Can a street food vendor legally occupy the roadside? Understanding Street Food Vending Laws In India

This article aims to understand the problem faced by street vendors. Street vendors are individuals who sell small goods, which are our daily essentials, on the roadside to earn a livelihood. Most of them belong to economically weaker sections and often struggle with unemployment or lack of formal job opportunities. They are commonly found in urban areas, where they depend on public spaces for their business.

Street vendors frequently face challenges such as eviction, fines, and, at times, even punitive action by authorities. This raises an important question: although the constitution guarantees the right to trade under article 19[1][g], are these rights truly accessible to street vendors in practice?

Moreover, street vendors not only earn for their own survival but also play a crucial role in urban life by providing affordable and easily accessible goods to the public. Street vending is also significantly represented by women, making it an important source of livelihood and economic participation.

However, the real issue that arises is whether street vendors are actually responsible for public nuisance or if they are simply being blamed for larger urban management problems.

Nature And Role Of Street Vendors In Urban Economy

Street vendors constitute a vital segment of the informal economy. They operate as micro-entrepreneurs, offering affordable goods and services without the support of formal business structure. This form of economic activity is characterised by low capital investment and a lack of permanent infrastructure.

• Operate in public spaces such as roadside, pavements and local markets
• Rely on these areas for their daily livelihood
• Generate employment opportunities for urban poor and migrant populations
• Support local production systems and supply chains

Typically, street vendors conduct their trade in public spaces such as roadsides, pavements and local markets, relying on these areas for their daily livelihood. [1] Street vendors not only earn their livelihood through this means but also generate employment opportunities for the urban poor and migrant populations.

Furthermore, they contribute to the local economy by linking their businesses with local production systems. In doing so, they support and sustain millions of livelihoods across the country.

Problems Faced By Street Vendors

Despite their significant contribution to the urban economy, street vendors face numerous challenges in society, which is often unfair given their role in providing livelihood opportunities and affordable services to the public.

• Eviction by public authorities
• Imposition of fines
• Harassment and punitive actions
• Corruption-related issues

They frequently encounter actions from public authorities such as eviction, imposition of fines, and harassment. In many cases, corruption further aggravates their situation.

Although certain legal rights are granted to street vendors, a lack of awareness prevents them from effectively exercising these rights. Moreover, even when authorities are aware of these protections, vendors are often subjected to undue hardship, particularly due to the absence of proper licenses, making it difficult for them to sustain their small businesses.

• Lack of awareness of legal rights
• Absence of proper licenses
• Non-transparent licensing system
• Lack of social security

Additionally, the absence of a proper and transparent licensing system, along with lack of social security, further exacerbates the vulnerability of street vendors.

Legal Framework Governing Street Vendors

In order to address the challenges faced by street vendors, the government enacted the Street Vendors (Protection of Livelihood and Regulations of Street Vending) Act, 2014. The primary objective of this legislation is to safeguard the livelihood of street vendors while ensuring an organised and regulated system of street vending.

The Act seeks to prevent arbitrary eviction and harassment by authorities by establishing a structured mechanism for regulation.

Role Of Town Vending Committees (TVCs)

• Conduct surveys of street vendors
• Issue certificates of vending
• Regulate vending activities

It provides for the constitution of Town Vending Committees (TVCs) in urban areas, which are responsible for conducting surveys, issuing certificates of vending, and regulating vending activities. [2] These certificates function as a form of authorisation to carry out vending.

Protection Against Eviction And Rights

• No eviction without due notice
• Provision for relocation or rehabilitation
• Mandatory periodic surveys (every five years)

Furthermore, the Act ensures that street vendors are not evicted without due notice and, where applicable, provisions for relocation or rehabilitation are considered.

It also emphasises periodic surveys of vendors, typically to be conducted at least once every five years, to ensure proper identification and protection.

Constitutional Right To Trade

In addition to statutory protection, street vendors are also guaranteed the fundamental right to trade under article 19(1)(g) of the constitution, subject to reasonable restrictions.

Case Laws

The judiciary has played a vital role in protecting the rights of street vendors and in recognising the legality of their occupation. Through various landmark judgements, the Supreme Court of India has acknowledged street vending as a legitimate form of trade and has sought to balance the rights of vendors with the need to maintain public order.

Sodan Singh v. NMDC

In Sodan Singh v. NMDC, the Supreme Court held that street vending forms an integral part of the fundamental right to carry on trade or business under Article 19(1)(g) of the Constitution. [3] The court recognised that street vendors cannot be denied this right merely because they operate in public spaces. However, it also clarified that such a right is subject to reasonable restrictions, and municipal authorities are empowered to regulate street vending in the interest of the general public. This judgement laid the foundation for recognising street vending as a legitimate occupation under constitutional protection.

Bombay Hawkers’ Union v. Bombay Municipal Corporation

Similarly, in Bombay Hawkers’ Union v. Bombay Municipal Corporation, the Supreme Court observed that street vendors have a fundamental right to carry on their business under Article 19(1)(g) of the Constitution. The court emphasised that this right is subject to reasonable regulation, including licensing by municipal authorities. It further held that vendors must conduct their business in a manner that does not cause inconvenience or obstruction to the general public.

Public Nuisance vs Right to Livelihood

When examining the issue of street vending, two perspectives consistently emerge. On one hand, street vendors operate in public spaces, which may lead to concerns such as traffic congestion, lack of hygiene, and obstruction, thereby causing inconvenience to the urban population.

• Traffic congestion
• Lack of hygiene
• Obstruction in public spaces

On the other hand, street vending serves as a primary source of livelihood for many individuals who depend entirely on it for their survival. For such individuals, vending is often not a matter of choice but of necessity, as they lack alternative employment opportunities.

Therefore, street vendors cannot be removed solely on the ground of causing inconvenience to the public. The court has repeatedly recognised the need to balance these competing interests by allowing reasonable regulation rather than complete prohibition.

Conclusion

In conclusion, street vendors, many of whom migrate from rural areas in search of a livelihood, play a vital role in urban society by providing essential and affordable goods. Despite this, they continue to face challenges such as eviction, harassment, and corruption, often due to a lack of awareness of their legal rights. Although the Constitution guarantees the right to trade under Article 19(1)(g), its effective realisation remains a challenge in practice. Therefore, there is a pressing need for better implementation of laws and greater awareness to ensure that street vendors can carry out their livelihood with dignity and security.