In 2014 the Manmohan Singh government enacted the The StreetVendors (Protection of Livelihood and Regulation of Street Vending) Act. There is a provision under this Act that a Town Vending Committee will be constituted, 40% members of which will be vendors themselves. They will carry out a survey and award vending certificates. Until the survey is completed and certificates are awarded no vendor will be removed. The place of vending will be changed only as a last option. Even this will be done on recommendation of TVC. No transfer of place will take place without giving a notice of 30 days. Until the need of the place for another purpose is proven conclusively, the transfer will not be considered valid. Section 29 of the abovementioned Act provides immunity from punitive action by police and other officials. If any material is confiscated it’ll be returned within two days and if the material is perishable it’ll be released on the day itself when the return is requisitioned. Any damage to material will be compensated. Natural markets where clients interact with vendors on a regular basis will be preserved. Markets in existence for more than 50 years will be declared as legacy markets and will not be displaced. In case of any dispute complaint will be filed before a dispute resolution body to be headed by a retired judicial officer.
In a letter dated 14 June, 2021, an Additional Principal Secretary of U.P. government has instructed all District Magistrates and Municipal Commissioners that any violation of the The Street Vendors Act, 2014 and Uttar Pradesh Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2017 by any police personnel or official in the form of illegal harassment or eviction of vendors will attract strong punitive action. Secretary, Housing and Urban Works Ministry, Government of India, has instructed in a letter dated 18 May, 2021 that lists of vendors should be made available to the local police station and Police Commissioner/Superintendent of Police/Municipal Commissioner should sensitise their staff on illegal harassment and eviction of vendors. He further writes that in spite of such instructions vendors are being harassed and evicted by police personnel and municipal officials because of which their business is being adversely affected and they are finding it difficult to repay the loan taken under Prime Minister Swanidhi scheme.
On 17 May, 2022, Director, Local Bodies, U.P. has written a letter to all Municiapl Commissioners that at least 4-5 meetings of TVC should take place annually and any transfer of place of vending must happen in accordance with The Street Vendors Act, 2014, no vendor should be evicted until the survey is completed and certificates are awarded and any transfer should take place in consultation with TVC and after the vending area has been developed.
In Lanka, Varanasi outside Banares Hindu University from the main gate to Naria road about 50 vendors have been doing business for decades. They have receipts dated 1985 when BHU used to charge Rs. 62 as fees from them for 6 months. These vendors provide the useful service of making food items available to patients and their caretakers behind the wall in Sir Sunderlal Hospital of BHU. However, since Narendra Modi has become a Member of Parliament from Varanasi it has been a painful saga for them. First they were removed for about a week everytime PM’s helicopter would land in BHU. They suffered tremendous loss due to this. They have also asked the PMO to compensate for the loss due to PM’s arrival in Varanasi. Since G-20 events were organized in city their life has become even more difficult.
The Project Officer of District Urban Development Authority in a letter dated 26 July, 2019 has shown Chintamani Seth, President of Gumti Vyavsayee Kalyan Samiti and the leader of vendors at Lanka as a member of Town Vending Committee. From the Lanka crossing to Naria road a vending zone with a capacity of 150 has been identified. Chintamani Seth and fellow vendors have been issued vending certificates after a survey. 54 of these vendors were also chosen to receive loans under the PM Swanidi scheme. Hence, it is quite clear that these vendors were doing their business legally.
On 21 October, 2023 an Additional DM in violation of the The Street Vendors Act, 2014 and U.P. Street Vendors Rules, 2017 wrote a letter prohibiting vending carts on road from BHU main gate to Naria because this road is used for VIP movement. The trouble for vendors began after this letter was written.
On 28 December, 2023 police and municipal officials arrived without any notice and confiscated the material and carts of about 20 vendors. In the past when such incidents have happened the Municiapal Corporation would release the carts after accepting some legal/illegal fine. However, this time they said that carts cannot be released without the permission of police. Finally, the carts were released after every vendor had to pay Rs. 1,000-1,500.
On 3 September, 2024 again the vendors were brutally beaten and removed from Lanka. Chintamani Seth has also now been removed from the Town Vending Committee. After a dharna at the zonal office of Municipal Corporation in Bhelupur Joint Municipal Commissioner agreed to carts being set up at Lanka from the next day. However, the police is not allowing the vendors to carry out their business.
Narendra Modi takes credit for giving loans to vendors under the PM Swanidhi scheme by putting up big hoardings however on ground in his constituency vendors are being evicted. If this can happen in PM’s constituency one can imagine the situation of vendors elsewhere. This is the characteristic of Bhartiya Janata Party rule – ostentatious advertisements but dark reality.
Because the vendors of Varanasi are facing problem due to a Very Important Person maybe it is time that this VIP should be deported from here.
Sandeep Pandey is General Secretary of Socialist Party (India)
e-mail: ashaashram@yahoo.com
