[sustran] PMs initiative in India

[the designer]

The story in Delhi is a complete contrast to whats happening with respect to 
becaks in Jakarta. The Prime Minister of India has taken an initiative to 
improve the condition of the rickshaws drivers and hawkers in delhi who are 
often subjected to the atrocities of the local authorities.

Also the work done by India Cycle Rickshaw Improvement Project (by ITDP, New 
York) on cycle rickshaws was commended by the PM office and we have been 
asked to also help in developing improved hawker/vendor carts for the city 
of Delhi.

G Shyam,
Consultant Designer,
India Cycle Rickshaw
Improvement Project

=====================================================================
PM DRAFTS POLICY FOR HAWKERS, RICKSHAW PULLERS IN THE CITY
August 27, 2001
India Express

DELHI may well become the first city to abolish the current system of 
licenses
given to street hawkers and cycle rickshaws. The revolutionary reforms could
become a reality because the directions have come from the highest office in 
the
country that of the Prime Minister's.He has written to Delhi Lieutenant 
Governor
Vijay Kapoor to address to the "task of policy reform urgently".

The concerns of the unorganised urban sector were brought to Prime Minister 
A.B.
Vajpayee's notice in early August, after which some of the concerns found
mention in his Independence Day speech. According to sources in the PMO, the
Prime Minister is of the view that these reforms be implemented in "days and 
not
months". This is the first time that he has taken personal interest in the
concerns of this sector.

The biggest fallout of the reforms would be that the present licensing 
system,
which gives ample scope for rent-seeking and harassment by Licensing and
Enforcement officials, would be scrapped completely. A concept note 
outlining an
alternate regulatory system for street hawkers and cycle-rickshaws has been
prepared by the PMO."...It should recognise street hawking and 
cycle-rickshaw
pulling as legitimate occupations which help reduce poverty and facilitate 
their
integration into formal economy," says the note to the LG.

An alternate regulatory regime for street hawkers and cycle rickshaws has 
been
envisaged in the note as follows:

• The existing licensing system with quantitative limits must be scrapped
forthwith.
• The metropolis must be divided into "green, amber and red" zones, 
signifying
free-based access and prohibited
access, respectively. The division into the three categories may vary with 
the
time of the day, the day of the week and the week of the month. The division 
may
be made separately for street hawkers and cycle rickshaws.

The zoning will be formally notified and prominent streetlights to be put up 
to
indicate their boundaries and timings. The division would be made by the
MCD/NDMC in their jurisdiction, but invariably with the formal consultation 
with
the resident associations and elected representatives.

Other general restrictions like avoidance between midnight and 5am and no
overnight parking on pavements, would remain as before.

• Any person who wishes to be a street hawker or cycle rickshaw puller may 
do so
by simple act     of registration
involving two steps—Reliable identification by any means like voter ID Card 
or
by payment of nominal fee to cover costs of issue of these cards.

Upon registration, which has to be done on the spot , the person would have
unrestricted access to all the green areas. Penalties have to be restricted 
to
surcharge of fee, but impounding, destruction of goods by any authority will 
be
prohibited.

The registration must be renewed once a year. The sole purpose of the
registration should be to provide identification. It would not be a permit 
to
ply the trade. No such permit is needed as hawking etc. represent the
fundamental right to livelihood (as established in the Soudam Singh versus
NDMC/MCD case). Accordingly, there must be no limits on the registrations.

• A registered street hawker who wishes to ply in an amber zone, may do so 
by
paying a fee, upon which sticker may
be affixed on the registration ID. The number of hawkers may be regulated by
adjustment of fees periodically. The fee may be scaled to different 
categories
of street hawkers, peddlers on foot or using pedalised vehicles.
• NGOs with a record of working for the welfare of street hawkers and 
rickshaw
pullers may be authorised to
interface between them and the concerned MCD/NDMC authorities.

The licensing system as it exists today was meant to limit the number of 
these
tradespersons. The new concept is based on the presumption that the licenses
impose a number of restrictive conditions, which do not seem to relate to
general convenience of the public like health and safety consideration. 
Instead,
hawkers and rickshaw pullers are subject to atrocities by these 
functionaries.

The restrictive licensing system enables rents to be collected by the 
officials
who process, issue and enforce licenses. These rents are estimated in a 
study
done by an NGO, MANUSHI, to be approximately Rs 50 crore a month. The 
unlicensed
hawkers are estimated at 5,00,000.

"It is time that the licensing system is reformed so that the hawkers and
rickshaw pullers belonging to the poorest sections of urban society are 
enabled
to pursue their modest livelihood without extortion. This would convey the
message that policy reforms benefit the poor, and not only the middle –class 
or
well-to-do," the note adds.


HAWKERS, CYCLE–RICKSHAWS GET HIGH–LEVEL SUPPORT FROM PM

Aug 28, 2001
Hindustan Times

Prime Minister Atal Bihari Vajpayee has started that genuine policy reform 
is
called for in the present licensing systems for hawkers and cycle rickshaws 
in
the national Capital Region of Delhi.

In a letter written to Lt. Governor V. K. Kapoor, Vajpayee has emphasised 
policy
reform to eliminate the scope for rent seeking and harassment by licensing 
and
enforcement officials and recognise street hawking and cycle rickshaws as
legitimate occupations.

