How should cities reclaim footpaths?
Following the Supreme Court’s recognition of safe and obstruction-free footpaths as a fundamental right, Bengaluru launched a 10-day “Safe Footpath” drive across its five city corporations.
Why was the Street Vendors Act, 2014 enacted?
- To protect street vendors from arbitrary eviction by municipal bodies and police and to recognise street vending as a legitimate occupation protected under Article 19.
- To regulate vending through a clear legal process instead of sudden removal.
- To determine who may vend, where vending is permitted and under what conditions.
- To provide procedures for relocation or eviction with due notice.
- To balance vendors’ right to livelihood with the public’s right to safe and obstruction-free footpaths.
- The Act neither grants unrestricted rights over public spaces nor functions merely as an anti-encroachment law.
Process Before Removal of Street Vendors
- A Town Vending Committee (TVC) must first be constituted with officials, police, planning authorities, residents and street vendors.
- Street vendors must constitute at least 40% of the TVC, with representation for women and marginalised groups.
- The TVC must conduct a comprehensive survey of all existing street vendors.
- No vendor can be evicted or relocated until the survey is completed and Certificates of Vending are issued.
- Eligible vendors receive a Certificate of Vending specifying the permitted location, time and conditions of vending.
- The certificate provides a regulated right to vend but does not grant ownership over public land.
- Vendors may be removed or relocated only by following the procedure, notice requirements and safeguards prescribed under the Act.
Why has Bengaluru’s Footpath Drive Come Under Scrutiny?
- Bengaluru has not formally identified vending and no-vending zones through the prescribed legal process.
- Authorities relied on an allegedly outdated 2024 survey, instead of conducting a fresh enumeration before relocation.
- The survey identified only 27,665 vendors, which vendors consider a serious underestimate.
- Nearly 1.34 lakh vendors had reportedly received loans under PM SVANidhi, indicating a major mismatch in official data.
- The drive prioritised pedestrian access but allegedly bypassed statutory safeguards protecting vendors from arbitrary eviction.
- The law requires a balance between the right to safe footpaths and the right to livelihood, rather than giving absolute priority to either.
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