Women Street Vendors In India - Investigating The Intersection Of Vulnerability And Empowerment
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Category: General Law
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WOMEN STREET VENDORS IN INDIA: INVESTIGATING
THE INTERSECTION OF VULNERABILITY AND
EMPOWERMENT
Saptarishi Prasad Sharma, Assistant Professor, NEF Law College, Guwahati and Research Scholar, National Law University and Judicial Academy, Assam (NLUJA)
ABSTRACT:
Women street vendors over the years have been an embodiment of female empowerment by the virtue of their vending activities conducted upon the streets of various places all by their own. They opt for this work since they are able to work at their own pace without having to worry of the fact that they must work under certain individuals under varied conditions. They have got the liberty of their choice of work as per their desires without any qualms of dominance by others at their place of work. However, having said that it must be noted that these community of women are at the vulnerable end of the realm as well. They are often subjected to diversified unprecedented problems which they face in the streets in contrast to their male counterparts.
Be it from the pressure of the governmental authorities or the hooligans on the streets in the form of street mafias, these women become helpless and must surrender to the demands. With lack of proper implementation of the present legislations, these groups of women try to resort to their own way of solving their problems within their own groups since many fears to approach the judiciary. Thus, promoting feministic empowering approaches while tackling with the claws of vulnerability. Keywords: Empowerment, vulnerability, unprecedented problems, legislation, judiciary
INTRODUCTION:
“Women street vendors are disproportionately impacted as they face added marginalisation and threats of physical and sexual violence” India as an upcoming superpower has not only been a witness to infrastructural development within its jurisdiction, but has also been able to herald financial development as well. One of the main contributors to the realm of financial autonomy of the country could be well attributed to the occupation of ‘street vending. ’ Street vending could be accredited as one of the oldest professions which constitutes an important segment at the bottom of the pyramid of informal economy in the cities1. The term ‘informal economy or sector’ has been referred by the International Labour Organization (ILO) to those activities of the poor who work very hard but are not recognized, recorded, protected and regulated by public authorities.
2 Indeed, poverty as well as lack of gainful employment often leads to people to start venturing into the realm of street vending. 3Moreover, it can also be brought into notice that mass migration also take place from one place to another in other to start street trade as it requires very less money to start. As quoted by ‘Ministry of Housing and Urban Poverty Alleviation’, almost 1 million people in India are street vendors. Going by another empirical statistics roughly 2. 5% of the population of India works as street vendors. 4 In fact, this profession could be considered as ‘universal’ in its characteristics as it is prevalent all around the world in some form or the other whether licensed or unlicensed.
The licensed street vendors have already been allocated proper areas of vending but it is the unlicensed street vendors that occupy public spaces and areas and cause inconvenience for the public at large comprising of the residents, pedestrians etc. It appears to be a herculean task for the designated authorities to extract the exact data as to how many people would be working as unlicensed street vendors so that some necessary steps could be taken for either eradicating them or to reconciling them as licensed vendors.
1Sally Roever, Informal Economy Monitoring Study Sector Report: Street Vendors (2014) accessed 12 June 2024 2 CN Roy, Urban Informal Sector, Urbanisation and Street Vendors in Gujarat, (1st edn, Laxmi Book Publication, 2017) 3 Sharit Bhowmick (ed), Street Vendors in Urban Global Economy, (Routledge Publication, New Delhi, 2010) 4 Bhaskar Vijakumar Bhatt, Ayushi Dineshchandra Jariwala, [2018], A study of Street vending activities in South-east zone of Surat, International Journal of Civil Engineering,
CURRENT SCENARIO OF WOMEN STREET VENDORS:
As per the definitions given in The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 defines street vendors as ‘street vendor means a person engaged in vending of articles, goods, wares, food items or merchandise of everyday use or offering services to the general public, in a street, lane, sidewalk, footpath, pavement, public park or any other public place or private area, from a temporary built up structure or by moving from place to place and includes hawker, peddler, squatter and all other synonymous terms which may be local or region specific. 5’ Again ‘The National Policy for Street Vendors’, 2004 has exhaustively defined the term ‘street vendor’ as “a person who offers goods and services for sale to the public without having a permanent built-up structure but with a temporary static structure or mobile stall.
