Street vendors are not encroachers, vending space is their right

Street vendors are treated little better than squatters, even though the law affords them rights and protection, writes Shalaka Chauhan.

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RECENTLY, it was widely reported that the first first information report (FIR) under Section 285 of the Bharatiya Nyaya Sanhita (BNS) was registered against a street vendor.

The FIR was registered at the Kamla Market police station in New Delhi against the vendor for 'encroachment' of space near the New Delhi railway station. The vendor was accused of causing 'inconvenience' to passers-by and ignoring police warnings.

This was hardly a coincidence. Street vendors have for long and frequently faced the wrath of the Indian Penal Code, the law that the BNS has replaced. On the very first day of the implementation of the new law on July 1, there were multiple FIRs against street vendors across the country.

In Delhi though, the first FIR against the street vendor was later cancelled following social media backlash.

The reason for street vendors being a frequent subject of criminal laws is rooted in social perceptions of street vendors. There is widespread frustration among courts, authorities, market trader associations and pedestrians about vendors occupying roads, markets and footpaths.

This recurring issue highlights a mindset that fails to recognise that everyone has a right to space. Street vendors often find themselves at the forefront of eviction threats whenever new laws, events or developments unfold in cities.

This is a broader issue of marginalisation, where vulnerable groups are disproportionately affected by any urban transformations. The Covid pandemic, climate change-induced heatwaves and frequent evictions have also severely impacted street vendors.

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Vendors in Delhi are losing jobs and falling into debt, despite government measures such as Deen Dayal Antyodaya Yojana–National Urban Livelihood Mission (NULM–DAY), Prime Minister Street Vendor's Atmanirbhar Nidhi (PM SVANidhi), and e-shram schemes. These efforts do not hold any value as long as vendors are not legally permitted to operate in a city.

Street vendors are pivotal to urban economies as they sell affordable goods and services and make substantial contributions to the informal economy. However, their livelihoods are frequently jeopardised by forced evictions carried out by municipal authorities. They are often labelled as criminals, smugglers, disruptors and encroachers, and face unfair stigma despite the crucial socio-economic role they play.

Most importantly, this violates the progressive legislation aimed at uplifting street vendors in India. This is happening just as the initial steps of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014— surveying and issuing certificates of vending (CoVs) and licences— are being implemented in Delhi. The next step of preparing and implementing the vending plan has not been started yet.

In 2014, the Indian government enacted the Street Vendors Act, based on Article 21 of the Constitution, to protect and regulate urban street vending. This Act legally recognised street vendors, preventing their eviction until surveys were completed.

It established 'town vending committees' (TVCs) for participatory governance and integrated vendors into city planning with a norm of 2.5 percent of the population engaged in vending.

The Act also introduced measures for vendor welfare, training and capacity building. This legislation resulted from years of advocacy by street vendor associations and progressive court rulings.

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The Act was designed to protect the livelihoods of street vendors and regulate their activities. Unfortunately, ten years after the enactment of the legislation, rampant evictions continue to be a harsh reality for many street vendors that undermine the very essence of the Act.

Since 2022, authorities have identified around 75,000 street vendors in Delhi. However, unions and non-governmental organisations (NGOs) argue that there are at least 4,00,000 vendors in the city, which highlights a significant discrepancy in the official count.

Despite numerous TVC meetings of officials with vendors, unions and NGOs, the survey process has not gained momentum in the past 10 years. Consequently, the vending plans remain unformulated.

Another method of enumeration is the newly established e-shram scheme, which shows that only about 31,000 street vendors in Delhi have registered. The e-shram portal, launched by the Indian Ministry of Labour and Employment in 2021, aims to create a national database of workers in the informal economy.

The draft master plan for Delhi (2021–41), without recognising the Act, proposes a structured approach to integrate street vendors by establishing designated vending and non-vending zones.

It includes clustering informal activities into temporary markets or permanent setups such as teh-bazaari systems, and creating multi-utility zones as per Street Design Guidelines.

Clear demarcation of vending and no-vending areas, provision of public conveniences, and solid waste management are also emphasised. The draft, released in 2021, remains unfinalised even after three years.

New laws and policies must respect and abide by the protections established for vulnerable populations such as street vendors. Arbitrary legal cases such as the recent one in Delhi, without proper implementation of the Act, are a direct violation of their rights and a failure to recognise their economic contribution.

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These actions perpetuate societal apathy and deepen the hardships faced by these workers, who already function in precarious working conditions. The government's proactive measures through many initiatives are commendable, but they fall short when vendors are not legally permitted to vend.

Instead of subjecting vendors to arbitrary cases and evictions, it is crucial to accelerate the implementation of the Street Vendors Act. This includes expediting the survey process, issuing vending licences and ID cards, and providing social protection mechanisms to vendors.

Effective street planning, including the demarcation of vending zones based on surveys, and the establishment of grievance redressal mechanisms and functioning TVCs, are essential steps.

Spatial recognition translates into social recognition. Evictions will continue to be a harsh reality for street vendors and other informal workers unless they are granted spatial recognition and rights.

For instance, the demarcation of vending zones and the acknowledgment of natural and weekly markets are crucial steps in safeguarding their livelihoods.

If the current vending zones are insufficient to accommodate the vast number of vendors, then spatial mapping to identify additional spaces for vending is essential.

Street vendors are self-employed individuals who seek basic rights and a fair share of a city's landscape. Their demand for spatial recognition is not just about securing a place to work but also about ensuring their dignity, legal protection and integration into the city.