Special Observation of Investigators:
• The partition of India was the catalyst-in itself, a cataclysm in the life of this one great nation that witnessed the mass exodus of uprooted sea of humanity from the erstwhile East Pakistan, now Bangladesh, seeking a bare minimum of food and shelter in the districts of West Bengal, searching for an identity in an alien milieu, struggling to find a foot-hold in an unaccustomed terrain. Time has always been the best healer, and these displaced families overcame the teething trouble to settle down to a quieter life in the suburbs of the city of Kolkata . This section of uprooted persons, unsuccessful or unable to get regular jobs, mainly tried to solve their problems by street hawking with their own meager resources. Unlike other sections of the urban population, they did not demand that Government should create jobs for them, nor did they engage themselves in begging, stealing or extortion. They tried to live their lives with self-respect through hard work. Our field study on the street hawkers in Kolkata shows that their average earning range between Rs.120 to Rs.200 i.e. Rs.160 per day. The average income of the hawkers rebuilds that each member of the family of hawkers shares between Rs.40 to Rs.50 per day for the purpose of consumption. The women street hawkers earn even less. These people work over 12 hours a day under gruelling condition on the street and are under constant threat of eviction. This plays havoc with their lives. A study on street vendors in Mumbai conducted by SNDT Women University and ILO 2 shows that an overwhelming majority of them suffer from ailments related to stress-hyperacidity, migraine, hypertension, loss of sleep, among others.
• The weaker sections too are able to procure their necessities through street hawkers, as the goods sold are cheap. We noticed that the middle class and the lower income groups spend a higher portion of their income in making purchases from street hawkers mainly because their goods are cheap and thus affordable. We can interpret that in this way one section of the urban poor, namely street hawkers, helps another section to survive. In this way they solve the problems of the urban poor by providing cheaper commodities and food. Street hawkers are in fact providing subsidy to the middle class and urban poor, some thing that the government should have done.
• We have noticed that the police and the K.M.C backed by so called Citizens' Group to fight for appropriation of public spaces, would argue that street hawkers cause congestion and create unhygienic condition. If the street hawkers be allowed to function, streets cannot be free from congestion. It is also noted that the elite section, especially the residents' association of the middle class and upper middle class are most vocal about eviction of street hawkers from their locality. They argue for restoration of sidewalk as public place only when street hawkers ‘encroach' on them.
• It is often found that apart from forcible evictions street hawkers are removed from the street under the guise of beautification of sidewalk. Potted plants or decorated signs are placed on the sidewalk to prevent street hawkers from plying their trades. The residential owners often cordon off the portion of a pavement by planting trees or flowers plants. These encroachments often affect pedestrians more severely than those by street hawkers.
• It was mentioned earlier that the Police Act and the several State Acts are detrimental to street hawkers. In order to legalize and regulate hawking these acts should be changed so that the 'Operation Sun Shine' could not be taken place in future which is the most brutal action taken against the urban poor. However, the authorities had arranged rehabilitation of hawkers in South Kolkata and also in North Kolkata . The displaced hawkers refused to go in the new site on the plea that the customer would not go to purchase their articles in the rehabilitation place.
• As hawking is an important avenue of Indian employment Government should give more importance to their problem and social recognition. In earlier we mentioned that hawkers are exploited by different agencies. They have to pay as bribe of Rs. 2% of their income i.e. sum of Rs. 14.40 crore p.a. to the different agencies in order to conduct their hawking .
• As street hawkers are a part of urban informal sector they have no access to institutional credit. This makes them dependent on private money lenders who charge high rate of interest or they have to depend on their savings as working capital. The State Government and the municipal authority and the trade unions should encourage them to form “Self-Help Group” for income generating activities.
• It is also noted that the need for social security is high for informal sector. Social security generally covers medical care, sickness, employment injury, maternity benefits, inability and survivors benefits, old age pension, P.F etc. The social security laws granting this provision are generally applicable only in formal sector.
• The registered unions of street hawker can promote “Self-Help Group”. This could develop into financial institutions, which will look into other related matters such as insurance, old age pension etc. It is also suggested that the Government must provide matching contribution.
• It has also come to our notice that a good number of hawkers in front of the offices, hospitals and colleges are the retired employees of offices, hospitals and the colleges. These people are enjoying retirement benefits from the Government and also other benefits of old age. It is also noticed that some of them are the leaders of the hawkers' union.
• The national policy (adopted on 22.01.2004) tries to follow the guideline of the Supreme Court judgments. It is an important document as it tries to restore some dignity to street vendors. Its introduction states: 'the role played by the street hawkers in the economy as well as in the society needs to be given due credit but they are considered unlawful entities and are subjected to continuous harassment by civic authorities.' It is further stated that 'this policy tries to ensure that this important section of the urban population finds recognition for its contribution to society, and it is conceived of as a major initiative for urban poverty alleviation.' The Hon'ble Supreme Court Judgment is significant because it emphasizes several importance aspect of street hawking and use of public space. The judgment notes the positive role of street hawkers in providing essential commodities to common people at reasonable prices and at convenient places. Moreover the judgment notes that street hawking if regulated cannot be denied merely on the ground that the pavements are meant exclusively for pedestrians. The most important aspect is that street hawkers are exercising their constitutional rights to carry out trade or business hence it should be regulated properly and not be abolished.
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