Invisible’ Women Street Vendors: Lacunae in the Street Vendors Act, 2014
DOI:
https://doi.org/10.12728/culj.5.2Keywords:
Protection of Livelihood, Recommendations, Regulations, Street Vendors Act, Women Street VendorsAbstract
This paper is a legislative note on the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (the Act). The purpose of this paper is to critically analyse the Act in the context of women street vendors in India and to highlight its merits and pitfalls. Research conducted in this field has shown that women street vendors face many challenges in the course of their work, which their male counterparts do not encounter. The author believes that the Act turns a blind eye to their unique needs and has given certain recommendations which will uplift the position of women street vendors and help reduce the significant challenges faced by them.References
STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF STREET VENDING) ACT, 2014,§ 5(1)(b).
Ministry of Housing and Urban Poverty Alleviation, Twenty Third Report, available at http://www.prsindia.org/uploads/ media/ Street%20Venders%20Bill/ SCR%20on%20Street%20Vendors%20Bill.pdf (last visited Mar. 27, 2014).
Id.
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(The SNDT – ILO study on Mumbai found that around 85 per cent of the street vendors complained of suffered from ailments such as – migraine, hyper acidity, hyper tension and high blood pressure.) http://wiego.org/ informal_economy_law/street-vendors-india (last visited Mar. 27, 2014).
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Berry, supra note 10 at 74. See, Saha, supra note 5 at 310. (Women street vendors mainly borrow money for their children’s education and medical expenses of the family).
(TISS, Mumbai had conducted a study in 15 cities across India which was supported by United Nation Development Programme (UNDP), New Delhi on “Financial Accessibility of the Street Vendors in India Cases of Inclusion and Exclusion issues of financial inclusion of street Vendors.”available at http://mhupa.gov.in/W_new/ NCL_STREET_VENDING_23122011.pdf)
National Consultation on Central Law on Street Vending, India Habitat Centre, New Delhi, 23rd December, 2011 available at http://mhupa.gov.in/W_new/NCL_STREET_VENDING_23122011.pdf.
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Mumbai has the largest population of street vendors in India, roughly around 2,50,000, followed by Kolkata which has 2,00,000 street vendors. http://wiego.org/informal_economy_law/street-vendors-india(last visited Mar. 27, 2014).
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Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, §20(1).
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National Consultation on Central Law on Street Vending, India Habitat Centre, New Delhi, 18 (23rd December, 2011) available at http://mhupa.gov.in/W_new/NCL_STREET_VENDING_23122011.pdf (last visited Mar. 27, 2014).
(A similar childcare scheme started in Gujarat by SEWA shows that women are ready to pay for childcare services, which helps to maintain their financial sustainability. It also makes the social security organisations less dependent on external funding.) http://www.sewa.org/Sewa_Services.asp(last visited Mar. 26, 2014).
(Children below the age of 6 years are not covered under the Mid-Day Meal Scheme of the government).
(Article 5(b) of CEDAW requires the State to take measures to “… ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases.”).
(The SEWA Bank was primarily established to free the self-employed women from the web of indebtedness cast by the moneylenders, and to enhance their access to credit for various expenses. The SEWA bank has 93,000 active depositors and nearly 34,000 borrowers. It is financially sound and viable and is also making credit easily accessible to self-employed women.)http://www.sewa.org/Sewa_Services.asp(last visited Mar. 26, 2014).
COHEN, supra note 4 at 20.
