Abstract
The issue of street
vendors are almost same across India, space for vending and harassment by
either police or municipal authority. Manipur
considered as one of the city which have a good model of street vendor market
in India. Even though, Manipur also have an unending problem due to increasing
number of vendors and limited space for vending in the Imphal City. There is
unending cases for inhumane treatment of vendor by police, collection of money
and so on. For the last couple of year there is an increasing trend of
agitation of street vendors for unequal treatment of licensed and non-licensed who
used to sit in the same place before the construction of the new buildings in
the same place. All these arose due to lack of proper management of by
Municipal authority and the Government after all. The paper takes on
sustainable solutions for the issues of street vendors in Imphal, Manipur. The article starts with describing
about street vendors and cases across India followed by the case of street vendors in Manipur
and concludes with recommendations.
Introduction
An street vendor is broadly defined as a person
who offers goods for sale to the public without having a permanent built-up
structure from which to sell. Street vendors may be stationary in the sense
that they occupy space on the pavements of other public/private spaces or, they
may be mobile in the sense they more from place to place by carrying their wares
or push carts or in basket on their heads or similar kind of.
Lack of gainful
employment coupled with poverty in rural area has pushed people out of their
villages in search of a better existence in the cities. These migrations do not
possess the skill or the education to enable them to find better paid and
secure employment in the formal sector and owing to this reason they have to
settle for work in the informal sector itself.
Scenario of street Vendors across India
In India percentage of
street vendors account for about 2.5 during 2005 and now this must have
increased now. The very high growth in the numbers of street vendors could be
seen clearly after the 1991 when India implemented the new economic policy,
Liberalisation, Privatisation and Globalisation. According to a study done by
National Alliance of Street Vendors of India (NASVI) across few of metro cities
including Imphal in North East apart of Metros they could find similar pattern
in terms of their earning, their living standard and the challenges they face
from state. They earn from Rs.50 to Rs.80 per day, in this women earn less than
males, Rs.40 to Rs.60 per day. Street vendors across the country are majorly
worked under gruel condition. They face harassment either from Municipal Cooperation
or Police or both. Police take ransom from the vendors who do not have license
to sit. Therefore their protection is
the issue across India.
Review of other’s works
One of the biggest
external challenges is the insecurity of street hawkers/vendors. Police is the
factor insecurity for street vendors. They are threatened to be evicted, beaten
by stick like animal and confiscate goods by police in almost every cities of
India.
There are some reasons
based on which atrocities by police is justified by police- road capacities
reduces in the process of buying and selling which adds another problem over
the existing problem of congestion of traffic with the increasing population.
Street vendors also make dirty in different ways. But these reasons are baseless
because street vendors alone does not play the role of making road dirty and
congested, rather depend a lot on the how it is manage. Municipality tax from
vendors is to clean the road.
Whatever the reason we
cannot evict street vendors from the roadside unless they are provided alternative because they also have their fundamental right. They are part of
the economy, part of the society which we neither ignore their cause nor
indifferent to them. Before the modern markets come they already had been with
the markets. They continued the same profession from their fathers and mothers.
The one who have been with the same profession of street vending for the last
20 year will not be possible to shift to some other new profession forcefully.
It looks like the discrimination of poor both who are selling and buying while
considering the rich who move fast by vehicles. The Article 14 of Indian
constitution states that the state shall not deny to any person before the law
or the equal protection of the laws within the territory of India. The Article
19(1)(g) states that all citizens shall have the right to practice or to carry
on any occupation, trade or business. Furthermore, the Article 21 (Protection
of Life and Personal Property) states that no person shall be deprived of his
life or personal liberty except according to procedure established by law. The
above mentioned constitutional rights provide the protection of the street
vendors but ignore by authorities which are in nearest to street vendors.
We can look into few
cases to see the stand of Supreme Court.
