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Hawkers eviction violation of constitutional right: MTCW

By Raju Das

SHILLONG, Jan 5 - Meghalaya Transport Corporation Workers� Union (MTCW) has termed the Meghalaya Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2014 as �violative of the Constitution and a poor example of legislation.�

Erwin K Syiem Sutnga, president of MTCW said: �the legislation framed by the Meghalaya Government not only violates the rights of the hawkers to earn their livelihood but it is also motivated and malafide.�

The Meghalaya High Court ordered the eviction of hawkers from the streets in the State Capital in November this year. Immediately, the Municipal department started to take action and cleared the streets of hawkers.

Highlighting a Supreme Court of India order in 2010, Sutnga said the order recognised street vending as a source of livelihood. It directed the Union Ministry of Housing and Urban Alleviation, to work out a Central legislation for this section of the society.

Thereafter, the Central Government passed the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. Meghalaya followed suit and passed the Meghalaya Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill, 2014.

Meghalaya, through the Bill, has totally deprived street vendors and hawkers in urban areas the protection to ply their trade. �Section 3 of the Central Act states no street vendor shall be evicted while survey of vendors and identification of vending zone is done. However, the Meghalaya Act conveniently omitted this provision,� Sutgna alleged.

He said that instead of striking a balance in allowing equitable representation in the Meghalaya Act, the nomination of vendor representatives in the Town Vending Committee is skewered against the interest of the street vendors and hawkers.

Stating that the ongoing situation with the street vendors and hawkers in the State Capital is a �serious situation� adversely affecting the lives of thousands of families especially in the lower income groups, Sutgna reiterated that it violated provisions of the Constitution.

�It violates Article 19 (1) (g) of the Constitution which guarantees to every citizen the right to practice any profession or to carry on any occupation, trade or business. Likewise, hawkers have the fundamental right to carry on trade or business of their choice. But it is subjected to reasonable restriction imposable under Article 19 (6) of Indian Constitution,� Sutgna cited.

He said that some people view street vendors and hawkers as a nuisance. However, a street hawker provides with a vital service and brings cheaper goods to the public and also provides an easy avenue of employment and livelihood.

�The Government of Meghalaya has miserably failed to to provide employment opportunities in the face of the fallout of the Coal Ban, the slow economic growth of the State and the increasing rural to urban migration coupled with large scale influx of outsiders into the city,� the MTCW president stated.

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