Monday, 25 August 2014

PROTECTION OF STREET VENDORS IN INDIA: SOME EXPERIENCES



Today in the morning when I (ad)came out  from pragati maidan metro station I stopped at a street vendor selling juice. I was with my colleague Sri Sanjeew Ambasth, Indian Law Institute, New Delhi. I started enquiring about a child around 12 years age who was peeling the mausami. The vender replied that the boy is his relative. On asking why is he not studying in school, I was told that the boy belongs to Bahraich of UP which is inflicted from flood. Therefore, he is here and helping his parents earn roti.
ad - whether he has to pay something to men from police, municipality,
Juice vendor- to police wala I gives Rs 150/hafta(week), 300/month to one from  municipality, another 600 rupees  to another from municipality.
ad-so 600/ month to police, + 300+ 600= 1500/month
Juice vendor -Some time free juice to some men in authority like police, municipality etc  especially there is some panga  with customers on change of money, etc.
ad-Why do not you take a licence  for street selling.
Juice vendor—I ve full paper etc.
ad-then why do you give them money?
……I could not talk longer because it was 9.10 and we had to reach Indian Law Institute for thumb impression on biometric.


I was reminded by an Act of 2014.
WEDNESDAY, MARCH 5, 2014/PHALGUNA 14, 1935(SAKA)

THE STREET VENDORS (PROTECTION OF LIVELIHOOD AND
REGULATION OF STREET VENDING) ACT, 2014
(NO 7 OF 2014)[4th March, 2014]
An Act to protect the rights of urban street vendors and to regulate street vending
activities and for matters connected therewith or incidental thereto

Friday, 15 August 2014

Reservation Issues and Mahabharat Katha : Arjun and Eklavya Argument in SC

 Faculty Association of AIIMS
v
Union of India[1]



[1] 2013 Indlaw SC 449, JT 2013 (10) SC 526, 2013 (5) MLJ 833, 2013(9) SCALE 198, 2013 (5) SLR 508
A Constitution bench of five judges comprising Hon'ble Chief Justice Altamas Kabir, Surinder Singh Nijjar, M. Y. Eqbal, Vikramajit Sen, Ranjan Gogoi, JJ unanimously decided this case on 18 July 2013. 



14. Appearing for the Institute, Mr. Mehmood Pracha, learned Advocate contended that people from Backward classes and the Scheduled Castes and the Scheduled Tribes were often discriminated against and even in spite of having excellent qualities, they were not provided with sufficient opportunities to come up to the standards, as contemplated by the various medical colleges and, in particular, the All India Institute of Medical Sciences, which is an institution of national importance. Mr. Pracha urged that although reservation at all different levels of the Institute had been introduced, for quite some time, there is no available data to indicate that there has been any deterioration in the quality of medical services being provided in AIIMS. On the other hand, AIIMS was one of the most sought after medical institute, not only for promotion and research work, but also for the purpose of medical education. Taking a leaf out of Hindu mythology, Mr. Pracha drew an analogy from the story of Eklavya and Arjun in the Mahabharta. While Arjun belonged to the princely class, Eklavya was a tribal boy, who without actual training or guidance from any teacher, by his own efforts, excelled in the art of archery. The famous Dronacharya was Arjun's teacher in archery and Eklavya had acquired the skills that he had by merely watching Dronacharya guiding Arjun. However, when it came to an archery competition, Dronacharya, who was more or less certain that, if allowed an opportunity, Eklavya would possibly beat Arjun, requested Eklavya that if he really loved and respected him, he should give his right thumb as gurudakshina to his master. Eklavya dutifully obeyed the person he had chosen as his master and was thus prevented from competing in the competition which Arjun won. Mr. Pracha submitted that simply because Eklavya was a tribal boy he was denied the opportunity of competing with Arjun, despite his brilliance and excellence. Mr. Pracha submitted that there are many more Eklavyas in today's society, who, if not suppressed and given a chance, would possibly even outshine those belonging to the higher echelons of Society.