In the case of Sodan Singh and Others vs. New Delhi Municipal Committee
and Others (1989 Indlaw SC 213) the fundamental question that was addressed was
whether the rights provided in Article 19(1)(g) and Article 21 of the
Constitution be restricted by the government under the Article 19(6) of the
Constitution. The Supreme Court held that vendors have the right to carry out
their business for their livelihood on the roadside, as long as they do not interfere
with the rights of the other people (Sundaram, 2010). But the fact is that a poor man cannot demand
for fundamental right for a small space in the area where the purpose is meant
for movement as whole. This is still one justification which police and
municipal authorities use. In the case of Bombay Hawkers’ Union and Others vs.
BMC and Others (1985 Indlaw SC 191) SC provides certain guidelines for the
government and hawkers. Hawkers/vendors are not allowed to make any permanent
structure and were expected to cooperate with Municipal Corporation in keeping
the roads clean. And the government was advised to demarcate hawking zones to
avoid discomfort with other user of the road. The similar order was given in
the case of Municipal Corporation of Delhi vs. Gurnam Kaur (1988 Indlaw SC 703)
that hawker’s and non-hawker’s zone may be created to avoid forceful squatting of
the vendors and SC ordered, as the main theme of the case, against the vendors
that there was no threat to their life by the removal of their stall. In the
case of Gulamali Gulamnabi Shaik vs. Municipal Commissioner (1986 GLH 616) SC
directed that the government to frame rules and regulation for vendors for
providing the license and spaces to let them carry out their business.
In the above discussed
cases we can see the issues of regulation of places for carrying out business
for vendors, regulation of items of vending, regulation and procedures of
eviction of vendors, issues of bribery, extortion, and harassment of street
hawkers and rehabilitation and relocation of vendors. The solutions of the
above issues are the need of the hour in order to solve the problem of
congestion and cleanliness rather than force disappearance of street vendors.
One such step in response to the above issues is the National Policy for Urban
Street Vendors, 2004 (2009 and 2012 is not discussed here). Section 4.2.1 of
the policy suggests enough space should be given for vendors at least to the
extent of 2-2.5% of the total city population. Under section 4.1.1 vendors are
expected to register and should be monitor by concern authority. Section 5
provides safeguard to the vendor from confiscation. In addition, section 8 of
the policy discusses the insurance and financial issues of the hawkers.
The policy looks like
the issues discussed above have been solved but there has been little change in
the status of the street vendors so far. The Policy neither does have any (future)
enforcement mechanism nor any roadmap or time frame for the result of the
policy. The policy mentioned for changing the Section 283 and 431 of Indian
penal Code (IPC) and municipal acts in conformity with the new policy in order
to enable the policy implemented on the ground. These two sections are used by
the authority against the hawkers either for good motive or for their benefit
that creates fear to the hawkers which is the greatest challenge of the
hawkers. For example, highly authoritarian and arbitrary act is found in the
Bihar Police Act Section 34 which states that Police can punish any one causing
obstruction, annoyance or inconvenience to the public. The point is that before
changes in such highly authoritarian acts the Policy of Urban Street Vendors
will go not so far in solving the above mentioned issued.
Case
of Manipur
Issue
After a long time
hardship confronting inclement weather to earn daily livelihood women street
vendors in different parts of Khwairamban Bazaar and its surrounding areas had
shifted to the temporary Market sheds starting from February 2011 onwards. The markets around Khwairamban Market from
where the vendor shifted to the temporary market sheds are Naga Nullah, Chakkri
Kom, East of Sessions Judge Court, Maharani Bridge and along the stretch of BT
flyover. According to The Sangai
Express, a local newspaper, the total number of license that the Imphal
Municipal has issued to the street vendors in Naga Nullah, Chakkri Kom, East of
Sessions Judge Court, Maharani Bridge and BT flyover area is 984, while the
number of the street vendors who have no license and allotted space for selling
their wares in the open market is 497. The number of non-license street vendors
in and around Maharani Bridge is around 400. So, in all a total number of 897
non-license street vendors allotted space in the temporary market sheds. The
major problem here is extra number of non-license street vendors and the clash
among them during the allotment of the seats. This problem is still continue
and is the issue of street vendors.