” The policy has also categorized street vendors into three types: Firstly, those who carry out vending on a regular basis in a specific location; secondly, those do not do vending on a regular basis in some specific location and thirdly the mobile street vendors. ‘According to the level of income, ‘National Commission for Enterprises in the Un-organised Sector’ (NCEUS) has also categorised workers in the unorganised sector. Interestingly, NCEUS has found around 75 percent self-employed workers belong to poor and vulnerable group in the unorganised sector in India and only around 25 percent belong to high income group. On the other hand, NCEUS has also categorised different types of workers within self-employed workers based on income. Hence, according to NCEUS, street vendors are located in the low income self-employed group of workers those who are poor and vulnerable.
’6 Amongst the street vendors are the women street vendors who are scattered across various parts of cities selling varied items like fruits, vegetables, utensils, ornaments etc. As per a study conducted by ‘Confederation of Indian Industries’ in 2005 titled ‘Understanding the Levels of Women Empowerment in Work Place’, 90% of women work in unorganized informal sector in India including street vending. 7However, they are the one who are often prone to various problems and tribulation as opposed to their male counter parts. The empowerment and autonomy of women plays a very trivial role in the upliftment of women but it is only existing in papers; as the reality seems otherwise. Besides, since the women folk are expected to bear
5 The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, s 2(l)
6 Debulal Saha, Conditions Of ‘Decent Working Life’ Of Street Vendors In Mumbai (2015) https://webapps.ilo.org/static/english/protection/travail/pdf/rdwpaper27c.pdf> accessed 11 July 2024
7 Ibid. 4
the double liability of paid work from street vending and unpaid housework, which in turn makes it challenging for the women street vendors. The gender theorists of urban labour market have often stressed upon the fundamental societal and cultural factors that put women in a vulnerable position both at home and in the market. There is a fear of them being subjected to sexual abuse as well as harassment during the course of their work. 8Moreover, lack of urinals and other hygienic facilities cause severe health issues for the women thus impacting their earning capacity. Though the present Street Vendors Act of 2014, gives the women to be represented in the Vending Committees yet it is suspected that it may not necessarily protect the basic human rights to the women street vendors.
Therefore, it becomes very important to take into consideration the women street vendor population while formulating legislations.
PROBLEMS FACED BY THE WOMEN STREET VENDORS:
Day in and day out women street vendors are often subjected to varieties of issues pertaining to their daily activities. Though some of the issues faced have correlation as well as similarity with that of male street vendors, yet the degree or the magnitude of the problems faced by the women street vendors is much more. Some of the issues are as follows:
1. Licensing and non-allotment of vending place:
The main problem which is common to every street vendor is that of ‘space. ’ They are in constant loggerhead with the municipalities for granting them licenses through which they could get a fixed place of vending. However, in the pretext of improper or unavailability of documents or citing ineligibility as a problem, these vendors are not granted their licenses. Over and above that women street vendors find it more difficult due to the patriarchal set-up in the society. 9 Most of the documents are in the name of the husbands or their male counterparts and for the same they are unable to get licences in their names which again in turn prohibit or bar them from getting any vending place. Again, it is often seen that male street vendors are given more preference while allotting the vending places in contrast to the female vendors.
