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This policy brief examines the barriers to accessing Water, Sanitation, and Hygiene (WASH) facilities for women street vendors in Delhi, who constitute 30% of the city’s estimated two million street vendors. Despite the Street Vendors Act, 2014, and the Delhi Street Vendors Scheme, 2019, women vendors face significant challenges, including harassment and lack of social security. The study, which surveyed eight major markets in Delhi, found considerable disparities in access to WASH provisions, impacting women's employment and well-being.
A Policy Position paper analysing the WB Inlands Fisheries Act 1984 and it's impact on the Fisherfolks community and the mangroves facing climate threats
Author : Ghanshyam Sharma
In Charu Khurana v. Union of India, 2014 SCC Online SC 900, a Supreme Court Bench comprising of Dipak Misra and U.U. Lalit, JJ held that the bye-laws of Cine Costume Make-up Artists and Hair Dressers Association (‘Association’) prohibiting women from practising as make-up artists and requiring residency for over 5 years in Maharashtra violate fundamental rights enshrined in the Constitution as well as statutory provisions. The Court directed the bye-laws to be quashed, and the police administration to prevent any harassment of female artists by the Association.
A five judge bench of the Hon’ble Supreme Court, in State of Bombay vs R.M.D. Chamarbaugwala (AIR 1957 SC 699), held that gambling or conducting the business of gambling is extra-commercium and hence not included within the meaning of ‘trade, commerce or intercourse’. Consequently, it is not protected by the fundamental right to trade and profession under Article 19(1)(g) or the freedom of trade, commerce and intercourse under Article 301 of the Constitution of India.
The Hon’ble High Court of Gujarat, in Mahila Utkarsh Trust vs Union of India (2014 SCC OnLine Guj 7642), held the provisions contained in Section 66(1)(b) of the Factories Act, 1948 – prohibiting women from working in factories between 7.00 pm and 6.00 am - to be ultra vires Articles 14, 15, 16, 19(1)(g) and 21 of the Constitution of India, relying on the decision of the Hon’ble Supreme Court in Anuj Garg vs Hotel Association of India (AIR 2008 SC 663).
iJustice has drafted Model Rules under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act 2014, for dissemination amongst Government Authorities. These rules have been drafted with the aim to ensure effective implementation of the Street Vendors Act 2014, keeping in mind the goal of ensuring livelihood freedom to vendors and hawkers and adherence to the rule of law and the principles of natural justice.
The Government of the National Capital Territory of Delhi published the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2014 in the Delhi Gazette on 26th of November, 2014 under the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
Although the rules are largely in consonance with the parent Act, there are six main flaws in the rules:
The Rajasthan Street Vendors Act was passed on 29 August 2011 and came into force on 1 April 2012. The Act mandates setting up of Town Vending Committees (TVC), registration of street vendors and framing of a street vendors’ scheme. Additionally, it lays down the responsibility of monitoring the functioning of the TVCs and implementation of the Scheme on the Municipalities.