Cause of the issue
The Imphal Municipal Council made the surveys of
unlicensed vendors sitting on street vendors in the beginning of 2010. The
survey has recorded 3, 882 street vendors through photographs. They have been
sitting for more than the last 15 years and they have been identified by the
survey but license was not given to them. Street vendors including both
licensed and non-licensed from Purana Bazaar, Lakshmi Market and New Market have
signed a Memorandum Of Understanding (MoU) dated, 19/04/05 with government of
Manipur. The MoU states that a permanent structure comprising basement, ground
floor and first floor will be built at the place of the markets. The MoU also
promises that the ground floor of the built structure will be given to the licensed
vendors. There was also an understanding that the first floor will be given to
the non-licensed vendors and the basement will be used for parking. During the
time when the market structure were constructed the vendors were working in the
temporary vending sites and the road sides surrounding of the markets
structure.
The constructions of buildings were completed last year.
The markets were inaugurated on 12/11/2010 by the chairperson of UPA government
and the National Advisory Council, Mrs. Sonia Gandhi. The licensed vendors were
allotted any place on the ground floor of the women markets. The non-licensed
vendors were no allotted any place in the newly built market buildings. In
spite of women markets laying vacant the vendors are forced to vend on the
roadsides surroundings of the women markets.
It is not disclosed why the first floor of the constructed market is not
allotted for vending for the non-licensed vendors, if done so it could dissolve
all agitations from the vendors. Instead of this, government is investing money
on construction of new markets at Lamphel which very far from the main Business
District Zone. This new market place is meant for non-licensed vendors, and who got license are allotted in the main
building, Ima Keithel (Bazaar) , which is in the middle of the business zone,
where all buyers come here itself. This new market in Lamphel is the area where
hardly buyers will go there. Displacement of non-licensed vendor who have been
vending in Ima Keithel for multiple years to such an area where there is no
business establishment is not fair and it is against equal treatment of the vendors
between licensed and non-licensed. Government is spending money on construction
of new other buildings to accommodate the vendors which is increasing at the number
of one lakh per annum. The main reasons for sudden agitations by non-licensed
street vendors are because of the harassment by police on regular basis, taking
money by city police from the roadside vendors most of them are non-licensed
vendors, eviction and destroy of materials and they are exposed to all kinds of
weather ranging from rainy and to sunny. It is not possible for the non-licensed
vendors to sit in the rainy days while this is not the case for those who got
sit in the new building of Ima Keithel.
Policy
Options
Framework
The policy options which are going to address the problem
of unrest between municipal and non-licensed street vendors need to cover the
equity, equality, rights and identity and interest of the street vendors. There already had the solution in order to
arrest the increasing agitation of the street vendors, but this was not
happened because the policy options were not based on equality and equity among
the licensed and non-licensed vendors. Municipal council wants all non-licensed
vendor out of the main business zone while all licensed vendors are putted in
the main business area. This was also one of the reasons for the agitation for
vendors. It is not a legal right but many of those non-licensed vendors who
could not get seat in the Ima Keithel have been sitting in the Ima Keithel
before displacement was happened for the reconstruction of the market. They
were displaced promising that they will also be placed in the same area, Ima Keithel,
which was not happened at all. And, in addition, most of the non-licensed
vendors are from Muslim and Christian community which are minority in
communities in Manipur. Whereas, majority of licensed vendors, administrator in
Municipal Council and Police are dominantly of Majority community. The current
system of management looks discriminatory. . Because, Not only the partial
treatment of non-licensed vendors by Municipal Council but also badly treated
by Police in which most of the victims are belongs to minority community who
come from far villages. Because of the distance they come from they are comparatively
new chronologically in the market. Thus a matter of identity also came into the
picture while making a sustainable solution for non-licensed street vendors. Altogether,
for a sustainable solution a participatory and informed decision making should
be backbone of policy and planning regarding the issue of street vendors.