This forces the women street vendors to adopt selling perishable goods in small quantities so that they do not have to suffer the loss upon it getting damaged due to unhygienic places or lack of storage spaces. In fact, all these result in less income of the women street
8 P.Umamakeshwari , K.Arocikam, The Women Street Vendors' Contribution for the Maintenance of their
Families, (2016), Indian Journal of Applied Research, accessed 15 July 2024
9 Ibid 7
vendors in comparison to the males. According to a study conducted by the ‘National Commission for Enterprises in the Unorganized Sectors (NCECUS),’ the average daily income of men street vendors is around Rs.70 in most cities whereas women earn only Rs.40 per day.10
2. Lack of Basic amenities:
Infrastructural lagging is another problem faced by the women street vendors. They are not able to get the basic amenities which causes impediments in their ability to work in safe and dignified conditions. Often operating in informal settings, these women many a times encounter numerous challenges due to the absence of essential facilities like access to clean water, sanitation facilities, and proper waste management systems etc. forcing women street vendors to keep contend with unhygienic conditions that can negatively impact their health and well-being. Additionally, the absence of secure storage spaces or shelters exposes them to the risk of theft, damage to their goods, or adverse weather conditions. The lack of basic amenities not only hampers the productivity and efficiency of women street vendors but also perpetuates inequality and marginalization.11
3. Eviction and Confiscation of goods:
One of the main biggest fears of every street vendor is the fear of unlawful eviction and goods confiscation. The vendors are often harassed on some pretext or the other and the only exercise performed by the authorities is to evict them and then take away their goods. This act not only cause them physical or mental harassment but cause them huge financial loses as there is no guarantee as to whether they would get back their goods or not. Moreover, upon eviction, they are not provided an alternate space for them to perform the vending activities. It has been often reported that in case of women street vendors, the case becomes bit more difficult. The male counterpart somewhere or the other negotiate with the police or municipalities and take back their goods. But for an women vendor the same does not apply.
They are neither made a part of the negotiation or even if they go to take back their goods, they are not returned. The women vendors many a times are not even allowed to talk with the officials and are asked to bring their male counterparts to have a discussion. This causes them serious problems in conducting their everyday affair. 10 Manasi Chaudhari, ‘Invisible’ Women Street Vendors: Lacunae in the Street Vendors Act, 2014, (2014), Christ University Law Journal, accessed
15 September 2014
11 Ibid 6
4. Lack of Safety and Fear of harassment:
Safety in the place of work is a very crucial factor that enables any person to perform their duty efficiently and without any hesitation. But in the modern world, it seems to be an ‘utopian’ concept. Harassment is seen percolating in every sphere and level of work environment and street vending is not an exception to it. The women street vendors are often harassed by the male vendors, police officials etc. by means of verbal abuse, threats, derogatory comments, unwanted advances, or discriminatory treatment based on factors such as gender, race, religion, or sexual orientation. They are also subjected to catcalling, lewd comments, sexual advances, and even physical assault while trying to earn a living. The harassment they endure not only infringes upon their basic human rights but also undermines their ability to work freely and safely.
Women street vendors, already marginalized due to socioeconomic factors, face additional obstacles when seeking justice or support, as they often lack access to legal recourse or advocacy. Such gender-based violence (GBV), “both in its visible and structural forms, limits their access to resources, lowering their participation in the public spaces, and damaging their overall health and well-being. ”12
5. Bribery/ ‘Hafta’ Collection:
Another problem which is faced by the street vendors is that of ‘hafta collection. ’ Hafta is simple parlance could be referred to as an illegal form of money collection by some unauthorised persons with a barter of allowing them to do certain things. In this case ‘hafta’ is collected in lieu of allowing the vendors to carry on their businesses in certain places. The amount collected changes from one place to the other. If the vendors refute, they are either not allowed to carry on their businesses or are removed from the allocated places of vending. For a woman, the additional woos lies in the fact that in the form of hafta collection, many a times the women vendors are harassed and misbehaved. Their goods are taken away and are also asked sexual favours in exchange of the money.
These women folk many a times are not even in a position to negotiate and have to surrender to the needs and demands proposed by the hafta collectors. This is sometimes the main reason as to why women street vendors do not stay in a particular area for a long time to vend and instead move from one area to another.
6. Work-Life Balance:
12 Divyaa Gupta, Safety and Mobility Concerns of Women Street Vegetable Vendors in Ranchi City
(2023) accessed 22 July
Women street vendors find it very difficult to achieve the work-live balance because of the inability to meet the demands of their community and family needs vis-à-vis their daily livelihood. According to the ‘UN Report on Women, Work and Poverty’, women spend more time doing unpaid household chores such as cooking, cleaning and childcare, as compared to men13. These women have to wake up before sun rise, complete every household chore, perform their marital obligations and then proceed for their vending activities. Due to the long and physically demanding working hours which they need to put into their vending works, these women folks are unable to allocate sufficient time and energy for their children, husbands and moreover to themselves as well.
