Implementing the National Street Vendors Policy: A State by State Report

1. Implementing the National Street Vendors Policy: A State by State Report Prepared & Presented By: YUVA & NHF ‏

2. Definition of Informal Sector Workers “Informal workers are those who work outside the protection of labour laws and/ or social security benefits and right to work with dignity.”

3. Informal Workers: Who and How Many? • More than 127 occupations where the people are employed informally. • Prominent among them are Street Vendors/ Hawkers, Construction Workers, Rag Pickers, Domestic Workers, Home based Workers etc. • 93% of the workforce in India is employed in the informal economy. • Out of them majority fall under the marginalized identities, 88% SC & ST, 80% OBC, 84% Muslims. 91% of the women in the workforce fall in the informal economy. Informal earn on an average a meagre Rs. 20 a day.

4. Informal Sector Workers: Contributions • Macro level: • More than 65% contribution in the GDP. • Micro Level: • Anti Inflation Processes • Anti Monopolistic Culture • Easy and reasonable service provider to all sections of the society. • Building and sustaining blocks of the city's development and growth.

5. Issues of the Informal Sector Workers • Low and unequal wages. • No social & legal protection. • No social security benefits. • Hazardous conditions of work without protections. • No identity as workers. • Contributions towards nation, state and city’s growth not acknowledged.

6. Hawkers: A major component of the informal sector • Retailing employs 40 million people informally out of which a quarter or approximately a crore are involved in hawking activities. • Hawkers constitute about 2% of the urban population.

7. Hawkers: Definition • National Policy on Urban Street Vendors, 2004: • “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 may be stationary by occupying space on the pavements or other public/private areas, or may be mobile in the sense that they move from place to place carrying their wares on push carts or in cycles or baskets on their heads, or may sell their wares in moving bus etc.”

8. Street Vending as an Occupation • Positive: • 60% economic contribution. • Services at low cost. • Easily approachable. • Anti Inflation Processes • Anti Monopolistic Culture • Negative: • Hindrance in city management. • Encroaching public spaces. • Effect on Public Revenue.

9. Issues • Street Vending is an outside activity, has no place in the planned city. • Formal Markets too costly for the hawkers and they are unable to purchase a shop in them for their business. • City planners unable to envisage markets in any other way except in the form of commercial centers. • Vendors follow the concept of a natural market and have innumerable customers. • Unlawful presence makes the street vendors vulnerable to regular harassment.

10. RESULT Forced evictions by the Municipal authorities Harassment by the local Mafias and police Mental and economic instability

11. Natural Market –a phenomenon Natural Market is a phenomenon in which the growth of a commercial activity especially street vending happens naturally around the planned/unplanned areas of public congregation. Temple Hospital n n St Bus stand Natural Market Schools Residential colonies

12. RETHINKING AN URBAN MARKET PRESENT SCENARIO City cannot remain true to itself by denying their existence FUTURE SCENARIO They cannot escape the city’s need for a face lift as per the liberalization policy and globalization Super market culture Mall cum Food bazaar near the station areas

13. Solution: National Policy The Street Vendors (Protection of livelihood & regularization ) Act, 2009: Salient features of the Act: • Protection of livelihood and regularization of hawking. • Inclusion of hawking spaces in the city planning. • Recognizing that every city and every street is different, the Policy calls for participation of street vendors in policy-making through Town and Ward Vending Committees, calling for local solutions to local problems. • Beautification and clean up programs undertaken by the states or towns should actively involve street vendors in a positive way as a part of the beautification programme. • Policy outlines the role of state governments in facilitating this process.

14. Objectives of the National Policy for the Street Vendors • Overarching objective: “To provide and promote a supportive environment for the vast mass of urban street vendors to carry out their vocation while at the same time ensuring that their vending activities do not lead to overcrowding and unsanitary conditions in public spaces and streets.”

15. Specific Objectives • Legal Status: Formulating an appropriate law, thereby providing for legitimate vending/hawking zones in city/town master or development plans including zonal, local and layout plans and ensuring their enforcement. • Participative Processes: Set up participatory processes that involve local authority, planning authority and police, associations of street vendors, resident welfare associations and other civil society organizations such as NGOs, representatives of professional groups (such as lawyers, doctors, town planners, architects, etc.), representatives of trade and commerce, representatives of scheduled banks and eminent citizens.