Evaluation
The options feasible for the solutions under the above
mentioned framework is a holistic approach of urban planning from the economic development
and congestion reduction point of views. It is very important to provide the
space for vending in the main business zone as the area had been attached with
history of Manipur and keeping this point throughout the planning process will
serve the above mentioned framework. In this context we cannot give any role to
any non-state agency to find solution because non states cannot enter this
because of disturbance from the militants and if there is involvement of Non-governmental
Development Organisations
(NGDOs) that will not be sustainable. Therefore, it is the state government only
who can provide the solution for this problem of street vendors. The only
options available are to provide proper space for vending which is suitable for
all kinds of weather and there will no harassment from the police and Municipal
Council.
The first option is to construct a market in the area
where now it is parking space. This will accepted by all vendors as it is
within the main business zone for the present solution. This will stop the
agitation of street vendors. This solution serves the above framework. But this
is not sustainable solution for the increasing number of vendors. For the
parking, the architecture of the building itself can accommodate the parking
space. This solution will serve as an idea of natural market in the area. In
fact the area itself is a natural market before the construction of the
building as part of renovation. So, it is always recommended to maintain a
natural market for vendors in order to solve the issues of conflict between
vendors and Police and Municipal Council. It is not understood why the first
floor is not given any seat to any vendor, and now laying vacant. Allotting
seat in this floor also will solve a half of the problem of agitation by vendors
in the short term.
Another option is to diffuse the central business zone (CBZ)
in such a way that the main vendors’ zone around Ima Keithel is kept intact
while the rest of the roadside shops such as Showrooms and Cinema Halls along
the Paona Bazaar and Thangal Bazaar are driven out slowly. This is will expand
the spatial extent of demand behavior geographically. This will make conducive
for business to construct other vending markets in future in some other areas
within the expanded zone as the market inertia has created by these driven out
shops. In the case of Lamphel, market inertia is not yet created by any form of
business which could be business inertia for street vendors. This is the reason
Lamphel vending market is not accepted by vendors as it is very far from the
main business zone because there demand behavior is very low, and vendor will
get any profit from the business. The expansion of CBZ through big shops will
serve as a model to reduce congestion in the city which now one of the most
issue in the city mainly around the Ima Keithel while providing the space to
agitating street vendors. Apart from infrastructural, the formation of Town
Vending Committee (TVC) (as suggested in Street Vendors Policy, 2009), as
already there in other name, and the inclusion of street vendors from all
communities is should be made compulsory. As mentioned above, a participatory
model of decision that includes all stakeholders should be the core of policy
and planning process. These are some of the most recommendation for a
sustainable solution to the issue of street vendors in view of the increasing
number of street vendors and the city as whole.
Conclusion
Ill management of the
city and corruption caused a lot of unrest among the street vendor and chaos in
the delivery of the services to the vendors because of which the livelihood of
the vendors are affected seriously for a long time and hard to imagine what
could be the problem in their families consequently. Just by constructing
market building will not solve without keeping in mind the above framework-
equity and equality, inclusive and participatory, communal context and
transparency. It is important to approach the solution with a holistic view. It
is not made understood why the first floor is not allotted any seat and there
is no involvement of vendor during the planning of the market. The construction
and planning for the street vendors should be from the perspective of the
business of the small and marginalised street business. Hence creating business
inertia through big shops first in view of small vendors is very important.
Formation of a functional Town Vending Committee (reorganisation of the
existing one) inclusive of vendors from all communities should be compulsory. Transparency
is not in the current policy and management of Municipality, which should
transparent and make vendors and all stakeholder informed. Street vendors’
business shares a big pie in the economy of the state. Hence, a holistic
approach to the issue of street vendors and the future of the city will shape
the future of the economy of the state.
References
Bhowmik, S. (2010). Legal Protection for Street
Vendors. Economic and Political Weekly, 12-15.
bhowmik, S. K. (n.d.). Hawkers
and The Urban Street Vendors.
Sundaram, S. S. (2010). National
Policy for Urban Street Vendors and Its Impact. Economic and Political
Weekly, 22-25.