Also many a times, the women vendors bring with them their children who slowly as they grow learn the art of vending and gradually are made to sit in the places of their mothers. This creates an unwanted arrangement of child labour which is strictly prohibited. Though the women try to find out a middle ground to adjust to the situation, yet it makes them prone to lot of health hazards and undergo sacrifices.
7. Health Hazards:
Women street vendors often suffer a lot of health issues owning to the nature of their work. According to a study done by International Labour Organization (ILO) it was found that about 85% of these street vendors have to face health hazards14. These hazards include diseases like migraine, acidity problem, increased depression, high blood pressure, increased blood sugar and alike. 15 Another study conducted by SNDT Women’s University, ‘Mumbai and ILO show that due to lack of access to public toilets, most women street vendors suffer from urinary tract infections and kidney problems’16. Firstly, due to the lack of infrastructural issues and access to basic needs like toilet facilities and drinking water, the women folk must compromise by using dirty and unhygienic places for relieving themselves which in turn affect their health immensely.
Secondly the brunt of environmental pollution is seen more upon the women street vendors in contrast to the males. As reported almost 60% of the women vendors suffer from
13 Ibid 10
14 Mridula Vijayarangakumar, Delhi’s street vendors bear the brunt of extreme heat, study reveals devastating impact (2024) The Hindu, accessed 20 August 2024 15 Puja Mishra, Challenges Faced by Women Street Vendors: A Case Study of Ranchi District (2018) International Journal of Latest Technology in Engineering, Management & Applied Science
(IJLTEMAS)
accessed 27 July 2024 16 B. E. George Dimitrov, Status of Women Street Vendors in India: Issues and Challenges (2022), International Journal of Science and Research (IJSR) accessed 15 July 2024
respiratory issues while almost 32% women suffer from early delivery, miscarriages or even infertility. Many a times, it has been seen that the women vendors have reported of slow foetal development due to the constant inhalation of the pollutants on the streets. These health hazards often impact their daily vending activities which causes huge financial losses to them.
8. Lack of awareness of Rights and Remedies:
It is seen that the women street vendors are not that aware of their rights and remedies which they are entitled to. They do not know whom to approach or where to go in case their rights are violated. Since they are not vigilant of their rights, it is often seen that they are either misinformed or are not entertained in any way. Because of these they tend to undertake the wrong route to protect their daily wage or earning. Moreover, they are also not aware of the various schemes in which they are the main stakeholders. This also causes problems in those instances where the women street vendors largely have to go through a lot of unwanted troubles.
LEGAL FRAMEWORK:
From time immemorial, vending as an economic activity have been an integral and inseparable part of the Indian trade, which is now comprehended as a part of the ‘urban informal economy. ’ Right from the silk routes, to the Tehbaazari System, vendors in all forms have immensely contributed in the economic development of India. During the colonial period, the Britishers imposed institutionalised legal frameworks over the Indian sub-continent, and many of the laws and legal principles introduced at the time remain fundamentally unchanged after independence. The institutional framework for informal activities including street vending activities has generally been uncongenial in the country. 17 However, having said that, there are mention of certain legislations which explicitly deal with street vendors with an undertone for the women street vendors in general.
Some of the Legislation pertaining to women street vendors are:
1. Constitution of India, 1950
The Constitution of India, 1950 provides for a legal basis for the rights which the women street vendors can enjoy. The Preamble of the Constitution mentions ideologies of ‘justice’, ‘liberty’ and ‘equality’ which makes its compulsory for the women street vendors to carry out their trading activities without and troubles. By virtue of several
17 Ibid 17
fundamental rights like ‘Article 19(1)(g) as well as Article 21, the women street vendors have been bestowed with the reasonable opportunities to safeguard their vending activities and perform it without any form of obstructions. However these rights are not absolute in nature.
2. The Street Vendors (Protection of Livelihood and Regulating of Street Vending) Act
2014: The main Act relating to street vendors is the Street Vendors (Protection of Livelihood and Regulating of Street Vending) Act 2014 which provides protection to all the urban street vendors while providing them proper vending places. Some of the features of this Act includes: Ø Street vendors have the right to carry out the business based on the regulations mention in the vending certificate and cannot carry out business in areas which are declared as no - vending zone. Ø Street vendors can have the right to relocate from one area to another with the approval of the local authority or with the town vending committee. Ø Street vendors will work on the time-sharing basis on the area and needs to remove all his goods and products at the end of the time period. Ø Street vendors need to maintain the areas clean and hygiene during the business and after the completion also.
