In India, street vendors play an indispensable role in our daily lives, providing us with essential goods and food items. We appreciate their affordability and accessibility, as they bring convenience and a touch of local flavour to our cities. However, it is unfortunate that street vendors often face challenges and discrimination because they are viewed as intruders in public spaces. Recognising the significance of their livelihoods, the Indian government took a progressive step by enacting the Street Vending Act in 2014. This legislation aimed to regulate street vending activities and acknowledge the rights of vendors to earn a living.
State-specific rules and schemes are enacted under the Street Vending Act 2014 for smooth implementation. However, the implementation of street vending laws in several states, including Kerala, is lackadaisical. Kerala, in particular, has struggled with the effective enforcement of the Kerala Street Vending Rules of 2018 and the scheme of 2019.
While most municipalities have conducted surveys of existing vendors, the collected data remains incomplete. Furthermore, apart from major cities, small towns are still facing difficulties in preparing vending plans. The primary reason for this poor implementation can be attributed to the inadequacies in the policy design of the Kerala Street Vending Scheme, 2019.
The inadequate understanding and classification of vendors, specifically the differentiation between stationary and mobile vendors, pose a significant challenge in implementing street vending laws. In Kerala, for example, surveys conducted by Town Vending Committees overlook the proper categorization of vendors into distinct groups. This oversight hampers the accurate determination of vending zones, appropriate fees, and the provision of necessary amenities for vendors.
The survey forms attached to the Kerala Street Vending Scheme 2019 suffer from ambiguity in the interpretation of terms. For instance, authorities have different understandings of the “nature of vending” and the “category/type of vending” which impacts the accuracy of the collected data. The “category/type of vending” should refer to stationary and mobile vending, and the “nature of vending” should indicate the full-time, part-time, seasonal, or weekly nature of the vending activity. However, the authorities use these terms interchangeably.
An important concern in the implementation of the Kerala Street Vending Scheme is the one-size-fits-all approach to determining vending zones based on road width and categorising them as free vending zones, restricted vending zones, or no vending zones. The Scheme allows for vending on one side of roads only if the road width falls between 12-24 metres. However, the majority of municipal roads in Kerala have an average width below 12 metres. This makes roadside vending challenging, except in major cities. The question then arises: How is street vending organised if the streets do not meet the requirements outlined by the 2019 Scheme?
Local authorities believe that street vending should occur in designated areas away from the roads. This often involves the construction of permanent structures, which contradicts the essence of street vending, which is characterised by temporary setups to cater to varying footfall in different areas. Although the 2019 Scheme requires a review of street vending plans every five years and licence renewals every three years, setting up permanent structures for vending could hinder the adaptable and flexible nature of this economic activity.
The key to the successful implementation of street vending laws lies in a proper understanding of the legislation. The objectives and methods outlined in the law should align with the states’ plans for implementation. Some states, such as Uttar Pradesh, Karnataka, West Bengal, and Tamil Nadu, have developed street vending schemes that do not specify a specific road width for determining vending zones. Instead, this responsibility is delegated to local authorities, who can consider regional characteristics. In Karnataka, for instance, a detailed survey form is provided to categorise vendors into stationary and mobile vending. The surveyors utilise GPS and geofencing techniques to accurately locate stationary and mobile vendors.
The Kerala Street Vending Scheme 2019 requires a re-evaluation of its survey form, categorization methods, and criteria for determining vending zones. Granting the power to determine vending zones to local authorities without any prescribed absolute values like road width, etc., would be a sensible step for better implementation. This approach would facilitate more effective and contextually appropriate implementation of street vending laws at the grassroots level.
Views expressed by the author are personal and need not reflect or represent the views of the Centre for Public Policy Research.
Anu Maria Francis is an Associate, Research at Centre for Public Policy Research (CPPR). She completed her graduation in Law from National University of Advanced Legal Studies, Kochi. She has worked as UPSC exam trainer and mentor with many coaching institutions in Kerala. She has also interned with a couple of organisations like Kerala State Information Commission, ACTIONAID India, Ceat Tyres Ltd, Biocon Pharma Ltd, Khaitan and Co Law Firm etc. Her academic interests pertain to legal and governance issues and education. She also has experience in handling business ventures.