Saturday, 28 June 2014

Street Vending (Part-3)

                             Street Vending (Part-3)

SOCIAL ECONOMIC & CULTURAL STATUS OF STREET VENDORS
Socially street vendors are not respected by the society. Socially they are illiterate and economically they are backward. Because of lack of education they become hawkers , so for the improvement of their conditions various NGOs and union’s have moved out to resolve such problems , consequently Indian government adapted street vending as fundamental right under art.19(1)g of  the constitution of India.[1] Not only that Manipur has built separate vending zones for women street vendors’[2].ministry of housing and urban property alleviation, government has adopted a national policy on street vendors, 2009 [3] to eradicate such problems. Culturally vendors are also spreading their vending zone near temples, mosque, church and all other religious places to earn the money. So entirely we can say that the status of vendors in India is extremely weird. So the government and other social associations are coming forward to improve such problems.

PRACTICES OF STREET VENDERING

·         FASHION STREET IN MUMBAI [4]
 Fashion Street in Mumbai provides a good example of how street vending can be used to meet the demands of the market. It is a linear settlement of around 200 little shops along the Readymade garments are one of Mumbai's chief exports - and the surplus lands up at Fashion Street, a huddle of little shops on Mahatma Gandhi Road. Clothes are of good quality, trendy, and probably the cheapest anywhere in the world. India is a huge supplier of garments to the international market and major department stores. This has created a local market in Bombay for any surplus inventory. Same as linking road in Bandra[5] is also a very good example of street vending.

·         BOOK SELLERS
 Railway station, subway of Churchgate station and outside the Andheri station hawkers sells books on the reasonable cost that is 60 Rs. Per book.  On the pavements from Churchgate to flora and next to the Mumbai university building are consider as the major area for book sellers.


MOVEMENTS FOR THE PROTECTION OF STREET VENDORS
 Nationwide programs marked vendors ‘day on 20th January[6] as street vendors ‘ organizations affiliated to national association of street vendors of India (NASVI)[7] held conventions, demonstration , sit in hunger strike and human chains in different cities and towns of the country demanded drafting of bill for central law for street vendors. NASVI[8] also demanded that the proposed should be effective and comprehensive enough to ensure that the street vendors get secured and dignified livelihood the participation and inclusion of street place at a rapid pace.

LEGAL MEASURES TAKEN BY THE CONSTITTUION OR GOVERNMENT TO PROTECT THE INTEREST OF STREET VENDERS

Right to trade, Art. 19(1) (g)[9] gives the Indian citizen a fundamental right to practice any profession, or to carry out any occupation, trade or business. Bombay hawkers unions Vs Bombay municipal corporation 1985,[10]on 3rd july,1985, in this case the supreme court suggested that a scheme for regulating grant of license  to hawkers and creating hawking and no-hawking zones be worked out for which certain directions were given by the court.

  Social justice – the preamble of the Indian constitution states that India is a sovereign, socialist, secular democratic republic and shall secure to its citizens justice, social, economic and political and equality of status and opportunity. Directive Principles: Article 38(1) [11] directs the state to promote the welfare of the people by securing a social order in which justice – social, economic and political, shall inform all institutions of national life. The state is also directed by Article 38(2)[12] to ‘minimize the inequalities in income status, facilities and opportunities.’ Article 39(a)[13] directs the state to formulate policy to ensure that citizens, men and women equally, have the right to an adequate means of livelihood. It further provides that ownership and control of material resources of the community must be distributed to serve the common good, and that the operation of the economic system must not result in the concentration of wealth and means of production. Article 41[14] specifically provides for ‘right to work’ within the limits of the economic capacity of the state.
Equality before Law- Article 14 [15] of the Constitution states that the state shall not deny to any person equal - lity before the law or equal protection of the laws within the territory of India.


PERSONAL SUGGESTIONS TO IMPROVE SUCH CONDITONS:

With the mentioned information and data I concluded that street vending should protect by the government and government should make some bills or laws to eradicate such problem but I feel these much things also would not be sufficient to improve the conditions of vendors, so the vendors themselves should come forward to spread their rights but this revolutionary movement can succeed only with the help of “Education” I am highlighting this point Education because education is the only sharp weapon to fight against such exploitation. If vendors are aware about their rights then they would be able to fight such battle against this tyranny world. I know I m using this tyranny word which is not exist in present world but actually it does exist still the people are harassed by their supreme authority. Where is Democracy? If there is democracy then why people are not allowed to work. Is the only rich entrepreneur can do business? Only they have right which is mentioned in article 19(1) g[16] of Indian constitution. NO, I am totally disagree with this statement if there is some rights and opportunity of business  for rich entrepreneur then there should also give the same right to poor street vendors. And when this policy will implement actually then this great Nation would be able to work without prejudices. In the light of aforementioned reasons it is highly recommend that:

R1: Government should issue license to all poor street vendors on reasonable cost.