Ø Street vendors need to protect and maintain the public property without tampering or damaging it during the business activity. Ø They are liable to bare the maintenance charges for the time spent for the business periodically. Though this Act is very elaborate in nature, yet it has very less to do with the women street vendors. The Act only mentions women as a part of the vulnerable groups as well as includes them in some capacity in the Vending Committee. However, in actual reality this Act does not take in to consideration the problems and issues of women street vendors and because of this the Act is not able to suffice the needs and demands of the women street vendors.
3. National Policy on Urban Street Vendors 2004 and 2009:
India is one of the very few nations to have adopted a National Policy on the Urban Street Vendors.
The main objectives of the Policy are: • “Legal Status: To give street vendors a legal status by formulating an appropriate law and thereby providing for legitimate vending/hawking zones in city/town master or development plans, including zonal, local and layout plans, and ensuring their enforcement; • Civic Facilities: To 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; • Transparent Regulation: To 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.
All allotments of space, whether permanent or temporary, should be based on payment of a prescribed fee fixed by the local authority on the recommendations of the Town Vending Committee to be constituted under this Policy; • Organization of Vendors: To promote, where necessary, organizations of street vendors (e. g. unions/cooperatives/associations and other types of organizations) to facilitate their collective empowerment; • Participative Processes: To set up participatory processes that involve firstly, local authority, planning authority and police; secondly, associations of street vendors; thirdly, resident welfare associations; and fourthly, 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; • Self-Regulation: To promote norms of civic discipline by institutionalizing mechanisms of self-management and self-regulation in matters relating to hygiene, including waste disposal, etc. amongst street vendors, both in the individually allotted areas as well as vending zones/clusters with collective responsibility for the entire vending zone/cluster; and
Promotional Measures: To promote access of street vendors to such services as credit, skill development, housing, social security and capacity building. For such promotion, the services of Self Help Groups (SHGs)/Cooperatives/Federations/Micro Finance Institutions (MFIs), Training Institutes, etc., should be encouraged”18
4. Other Important Municipal Laws:
Besides the main laws, there are certain Municipal laws made throughout the country in the respective states which predominantly deal with the regulation of vending and other forms of trading in the assigned jurisdiction. The Ahmedabad Municipal Corporation regulates all trades in Ahmedabad. This Act functions as per the provisions of Bombay Provincial Municipal Corporation (BPMC) Act, 1949, which is now called Gujarat Provincial Municipal Corporation. The Act exhaustively lists the municipal authorities, such as the Municipal Corporation, standing committee, Municipal Commissioner, etc. , who are responsible for carrying out the provisions and the functions assigned under this Act. It also elaborately describes the duties, powers and responsibilities of the municipal authorities for the maintenance, operation and development of certain public utilities in the city.
Moreover, the Act also empowers the municipal authorities to acquire premises for the purpose of street improvement, such as widening, expanding, building a new street, etc. , under Section 209. Again, hawkers are evicted mainly under Sections 67 and 102 of the Bombay Police Act, 1951 which stipulates that anyone preventing smooth flow of traffic can be arrested and removed. Street vendors have to conduct their business amidst insecurity. Whenever eviction drives are conducted their goods are confiscated or destroyed. The authorities themselves are caught in the conflicts and have different perceptions of their respective roles.
Similar features and provisions are found in various other Acts as well like The Meghalaya Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, The Assam Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2016 etc. 18 Salini Sinha, Sally Roever, India’s National Policy on Urban Street Vendors (2011) WIEGO Policy Brief (Urban Policies) No 2 accessed
22 August 2024
5. Government Policies:
The Ministry of Housing and Urban Affairs, launched the Prime Minister Street Vendor’s Atma Nirbhar Nidhi Scheme (PM SVANidhi) back in the year 2020. This scheme aims at providing socio - economic upliftment of the street vendors who were facing livelihood issues during the lockdown. It was initially implemented in 126 urban local bodies throughout the country as the first phase in 4th January 2021. The main aim is to facilitate combined free capital loans upto Rs 10, 000 of 1 year tenure for 50 lakh street vendors within the country. It also provides incentive interest subsidy at the rate of 7 percent once a year on regular repayment of loan and cash - back upto Rs. 100 per month on undertaking digital transactions. Further, on timely or early repayment, the vendors are going to be eligible for subsequent cycle of capital loan with an enhanced limit.
