The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014
The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014
1. Introduction
The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 was enacted by the Indian Parliament to protect the rights of urban street vendors by regulating street vending activities and securing their livelihoods. The Act seeks to balance the interests of vendors, local authorities, and the general public by providing a legal framework for street vending.
2. Purpose and Objectives
Protect the rights of street vendors to livelihood.
Regulate street vending activities to reduce conflicts between vendors, citizens, and authorities.
Provide a transparent and fair process for granting vending licenses.
Promote social and economic inclusion of vendors.
Ensure hygienic and safe vending practices.
3. Key Definitions
Street Vendor: A person who offers goods or services for sale to the public without a fixed shop or establishment, mainly in public spaces.
Local Authority: The municipal corporation or urban local body responsible for regulating street vending in its jurisdiction.
Town Vending Committee (TVC): A committee constituted to oversee the regulation and welfare of street vendors.
4. Salient Features
Constitution of Town Vending Committees: Each local authority is required to constitute a TVC comprising representatives of street vendors, local authorities, and other stakeholders.
Survey of Street Vendors: Mandatory survey of existing street vendors to identify and register them.
Vending Zones: Designation of vending zones and non-vending zones within urban areas.
Issuance of Vending Certificates: Street vendors are entitled to obtain vending certificates, which serve as licenses to vend in specified zones.
Grievance Redressal: Provision for redressal of grievances of street vendors.
Penalties: Imposition of penalties for harassment or eviction of street vendors in violation of the Act.
Protection against Eviction: Vendors cannot be evicted without following due process and providing an alternative vending space.
5. Constitution and Role of Town Vending Committee (TVC)
TVC shall consist of 50% street vendors, elected from the vendors themselves.
Other members include representatives from local authorities, police, NGOs, and other stakeholders.
The TVC is responsible for conducting surveys, identifying vending zones, issuing vending certificates, and resolving disputes.
6. Registration and Licensing
Vendors identified in the survey are registered and issued vending certificates.
Certificates are issued for a period of 5 years and renewable.
Vendors are given priority in the allocation of vending zones.
7. Vending Zones
Local authorities demarcate vending zones in consultation with the TVC.
Vending zones should be accessible, have minimal interference with traffic, and consider the safety of vendors and citizens.
Non-vending zones are areas where vending is prohibited due to public interest concerns.
8. Rights and Responsibilities of Street Vendors
Vendors have the right to vend in their designated zones.
They should maintain cleanliness and follow regulations regarding public safety.
Vendors must cooperate with local authorities and TVC for orderly vending.
Important Provisions of the Act
| Section | Provision |
|---|---|
| Section 3 | Constitution of Town Vending Committee (TVC) |
| Section 4 | Conducting Survey of Street Vendors |
| Section 7 | Registration and Issuance of Vending Certificate |
| Section 11 | Identification of Vending Zones |
| Section 14 | Protection against Eviction without due process |
| Section 17 | Offenses and Penalties |
| Section 20 | Grievance Redressal Mechanism |
Relevant Case Laws
1. Manohar Joshi vs. The Municipal Corporation of Greater Mumbai (2019)
Issue: Legality of eviction of street vendors without issuing vending certificates.
Judgment: The Bombay High Court held that street vendors cannot be evicted without following the procedure under the 2014 Act. Municipal authorities must first conduct a survey and issue vending certificates before taking any action.
2. Secretary, Urban Development Department vs. Keshav Rao Jadhav (2017)
Issue: Whether local authorities must protect street vendors' rights to livelihood.
Judgment: The Supreme Court emphasized the need for protection of livelihood of street vendors and upheld the provisions of the Act ensuring vendors’ rights to vend in designated zones.
3. Sushila Devi vs. Union of India (2016)
Issue: Harassment and illegal eviction of street vendors.
Judgment: The court directed local authorities to adhere to the Act’s guidelines and ensure no harassment or eviction without proper due process and grievance redressal.
Significance of the Act
Provides legal recognition to street vendors.
Balances urban development with livelihood rights.
Promotes dignity and welfare of street vendors.
Encourages better urban management and civic amenities.
Helps in reducing exploitation and harassment of vendors.
Challenges in Implementation
Resistance from local authorities.
Incomplete or delayed surveys.
Enforcement of designated vending zones.
Addressing conflicts between vendors and fixed shopkeepers.
Awareness among vendors about their rights.
Summary
The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 is a progressive legislation aimed at safeguarding the livelihood of millions of urban street vendors while regulating street vending in a planned and humane manner. It emphasizes participatory governance through Town Vending Committees and legal protection against arbitrary eviction and harassment.
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