Street Hawkers form a very important component of the urban informal sector in India . It is estimated that the total number of street hawkers in the country is around 10 million. They comprise around 2% of the total population in the metropolitan cities. This paper broadly defines street hawker as a person who offers goods for sale to the public at large without having a permanent built-up structure from which to sell. Street Hawkers may be stationary in the sense that they occupy space on the pavements or other public/private spaces, or mobile in the sense that they move from place to place by carrying their wares on push carts or on their heads.

Urban vending is not only a source of employment but provide ‘affordable' services to the majority of urban population. Society should give due credit to the role played by the hawkers in the economy. But they are considered as unlawful entities and are subject to continuous harassment by police and civic authority. This is reported to be continuing even after the ruling of the SupremeCourt in the Sodhan Singh versus NDMC 1989 case 1 that “If properly regulated according to the exigency of the circumstances, the small traders on the side walks can considerably add to the comfort and convenience of the general public, by making available ordinary articles of everyday use for a comparatively lesser price, an ordinary person, not very affluent, while hurrying towards his home after a day's work, can pick up these articles without going out of his way to find a regular market. The right to carry on trade or business mentioned in Article 19(1)g of the Constitution, on street pavements, if properly regulated cannot be denied on the ground that the streets are meant exclusively for passing or re-passing and no other use.”

This decision of the Supreme Court has emphasized several important aspects of street vending and use of public space and notes the positive role of street vendors in providing essential commodities to common people at affordable prices and at convenient places. It also notes that street vending cannot be denied merely on the ground that pavements are meant exclusively for pedestrians and that street vendors are exercising their constitutional right to carry out trade or business. Hence it should be regulated properly and not abolished.

In a recent decision of ‘Sudhir Madan & others versus MCD & others' 2006 the Supreme court has ruled that: “We have also to keep in mind the principle that the right to use the pathway, footpath etc. is that of the citizens. No hawker can claim a right to defeat the rights of other citizens. The hawkers are large in number, but the population of citizens is many times more than that of hawkers and, therefore, the fundamental rights of the citizens cannot be put in jeopardy by permitting hawkers and squatters to block roads, footpaths, public parks, etc., etc. The Authority, which frames a scheme, has to keep this paramount consideration in mind. Consistent with the rights of citizens, if it is possible to provide any space to hawkers, squatters etc., that may be done consistently with the policy to be framed by the concerned Authority. The Authority will have to consider on what principles hawking and no hawking zone have to be carved out. It will also have to consider in which zones no hawking activity can be permitted. It will also have to consider what nature of goods can be sold by hawkers, squatters, etc. so that cleanliness is maintained and at the same time free flow of traffic and movement of pedestrians is not obstructed…”

This decision gives further emphasis on, location of the Street Vendors in a planned manner so that the Street Vendors carry on their business without obstructing the free flow of traffic or movement of pedestrians. The Commission while suggesting the policy has ensured that it is in conformity with the letter and spirit of the observations of the Supreme Court on the subject.

Despite the Supreme Court's rulings, street vendors conduct their business amidst insecurity. Whenever eviction drives are conducted their wares are confiscated or even destroyed. Section 34 of the Police Act empowers the police to remove any obstructions on the streets. Even licensed street vendors can be evicted under this law. In order to overcome these restrictions street vendors organize themselves into unions or local associations who negotiate with the local authorities (the officers in the municipal wards and police stations) for occupying public space. This invariably means offering rents (bribes) to the authorities for warding off eviction drives or forewarning them of impending drives. There are other forms of extracting rents. In some cases local musclemen, more often than not with the backing of local political leaders, collect protection fees through threats.

A National Policy is urgently needed, as there has never been a consistent and coherent thinking on the issue of street vending. All the actions taken by the Government at all levels have created knee jerk reaction to some problems affecting street vendors. Impromptu, immediate, hasty, half-hearted decision on the part of the government have aggravated the agitations of the vendors in relation to their evection and relocation. Ever since the formation of NASVI (National Alliance of Street Vendors of India) efforts have been directed towards raising the voice and visibility of street vendors and building pressure on the Government of India to formulate a National Policy for the Street Vendors of the country. The Government of India organized a national workshop in May,2001. One of the recommendations of the workshop was to constitute a National Task Force for Street Vendors.

For the purposes of National Policy, a Street vendor is broadly defined as a person who offers goods or services for sale to the public without having a permanent built up structure in a street. This Policy recognises three basic categories of Street Vendors.

First, those Street Vendors who carry out vending on a regular basis with a specific location;

Second, those Street Vendors who carry out vending not on a regular basis and without a specific location, for example, Vendors who sell goods in weekly bazaars during holidays and festivals and so on;

Third, the Mobile Street Vendors.

The Ministry of Urban Development and Poverty Alleviation, Government of India  sent the Draft National Policy on street vendors to the states for their comments. States were  requested to forward their suggestions/comments, if any, on the draft policy latest by 31st March 2003. 22 states finally   sent comments to Government of India. It is heartening to note that most  states  responded positively and have sent positive comments to the Government of India. Central Cabinet adopted the National Policy. This policy is conceived by Government of India as a ‘major initiative for urban poverty alleviation.' The overarching objective to be achieved through this Policy is to ‘Provide and promote a supportive environment for earning livelihoods to the vast mass of urban Street Vendors while ensuring that such activity does not lead to overcrowding and unsanitary conditions in public spaces and streets'.

The policy calls for a paradigm shift in the perception of the role of street vendors and appeals for ‘regulation' instead of ‘prohibition'. Various factors of street vending are covered like Supreme Court Judgments, Articles of Constitution, definition, objective of the policy, Planning norms, Regulatory Committee at Town and Ward level, Weekly Markets, Regulatory Process, Registration System, Relocation and Rehabilitation, Municipal and Police laws, Access to Credit, Insurance, Social Security, Training and Skill Up-gradation, Self Regulation.

The present position of street hawkers in our country presented in the diagram is given below.

As per Chart2 43.64 lakhs are engaged in hawking. 18.46 street vendors trade their material in fixed place and 25.25 street vendors trade their goods without any fixed place in whole of the country.

Chart3 gives the details of this estimate at 30.5 lakhs workers who work in different location including urban/rural street or without any fixed location. It is to be noted that estimated total number of street hawkers varies from 30 lakks to 43 lakhs in both rural and urban area.

Reports on Street Hawkers