19 Also, another policy which has been made for the street vendors is the National Urban Livelihoods Mission (NULM) which seeks to address the concerns of urban street vendors in Assam by facilitating access to suitable spaces for vending, institutional credit, improved skills and social security linkages. ‘The Support to Urban Street Vendors Component of NULM sets out the strategy and operational guidelines by including the following: Ø Survey of street vendors and issue of Identity Cards. Ø Development of city street vending plans. Ø Infrastructure development of vending zones in the city. Ø Training and Skill Development. Ø Financial Inclusion. Ø Access to credit. Ø Linkages to social security schemes. ”20
JUDICIAL INTERVENTION:
19 Ibid 16
20 Support to Urban Street Vendors (SUSV), Government Of Assam Housing & Urban Affairs
accessed 22 August
Time and over again the judiciary have been taking part in the overall benefits of the street vendors in promoting their well-being in carrying out their activities. In Francis Coralie Mullin v. The Administrator, Union Territory of Delhi21, Justice Bhagwati observed that “it is the fundamental right of everyone in this country to live with human dignity which is free from any forms of exploitation. ” This right to live with human dignity enshrined in Article 21 derives its life breath from the Directive Principles of State Policy and particularly clauses (e) and (f) of Article 39 and Articles 41 and 42 and at least, therefore, it must include protection of health and strength of the workers, men and women, and of the tender age of children against abuse, opportunities In the case of Bombay Hawkers Union v. Bombay Municipal Corporation and Ors.
22 the Supreme Court, for the first time, ‘upheld the right to livelihood of the street vendors and went on to observe that unreasonable restrictions and conditions cannot be imposed on street vendors while they are on the streets and engaged in their vending activities’. Subsequently, The Supreme Court in Murlidhar Dayandeo Kesekar v. Vishawanath Pandu Barcle23, highlighted the need for economic empowerment and held that to be a basic human right as a part of right to live with equality of status and dignity. The dignity is assured by securing to each individual equal fundamental rights and at the same time, by laying down a number of directives for the State to direct its policies towards inter-alia, securing to all citizens men and women equally, the right to an adequate means of livelihood, just and humane conditions of work, a decent standard of life.
Adjudicating on the similar lines in the famous case of Municipal Corporation of Delhi v. Gurnam Kaur 24 and Sadan Singh vs. New Delhi Municipal Council25 the Supreme Court again expanded the meaning of ‘occupation’ and held that every street vendor irrespective of gender, age, religion has a right to carry on their business and the same can’t be compromised on the altar of the people’s right to use streets and that such right of livelihood should be upheld with reasonable restrictions. Again, the court also observed that ‘inaction on the part of the government authorities with regard to proper management and planning with respect to street vendors would in effect amount to negating the fundamental rights of the citizens. ’
21 AIR 1981 SC 746
22 AIR 1985 SC 1206
23 AIR 1995 SC 6
24 AIR 1989 SC 38
25 AIR 1998 SC 1174
Further in the case of Patri Vyapar Mandal Delhi (Regd. ) v. MCD Town Hall and Ors26. the Supreme Court was called upon to once again look into the aspect of management of street vendors in the metro cities. Further the petitioners asserted that special provisions should be made for Women Street vendors, to which the court agreed. In Gainda Ram v. Municipal Corporation of Delhi 27, the Supreme Court observed that the fundamental right of hawkers, just because they are poor and unorganized cannot be left in a state of limbo nor it can leave completely to be decided by the varying standards of a scheme which changes from time to time under the orders of the Court. This case was a turning point for the street vendors in promoting and protecting their rights as vendors. Furthermore, in the case of Self-Employed Women Association (SEWA) and Ors v.
