By Kyrsoibor Pyrtuh
Street vendors and hawkers are citizens living at the margins. They need not only our empathy, but most importantly they need to be emancipated from poverty, uncertainty, anxiety, exploitation and enslavement. Therefore, humanizing and engaging in what is a holistic approach to this vexed issue is desirable. Efforts in hosting continuous conversations on this issue with the aim to address the plight of the residents of the city and thereby providing spaces for every stakeholder to put forward their views, is highly appreciated. Such conversations will in turn facilitate in finding a solution.
Ministers Spoke in Tongues:
Recently, two senior ministers of the Meghalaya Cabinet spoke in divergently opposite voices regarding the relocation of street vendors from the Khyndai Lad area etc. Firstly, the Minister in charge of Tourism, repeatedly informed via the media about the relocation of two (200) hundred street vendors and hawkers to new vending spaces designated by the Government. On the other hand, the Deputy Chief Minister, who is also in charge of Urban Affairs, stated that the Government is in no hurry to relocate the street vendors and that they would continue to operate their livelihood activities from where they currently operate.
This has nearly pushed the city into confusion and has seriously impacted the livelihoods of street vendors who, during this Christmas season, had stopped placing orders for clothing and other materials following a statement from a higher authority in the ministerial office, which reiterated plans to relocate them within a time-bound period starting from November 24.
The Demand and Defending the Law:
Since June 2016, when the Street Vendors and Hawkers came together as a collective under the Meghalaya & Greater Shillong Progressive Hawkers and Street Vendors Association (MGSPHSVA), from day one they had demanded for the implementation of the Central Law, i.e, The Street Vendors (Protection of Livelihood and Regulation) of Street Vending Act 2014, in letter and spirit. They understood that this is the good law for the protection of their livelihoods and to regulate their businesses on the streets, pavements, walkways etc as prescribed in the Law and rules. Therefore, what the street vendors and hawkers are doing is not unreasonable and their demand is justified by the Law and Constitution.
Nine years ago and around the same months, November-December, the street vendors and hawkers under the banner of MGSPHSVA, had organised a protest in front of the Office of the Shillong Municipal Board to demand for the implementation of the Central Law. Again, this time they marched to the same Municipal Office and also encamped at Khyndai Lad to defend the Law and their rights to livelihood as enshrined in the Law.
Important Facts of the Law:
It is important to highlight a few important facts of the Law; (i) there are two important components of Law – protection of livelihoods and regulation of activities of street vendors and hawkers so as not to impede the rights of other residents and citizens. (ii) Section 3 (1), (2), (3) and (4) are very important. They deal with the survey of street vendors, protection from eviction and relocation. This section also prescribes the holding capacity, i.e 2.5% of the population of ward or zone or city. No eviction nor relocation of street vendors will occur until a survey has been completed and the issue of vending certificates by Town Vending Committee (TVC). (iii) Section 22 (1) deals with the Constitution of TVC. Besides other members, the members representing the street vendors and hawkers shall not be less than 40%. The TVC plays a crucial role in ensuring that the rights and livelihoods of street vendors and hawkers are protected and regulated. The TVC is responsible for implementing the provisions of the Act, including conducting surveys, issuing certificates of vending, designating vending zones, and resolving disputes. (iv) Section 5 (1)- The conditions for Street vending or for issue certificate of vending are (a) he shall carry the business of street vending by himself or through his family member (b) he has no other means of livelihood (c) he shall not transfer…including rent the certificate of vending or the place… to any other person and (v) the First and Second Schedules are appended to the Act.
The First Schedule deals with the plan for street vending which include declaration of restriction free vending zones, restricted vending zones and no vending zones. The principles to be followed for declaration of No Vending Zones are- (a) any existing market or natural market as identified shall not be declared as no vending zone, overcrowding and sanitary concerns shall not form the basis for declaring an area a no-vending zone and no area shall be declared a no- vending zone until the survey has been completed and vending plan formulated. The Natural market is a market where buyers and sellers have traditionally congregated for sale and purchase of goods or services. In Shillong, areas like Motphran, G. S Road, Khyndai Lad, Laitumkhrah, iew Polo, Rynjah, Madanrting, Nongmensong-Ishyrwat-Mawdiangdiang, Lad Smit etc are natural markets. Whereas the Second Schedule describes about the heritage markets and they are markets where street vendors have conducted business for over fifty years and street vendors in such markets shall not be relocated.
Role and Contribution of the MGSPHSVA:
Six years ago, the survey on about two thousand street vendors found that the turnover generated by each street vendor was Rs 2000 per day. Thus, in 365 days the street vendors were able to generate Rs 146 crores annually. Besides, they provide services and access to cheaper and affordable goods/services to urban working class/ daily labourers etc.
Now that the Law is in place, the Street Vendors and hawkers vis a vis their Association have the important role and responsibility to resolve the issue and make Shillong safe and liveable for everyone. In fact, the MGSPHSVA has been cooperating with various government agencies in this regard. On many occasions the Association, with the support of various agencies had organised food safety trainings and health camps for street vendors. Besides, it had also facilitated enrolment into the public distribution system for street vendors to enable them to obtain government benefits.
On December 21, 2018, during the meeting with officials of Urban Affairs, the representatives of the MGSPHSVA, had made a power point presentation of the plan for street vending detailing the time and space management and existing city profile of street vending, and also suggested various vending zones. This vending plan is based on the premise that the plan for street vending cannot be done in isolation but has to be done in consonance with city planning which includes parking, pedestrian walkways ensuring accessibility to the disabled.
The process of implementing the Law had already begun. On October 2022, the State Government had constituted the Provisional TVC as per the Law and the MGSPHSVA had elected four representatives to the Provisional TVC. The members of the Association are actively participating in the meetings and had rendered full cooperation during the in situ Survey of street vendors and hawkers. But there are attempts to thwart the process which is dangerously unlawful and is causing economic distress on street vendors and affect the low income groups who depend on street vendors for services and access to affordable goods and necessities.
Benefits of Implementing the Law:
Implementation of the law also entails the execution of policies and programs supported by Central Government amounting to thousand crores of rupees. The National Policy on Urban Street Vendors was launched in 2004 and revised in 2009. This policy aims to ensure that this important occupational group of urban population finds due recognition at National, State and Local Levels for its contribution to society. Moreover, there are the Central Government’s Schemes that address Urban Poverty and Street Vendors such as (i) National Urban Livelihoods Mission (ii) PM SVANidhi Scheme (iii) Prime Minister’s Integrated Urban Poverty Eradication Programme.
Empathizing with Kong Bertina Lyngdoh:
While giving due regard to The Shillong Times group for hosting continuous conversations on the issue, this writer participated in one of the debates recently. Among other participants, was the visually impaired scholar, Bertina Lyngdoh, who had expressed that on one or two occasions she was cursed by a few “khlem akor” (ill-mannered) street vendors. I appeal to Kong Bertina and others like her that if they encounter any discomforting moments where street vendors curse them, they should come forward and complain. The Association has zero tolerance against illegalities, like extortion, ‘dalal’ activities, violence against women, children and racial abuse.
Decongesting:
Shillong is now the city of favellas and the conversion of roads in residential localities into permanent or semi-permanent open garages, is also causing huge congestion. Shillong has no robust urban local self- government. The Dorbar Shnongs are there but with limited powers to address these humongous tasks. They have no financial capacity to deal with the urban problems etc., from traffic to waste management to civic amenities. The way forward lies in truly humanizing street vendors and implementing the law with integrity and compassion.