16. Specific Objectives contd.. • Organization of Vendors: Promote, where necessary, organizations of street vendors e.g. unions/co-operatives/associations and other forms of organizations to facilitate their collective empowerment. • Civic Facilities: Provide civic facilities for appropriate use of identified spaces as vending/hawking zones, vendors' markets or vending areas in accordance with city/town master plans including zonal, local, and layout plans.

17. Specific Objectives contd.. • Transparent Regulation: Eschew imposing numerical limits on access to public spaces by discretionary licenses, and instead moving to nominal fee-based regulation of access, where previous occupancy of space by the street vendors determines the allocation of space or creating new informal sector markets where space access is on a temporary turn-by-turn basis. • Self-Regulation: Promoteaccess to such services as credit, skill development, housing, social security and capacity building through the services of Self Help Groups SHGs)/Co-operatives/Federations/Micro Finance Institutions (MFIs), Training Institutes etc. should be encouraged.

18. Purpose of the Report • Gauge the impact of the comprehensive National Policy for the street vendors in the different states and cities of the country. • 12 cities and 9 states covered. • Conditions of the Hawkers before and after the policy studied through unstructured interviews. • Main Objective: Facilitate the effective and efficient implementation of the National Policy in the states and cities through a process of monitoring.

19. Best Practices

20. Kolkata (West Bengal) • West Bengal conveyed to the central Governmet that it does not intend to implement the 2004 policy for Street Vendors. • History: 1996, Operation Sunshine, major eviction drive, hawking criminalized further. • Current Status: The city has formulated its policy with regard to hawkers but in the future it is largely dependent on the political will.

21. Kolkata Ground Realities • 2006, Mayor of Kolkata formalizes Apex committee for the implementation of the Hawkers Policy. The committee included 21 hawkers representatives out of the total 28 member of the committee. • Salient features of policy adopted in Kolkata: • No permanent structure shall be erected by the hawkers. • No hawker shall encroach on the carriageway. • No hawking allowed within 50 feet of major intersections. • 1/3 of every footpath free for hawking, with remaining 2/3 to be kept free for movement of pedestrians.

22. Kolkata • Major responsibility of the Hawkers Unions for self compliance. • Apex Committee has decided that on the basis of a complaint the police cannot evict any hawker without a discussion in the committee.

23. Best Practice • Every footpath is a vending zone. • No numerical limits to hawkers, one-third of every footpath is a hawking zone. • Space to all hawkers but the other facilities like electricity are yet to be provided. • Maximum Participation of Hawkers in the various committees. • Strengthens organizations in decision making and implementation.

24. Bhubaneswar ( Orissa) Status of the Policy • Relocation of the hawkers into 30 vending zones in consultation with hawkers’ representatives. Other areas of the city no vending zones. • Stalls in the vending zones constructed out of steel. Half of the cost borne by the hawkers with assistance from the Bhubaneswar Municipal corporation (BMC). • BMC has also instructed for provision of water in the hawking zones.

25. Implementation Realities • Vending zones for 3000 hawkers. More under construction. • No laws amended. Vending zones give legitimacy. • No Town Vending committees. New Vending Zone committees. Full participation of unions. • Work with existing hawkers organizations as well as creation of new ones. • Vending zones include water, electricity and solid waste management.

26. Chennai (Tamil Nadu) History of the Policies • 2002, Joint Action Committee of informal workers. • Identification of the vulnerabilities of the hawkers in Chennai.

27. Chennai Ground Realities • Acceptance of scheme drafted by Justice Kanakaraj by Chennai High Court in 2006. • Salient features of the Scheme: • Does not apply to flower vendors doing business around temples or churches, small vegetable vendors occupying less than 15 sq. feet, or seasonal vendors. • Criminalizes hawkers that violate the new regulations. • A municipal zone by zone review for upgrading and standardizing stalls and markets with better ventilation and/or toilet facilities. • No new hawkers will be allowed into the newly regularized areas. • Mobile vendors will receive identity cards, but are prevented from using pushcarts.

28. Chennai • 80% hawkers satisfied with the scheme. 20% complain of loss in business due to relocation. • Scheme does not talk about the 2,000 hawkers on the Marina Beach. • 2007, Hawkers Committee report for second scheme based on the survey of more areas of the city.

