How should cities reclaim footpaths?, Pg10

Key Highlights:

• The Supreme Court recognized the right to walk on safe, obstruction-free footpaths as a fundamental right.
• Following this, Bengaluru initiated a 10-day 'Safe Footpath' drive, removing thousands of street vendors.
• The drive sparked debate over its compliance with the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
• The Street Vendors Act, 2014, aims to balance pedestrians' right to walk with street vendors' right to livelihood.

Right to Walk.jpg

Detailed Insights:

• The Supreme Court has consistently affirmed street vending as a legitimate occupation protected under Article 19 of the Constitution.
• The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, was enacted to prevent arbitrary evictions and regulate street vending.
• The Act mandates the formation of a Town Vending Committee (TVC), which must include at least 40% street vendor representation.
• The TVC is responsible for conducting a survey of all street vendors and issuing Certificates of Vending.
• The Act explicitly states that no street vendor should be evicted or relocated until the survey is completed and certificates are issued.
• Bengaluru's 'Safe Footpath' drive faced scrutiny because it commenced removals without first constituting a TVC or completing the required survey.
• The law emphasizes a balanced approach, ensuring that reclaiming public spaces does not undermine the livelihood protections for street vendors.

Key Concepts Involved:

• Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014: A central legislation designed to regulate street vending and protect the rights of street vendors.
• Town Vending Committee (TVC): A statutory body established under the Act to manage and regulate street vending activities within its jurisdiction.
• Article 19: A fundamental right in the Indian Constitution guaranteeing freedom of speech, assembly, association, movement, residence, and profession.