In what may be seen as an extension of his Independence Day speech made from 
the
ramparts of the Red Fort, the Prime Minister has advised the government of 
the
NCR of policy reform urgently. "Street hawking and cycle rickshaws help 
reduce
poverty and facilitate their integration into the formal economy, "the 
letter
said on the importance of the trade which faces harassment from a battery of
officials in the Capital.

The Prime Minister's office has also prepared a concept note outlining an
alternative regulatory system for street hawkers and cycle-rickshaws, 
embodying
the objectives in the letter written to the LG.

Outlining the broad points on which the Prime Minister deliberated, the 
letter
said that the policy of restrictive issue of licenses for hawkers and
rickshaw-pullers is a perversion of the Supreme Court judgement in Saudam 
Singh
versus NDMC case in 1987. The case represented a fundamental right to 
livelihood
and was subject only to reasonable regulations to avoid potential social 
costs
of these activities (street and pavement obstruction).

Criticising the existing system, Vajpayee said that the restrictive 
licensing
system enables rents to be collected by the officials who process, issue and
enforce licenses. Giving statistics from a study, he said that while the 
rents
are estimated to be approximately Rs 50 crore a month from 20,000 licensed
hawkers, the number of unlicensed hawkers is estimated to be at around five
lakhs.

The Prime Minister also said in his letter that the hawkers and 
rickshaw-pullers
are subject to atrocities by the government functionaries like destruction 
or
misappropriation of the hawkers' wares, impounding and destruction of 
rickshaws.

In his letter to the LG, the PM expressed the need to ameliorate the 
condition
of these two sections urgently. The letter said that the CVC N Vittal has
already written to the Delhi Chief Minister Sheila Dikshit on the issue.




HAWKERS, CYCLE – RICKSHAWS GET HIGH LEVEL FROM PM
Aug 28, 2001
Hindustan Times

Prime Minister Atal Bihari Vajpayee has stated that genuine policy reform is
called for in the present licensing system for hawkers and cycle rickshaws 
in
the National Capital Region of Delhi.

In a letter written to Lt Governor VK Kapoor , Vajpayee has emphasised 
policy
reform to eliminate the scope for rent seeking and enforcement officials and
recognise street hawking and cycle rickshaws as legitimate occupations.

In what may be seen as an extension of his Independence Day speech made from 
the
ramparts of the Red Fort, the Prime Minister has advised the government of 
the
NCR of Delhi to address this task of policy reform urgently. "Street hawking 
and
cycle rickshaws help reduce poverty and facilities their integration into 
the
formal economy," the letter said on the importance of the trade which faces
harassment from a battery of officials in the Capital.

The Prime's Minister office has  prepared a concept note outlining an
alternative regulatory system for street hawkers and cycle rickshaws, 
embodying
the objectives in the letter written to the LG.

Out lining the broad points on which the Prime Minister deliberated, the 
letter
said that the policy of restrictive issue of licences for hawkers and 
rickshaws
pullers is a perversion of the Supreme Court judgement in Saudam Singh 
versus
NDMC case in 1987. The case represented a fundamental right to livelihood 
and
was subject only to reasonable regulations to avoid potential social costs 
of
these activities (street and pavement obstruction).

Criticising the existing system, Vajpayee said that the restrictive 
licensing
system enables to rent to be collected by the officials who process, issue 
and
enforce licenses. Giving statistics from a study, ha said that the while the
rents are estimated to be approximately Rs 50 crore a month from 20,000 
licensed
hawkers, the number of unlicensed hawkers is estimated to be around five 
lakhs.

The Prime Minister also said in his letter that the hawkers and rickshaws
pullers are subject to atrocities by the government functionaries like
destruction or misappropriation of the hawkers wares impounding and 
destruction
of rickshaws.

In his letter to the LG,the PM expressed the need to ameliorate the 
conditions
of these two sections urgently. The letter said that the CVC N Vittal has 
said
written to the Delhi Chief Minister Sheila Dikshit in the issue.


LG GETS CRACKING ON PM’s POLICY ON RICKSHAW PULLERS
August 28, 2001
Indian Express

THE Lieutenant Governor of Delhi, Vijai Kapoor, today went through the 
letter
addressed to him by Prime Minister A.B.Vajpayee wherein he had charted out
measures that could be taken to do away with could be taken to do away with 
the
licensing regime for hawkers and cycle rickshaw-pullers in some selected 
parts
of the Capital. Sources in Delhi government said the "letter was being 
studied
with utmost importance''. Newsline had published the Prime Minister’s
suggestions in detail.

In fact, on receipt of the letter, Kapoor summoned the Principal Secretary, 
and
Urban Development Minister R. Narayanaswamy, and held detailed discussions 
with
him. There are likely to be further meetings with key officials tomorrow. 
The
NDMC and the MCD would also become involved in the implementation of the 
Prime
Minister’s suggested measures shortly. Sources in the PMO had said that 
Vajpayee
wanted as early as possible.

The Prime Minister had sent his letter yesterday. He had categorically said 
that
the”policy of restrictive issue of licenses for hawkers and rickshaw-pullers 
is
a perversion of the Supreme Court judgement of 1987which had ruled that 
hawking
etc. represented a fundamental right to livelihood and was subject only to
reasonable regulations to avoid potential social costs of these activities 
(eg.
Street/pavement obstruction”.

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