Street Vending (Part-3)
SOCIAL ECONOMIC & CULTURAL
STATUS OF STREET VENDORS
PRACTICES OF STREET VENDERING
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
Very informative, keep posting such good articles, it really helps to know about things.
ReplyDeleteHey keep posting such good and meaningful articles.
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