipedia.org/wiki/Street_Vendor...
6. http://iasscore.in/national-issues/protection-of-livelihood-of-street-
vendor....

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