Editor,
It was quite heartening to note that Deputy Chief Minister Prestone Tynsong has stated that the government will act under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. This marks a change in the government’s journey from attempting to impose an illegal law to acknowledging its adherence to the law. But then in the next sentence he says that “it matters little whether it is a Provisional Town Vending Committee (PTVC) or a full-fledged Town Vending Committee as long as it is operational”. These are contradictory statements.
Whether the TVC is full-fledged or provisional is a very critical matter. According to the CHAPTER VII, TOWN VENDING COMMITTEE section 22 (2) ‘Each Town Vending Committee shall consist of :- (d) the number of members representing the street vendors shall not be less than forty per cent who shall be elected by the street vendors themselves in such manner as may be prescribed’. The Act mandates the TVC include at least 40% (or more) hawker representation, elected by the hawkers themselves according to its provisions. This achieves two things: The process does not marginalize hawkers’ interests, and it is democratic, reflecting the principles of our Constitution. At the moment, no elections have taken place because the process of certification is not yet complete with objections still being redressed. The Hawkers association claims that the licensing process has granted licenses to non-genuine hawkers while ignoring genuine ones. So, the provisional TVC does not adhere to the law. So, the statement that the government is going to follow the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, is completely false. It looks likely that the issue will return to the court, most probably the Supreme Court. The case in the High Court took over 6 years. This time it might take over 10 years. So, the issue is again going to be pushed on the back burner to become somebody else’s problem.
On a side note, one of the most iconic pictures of the entire eviction was of a hawker raising a sdie (axe) against the authorities who had come to evict her. A thousand years ago, a mother took up the wait (Khasi machete) to avenge the killing of her daughter. But when she could not find the killer, she flung herself from a cliff—from which emerged a waterfall whose beauty we all enjoy to this day. Today, another mother has raised a sdie to protect her children from starvation. What happens to her will speak volumes about the conscience of our society.
Bhogtoram Mawroh
Shillong