Hawking a Fundamental right - Respect right of street vendors - SC

Ahmedabad: Declaring hawking a fundamental right, the SC has asked the government to come out with a proper law by June 2011 to regulate hawkers’ rights, which often come into conflict with commuters’ rights to roads and streets, a release from Self Employed Women’s Association (SEWA) said on Thursday. The court, however, said a hawker’s fundamental right to do business on a public street is subject to reasonable restrictions under Article 19(6) of the constitution.



The SC was acting on petitions by Delhi hawkers challenging various aspects of vending schemes framed by the capital’ s civic agencies —MCD and NDMC — on its directions. The SC said: “There is a section that, due to its ever increasing wealth, is buying any number of cars, scooters... No restriction has apparently been imposed by law on such purchase.” Noting that the housing and urban poverty alleviation ministry has already drafted a model street vendors (protection of livelihood and regulation of street vending) bill, 2009, the court said the appropriate government should take steps to translate the bill into law by June 30 next year.
SEWA said that the new mayor of Ahmedabad should implement the draft scheme for Ahmedabad city.