State of Gujarat28, the petitioners filed for a direction to the respondent to implement the National Policy on Urban Street Vendors to which the court strictly directed the municipality to consider the necessary steps and fast forward the implementation processes. In this case the court also recognised the rights of selfemployed women including the women street vendors for availing social security benefits. In the case of Maharashtra Ekta Hawker’s Union v. Municipal Corporation of Greater Mumbai29, the Supreme Court emphasised on the term ‘dignity’ as mentioned in the Preamble of the Constitution of India and asserted that it extended to the street vendors including the women street vendors. The court also reiterated on the right to livelihood as an integral part of every citizen in the country including the street vendors. Also in All India Trade Union Hawkers’ Congress v.
Municipal Corporation of Greater Mumbai30, the Bombay High Court directed the municipalities to properly implement the schemes like PM SVANidhi (PM Street Vendor's AtmaNirbhar Nidhi) so that maximum street vendors can avail its benefits without having to resort to illegal means of acquiring loans.
WAY FORWARD:
There can be various ways and means through which the women street vendors can be protected and their livelihood rights could be upheld. Some of these are:
1. Including Women-centric Provisions in Existing Act of 2014:
The Existing Act of 2014 must make some modifications so that it caters to the special
26 (2009) 12 SCC 475
27 1993 SCR (3) 704
28 (1999) 1 GLR 399
29 (2009) 17 SCC 23
30 WRIT PETITION (L) NO. 24736 OF 2024
demand of the women street vendors. There must Redressal committee for women set up under the Act so that it becomes easier for the women street vendors to approach them with their problems. The Act must include increase the quota of the women street vendors in the Street Vending Committee which is very less currently in comparison to the men. There must also be modification in the provisions of the said Act which states that preference ‘may’ be given to the women street vendors for issuance of vending certificates. This clearly discriminates women in pursuing their vending activities.
2. Improvising the Infrastructural facilities:
Since women street vendors have their own set of special needs, there should be an overhaul to the current infrastructure pertaining to them. Proper toilets and clean water supply must be made so that they are able to use those and keep their health good. Moreover, if possible, there must be some provisions made for creche for those women street vendors who are bound to bring their children to the vending places. These would enable the child from not getting involved in the vending activities until they turn major and chose to adopt this means of livelihood.
3. Increasing Penalties and Punishments:
Since, women street vendors are often subjected to varied assaults, harassment and torture in their places of work from different categories of people, strict actions must be taken. The person who gets into or engages in such kind of activities must be severely be punished and jailed along with heavy fines so that they would no longer try to adopt such shameless ways of intimidating the women vendors.
4. Providing Proper Training and Awareness:
The State must take up responsibilities of properly training the women street vendors in various aspects. They must be trained as to how to avail the various benefits of the schemes made available to them. They must be taught and made aware of the various credit and financial access which they can get in order to sustain their families as well as their livelihoods. They must also be made aware of their rights not only as street vendors but also as citizens of the country.
5. Allocating Women-only Vending Zones:
If possible, the State governments and the municipalities must try to allocate specific places exclusively for the women street vendors. This will not only allow the women
street vendors to safeguard their livelihood and promote it to the best of their capabilities, but would also enable other women to get inspired to be independent without having the fear of certain unwanted happening.
6. Providing Low-rate Health and Medical facilities:
As already mentioned, the women street vendors are one of the worst sufferers when it comes to health. The constant exposure to the pollution, unavailability of clean and hygienic places for urination, lack of menstrual amenities-all these contribute to the detiorating health of the women street vendors. Therefore, they need to be medically attended and be provided with required medication. For the same, the government must try to develop schemes that would provide healthcare facilities at subsidized rates so that the women street vendors do not hesitate to get themselves checked for the free of financial losses.
CONCLUSION:
Women street vendors occupy a very integral part of the country’s economy. They usher in a different set of sensibility while performing their vending activities. They manage both their household and their work life to keep the wheels of India’s economy rolling. They must be properly represented and made part of important deliberations and discussions involving the works of street vending activities. Henceforth, much support and safeguard must be given to these vulnerable group of people so that it does not impugn the overall socio-economy growth of a country like India.