R2: Government should make some provisions to remove “HAFATA VASULI” and other illegal activities which occur highly in some streets and other public places.

R3: Awareness and minimum education should be given to illiterate vendors to carry out their work and they should given hawking zone where they can earn their livelihood. And that hawking zone should make in attractive manner which will help our nation to increase the beauty of each parts.
  
                                                                                                
CONCLUSION:

With the help of aforesaid survey and the basic information , rules & regulations about street vending it is concluded that street vendors play unique role in the social and other activities of the society but still they are ill-treated by the governmental authority so , the government should make some special provisions to improve the status of street vendors and their occupation and government should legalize street vending and government should give them a hawker zone where they can earn for their livelihood because in the Indian constitution it is clearly mentioned in the preamble about the liberty and liberty includes right to practice any profession, or to carry on any occupation, trade or business.[17] So government should take appropriate decision to promote and protect the interest of street vendors, and for that government should declare some area as the ‘HAWKING ZONE’ and there they should keep some facilities so the beauty and good surroundings would be maintain. So in the end of my writing I would like to explain the great saying of ‘ALBERT EINSEIN’ which I mentioned in starting of my writing, “I have a dream to see my country as the developed country, each day I, imagine one day my country will become the most literate country of this world because now days I am seeing the desire of this great nation’s populations. One of the examples I added in my writing (pravin). My best wishes are with those who are fighting battle with their unfortunate fate and moving ahead”.
                                    
                                     EDUCATION IS THE ABILITY TO MEET THE LIFE’S SITATIONS.
                                                                                                                      – DR. JOHN G.HIBBEN.[18]        

                          
                                               





[1] Gainda ram Vs MCD dated 08.10.2010.
[2] State government dated 19.04.2005.
[3] Article provided by the roadside vendors association.
[4] Mahatma Gandhi, road, fort Bombay.
[5] Bandra west, Mumbai.
[6] NASVI celebrates vendors’ day every year since 2004. When on the day the street vendor movement had influenced the government of India to announce the national policy for urban street vendors.
[7] Nationals programs mark vendor’s day. Government must bring in draft of bill for central law for street vendors in public domain, NASVI demands law must ensure participation and inclusion of street vendors. 
[8] National association of street vendors of India
[9] Sodan Singh and ors Vs. new Delhi municipal committee and ors.:(1989)4scc 155by a constitution bench of this court.
[10] Equivalent citation: 1985 AIR 1206, 1985 SCR sup. (1)849 bench: chandrachud, Y.V.
[11] The state shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall in form all the institutions of the national life.
[12] The state shall, in particular, strive to minimize the inequalities in income, and Endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst the individual but also amongst group of people residing in different areas or engaged in different vocations.
[13] Directive principles of state policy-That the citizens, men and women equally, have the right to an adequate means of livelihood.
[14] Right to work, to education and to public assistance in certain cases – the state shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in case of unemployment, old age, sickness and disablement, and in other case of undeserved want.
[15] The state shall not deny to any person equality before the law and equal protection of the law within the territory of India.
[16] 191  (g) to practice any profession, or to carry on any occupation, trade or business. “nothing in sub clause (g) of the said clause shall effect the operation of any existing law in so far as it imposes, or prevent the state from making any law imposing, in the interest of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause
[17]  Fundamental right guaranteed in Indian constitution- 191(g) to practice any profession, or to carry on any occupation, trade or business. “nothing in sub clause (g) of the said clause shall effect the operation of any existing law in so far as it imposes, or prevent the state from making any law imposing, in the interest of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause.
[18] DR.john G. hibben (April 19, 1861- may 16, 1933) was a president of Princeton University. A philosopher and educator

2 comments:

  1. Very informative, keep posting such good articles, it really helps to know about things.

    ReplyDelete
  2. Hey keep posting such good and meaningful articles.

    ReplyDelete