29. Multiple Provisions: Implementation?

30. Delhi History of Policies for Hawkers • 1989- Case lodged by Delhi Hawker. • 1992- Tehbazari ‘licensing’ system. • 2004- MCD declared its intentions to implement the National Policy. • Appointment of 12 Zone Vending Committees & 134 Ward Vending Committees. • MCD appointed sub-committee to make suggestions towards registration of Tehbazaris.

31. Delhi Ground Realities • Progress stopped after the establishment of the vending committees. • Many Ward vending committees have seized to function. • Size of the Zonal Vending committees hampers proper functioning. • Municipal Councilor chairs both the committees so meeting become problematic. • Lack well developed democratic practices. • Hawkers representation in various committees not as per the guidelines of the National Policy.

32. Delhi Ground Realities • 1/3rd women representation in the committees does not exist. • Semi implementation of the Policy not beneficial for the Hawkers. • Evictions of the Hawkers continue. • 2010 Commonwealth Games threaten hawkers access to space. • Spread of corporate retail chains threaten their livelihoods.

33. Delhi: Implementation Realities • No laws amended. Vending zones proposed but never implemented. • Zonal and ward vending committees mostly inactive. • Little change through the policy with regard to organization of the hawkers. • No facilities for the hawkers. • No progress towards the regulation of the hawkers. • No progress towards self compliance and social security.

34. Mumbai (Maharashtra) History of Hawkers • 1970’s, more than 15,000 hawkers given license. No more licenses issued till date. • 1985, court directs MC to designate hawking zones. Advisory committee set up. Prepares draft scheme in 10 years. • BMC mean while took a lot of initiatives- Pauti Scheme, commissioned a survey by TISS & YUVA of hawkers. • Committees Proposals not implemented. • With the drafting of the National Policy on Street Vendors, MCGM suggested a renewal of Pauti system. • 2003, 3 member committee, finalizes 187 hawking zones.

35. Mumbai Ground Realities • State guidelines yet to be implemented. • Evictions and bribes continue. • Resident Associations formidable obstacle. • Beautification drives, corporate retail shops and malls threat to hawkers. • Slum demolition add to vulnerabilities. • Growing political regionalism threatens the North Indian Hawkers. • Failure of Hawkers Plaza, Dadar

36. Implementation Realities • 187 vending zones partially enforced. • No participatory mechanism. • No proportion of hawkers organizations. • No facilities for the hawkers. • No progress towards self compliance and social security.

37. Pune ( Maharashtra) Status of the Policy • PMC has drafted a policy. • Construction of new vending zones. • Ward Vending & zone Vending Committees. • Health benefits. • Provision of facilities like electricity & water. • Eligibility for regularization: 15 yrs domicile of Pune or surrounding villages as well as those working in the city to possess domicile of Maharashtra state.

38. Pune Ground Realities • Proportion of hawkers in the different levels of committees inversely proportional to the decision making power. • Policy implementation has concentrated on clearing hawkers from major roads. • Health benefits promised remain on paper. • Funding not a problem in the way of implementation rather it is the political will.

39. Our Stand • Street Vending is a natural phenomenon benefiting all. • Negatives of such an activity can be sorted out through a process of incorporation in the town/city planning. • YUVA’s attempt towards integrating the street vendors in the city planning: Nallasopara Model

40. Recommendations • Legislation: • Amendments must be made to all relevant municipal, state, and central laws. • The Indian Penal Code and Police Act should also be amended in order to legalize hawking. • Resource Allocation: • Budgetary allocations should be clearly defined as well as the creation for the same at all levels should be there.

41. Recommendations Contd… • Awareness Raising: • Municipal officials as well as the police officers need better awareness and training about the Policy. • Social Security: • Social security benefits to unorganised workers should not be limited to those Below Poverty Line, and hawkers should have their own Social Security Board.

42. Recommendations Contd… • Employment with Dignity: • Labour laws should be enforced. • Retrenched manufacturing workers should receive skill up-gradation training. • An Urban Employment Guarantee Scheme should be developed along the lines of the existing Rural Employment Guarantee Scheme to reduce urban unemployment.

43. City Planning and City Management Integration of Street vendors in city development plan Solid waste disposal system storage spaces public toilets parking RECOMMENDATIONS CONTD…

44. SHORT TERM - Street wise solution till relocation site is earmarked LONG TERM - identification of reservations for market use and developing them as a relocation site PLANNING STRATEGY

45. TYPE OF HAWKING