Recognition of Street Vendors' Rights: Court Emphasizes Urban Policy Compliance

The court recognized the importance of street vendors/hawkers and their right to conduct business under proper regulation. Legal precedents highlighted the need for laws regulating street vending. The court emphasized the 2009 Policy on Urban Street Vendors, focusing on the role of Town Vending Committees in managing street vending activities. The court directed the constitution of TVCs, registration of vendors, demarcation of vending zones, and alignment of municipal laws with the 2009 Policy. High Courts were tasked with monitoring policy implementation until appropriate legislation is enacted. Parties could seek redressal through jurisdictional High Courts.

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Issues Involved:
1. Definition and significance of street vendors/hawkers.
2. Historical treatment and challenges faced by street vendors/hawkers.
3. Legal precedents and judgments related to street vending.
4. Implementation of policies and regulations for street vending.
5. Directions for the implementation of the 2009 Policy on Urban Street Vendors.

Summary:

1. Definition and Significance of Street Vendors/Hawkers:
A street vendor/hawker is defined as a person who offers goods for sale to the public without a permanent structure/place for his activities. They are crucial for the urban poor to procure basic necessities at lower prices.

2. Historical Treatment and Challenges:
Street vendors/hawkers have faced harassment and victimization from state apparatus, including local authorities and police, leading to destruction of their goods if demands are not met. This treatment has persisted despite various court interventions.

3. Legal Precedents and Judgments:
- Sodan Singh v. New Delhi Municipal Committee (1989): Recognized the right of hawkers to transact business subject to proper regulation.
- Maharashtra Ekta Hawkers Union v. Municipal Corporation, Greater Mumbai (2004): Established restrictions and conditions for hawking in Mumbai.
- Gainda Ram v. Municipal Corporation of Delhi (2010): Highlighted the need for a law to regulate street vending and issued directions for the government to enact such a law.

4. Implementation of Policies and Regulations:
- 2009 Policy on Urban Street Vendors: Emphasizes the role of Town Vending Committees (TVC) in managing street vending activities. It includes provisions for registration, demarcation of vending zones, and creation of vending markets.
- The policy aims to provide a supportive environment for street vendors while ensuring public spaces are not overcrowded or unsanitary.

5. Directions for Implementation of the 2009 Policy:
- Constitution of TVCs: State Governments and Union Territories to form TVCs at city/town levels within one month.
- Registration of Vendors: All street vendors/hawkers to be registered within four months.
- Vending Zones: TVCs to divide municipal areas into vending/hawking zones and sub-zones.
- Legal Framework: State Governments to amend municipal laws to align with the 2009 Policy.
- Monitoring and Enforcement: High Courts to monitor the implementation of the 2009 Policy.

The directions are to remain operative until appropriate legislation is enacted by Parliament or any other competent legislature. The parties are free to approach jurisdictional High Courts for redressal of grievances, and the Chief Justices of High Courts are requested to nominate a Bench to deal with related cases.

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