Street Vendor and the State

Step out the terminus railway station - Sealdah and you find your self standing in front of one of the biggest taxi stands with men socked in sweat shouting Howrah Howrah!!! The hot and humid air coming from the swampy delta and sea nearby, makes you utterly uncomfortable and believe me you would want to tear off your shirt and run for a near by cool water pond, but wait you can't do that so keep walking.

Coming out of the taxi stand you will be stunned to see the crisscross flyovers and a city of black and yellow taxis, buses and tram, with no sight of any permanent settlement.(which reminds you of the song "ae dil hai mushkil jeena yahan ye hai Bombay, ye hai Bombay, ye hai Bombay meri jaan" but you wont be mistaken for the Bengali script will keep remind you that you happen to be standing on a different side of India that just happens to be a bit similar to the city for which the song was penned down).  The city lives under the highway, i must say. And who are these people? Street vendor. What are they selling? Well, think of cheap decoratives, cell phones, Chinese goods, lamps, CDs, DVDs, posters, milk shakes, sweets, fruits, etc spread along the sides of the broad roads from one end to another, from north to south, from east to west. Walk and walk and walk and still it seems the city never begins to show its other face.

By the night the archaic buildings become hotels and and who knows what business goes on inside those walls and dark rooms. And more importantly where does the city goes in the night? Where do those people sleep?

Well, my friends do not be bothered we have more important things to discuss than a bunch of invalids. Yes, invalids they are, for they make our cities look dirty, they are involved in crimes such as rapes, they do not pay the taxes and they do not have any identity. Is it so?

The concerns revolving around these poor people have made many civil society activists raise these issues to the Centre. The National Commission of Safaai Karmachai have been asking for addressal of their demands for long.

The centre came up with a National Policy on Urban Street Vendors in 2009 (the links of the same is attached below). The policy recognises the need of regularising street vending in cities. There are on an average 2 million Street Vendors in each city in India. The centre realises the harassment at the hands of police and local mafias that these poor people face in absence of any mechanism to address their plight. The Ho'nable Supreme Court had in 1989 drawn attention towards the Article19 (g)of the Constitution and the need to properly regulate street vendors.



Recently the Parliament of India passed a much awaited The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Bill. The Bill has several commendable provisions. The Bill seeks to constitute a  Town Vending Committee (TVC). The TVC would perform various functions such as demarcation non-vending zones, limiting vendors to a maximum of 2.5% of total city's population, providing ID cards, co-ordinate with local authorities in urban planning and being and interface with the police for the street vendors. The Bill also provides for a  grievance redressal committee this will help bringing justice to the street vendors in case of harassment. Preference is give to the marginalised sections: Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), minorities, women and disabled persons.


Street vending gives an informal source of earning to the numerous unemployed men and women in India and the Bill will certain be a step towards regularization of the same. The successful implementation of the Act will call for efficient establishment of mechanism suggested in the Act on grass root level. Also, the municipal subjects fall under the State list, so concerns are being raised about the possible centre-state friction that can come up.

With time, we can hope that the myriad problems faced by our fellow country men who have by far been marginalized and left to live on the side walks of our mega cities, will be properly addressed.

Humidity...pweh!!!

Loneliness in Bengal for a Hindi speaker may not be an exception

Yes!you guessed it right, its Salt Lake City, in front of DLF buildings 

(Dedicated to 15th June 2010 - the day I kept my step for the first time(technically, second time but I feel it was never so intimate as this time) on the literary soil of West Bengal to be only stunned by the abject poverty and plight of innumerable men and women. The land of Tagore, Stayajit Ray, Eden Garden, Park Street, Victoria Palace, Writer's Building.....and what not... I stood silent.)

On Forest Rights

3:00 AM

2013-12-23

(Words: 2172)

Chakresh Singh

On Forest Rights

(a report):

During the colonial rule, forest dwellers and nomads were seen as criminals. No attempt was made to recognize their legitimate rights and save them from the exploitation of industrial firms which were set up in or near forest and affected the lives of those who had to depend on forests for their livelihood.

Post independence, need was felt to judiciously use our natural resources for attaining self-reliance. But sadly, it took a long time to enact such a ‘landmark law’. The law aims at addressing the injustices done to the Forest Dwellers. Many a times, these people have faced evictions and termed as encroachers or even naxalites by the forest authorities. Ironically, contractors and industry firms have got enough support of the bureaucracy when it comes to their rights in forests.

The Indian Forces Act, 1927, the Wildlife Protection Act, 1972, and the Forest (Conservation) Act, 1980; all were premised on the conception that human interference in forest area would lead to destruction. The National Forest Policy, 1988, challenged this traditional view and considered the ‘forest-dwelling communities’ as primary stakeholders in forests who had to be involved in the conservation process.

The National Common Minimum Programme of the UPA, advanced in 2004, before the formation of the government at the Centre gave expression to this aspiration

Many states have seen local resistance movements against many projects. Jharkhand, for example, saw the rise of many NGOs and coordination committees backed by Jharkhand Mukti Morcha, CPI(M) and CPI(ML). Mining has been the major cause of evictions from forests in Jharkhand. When the State was created, the government signed 42 MoUs with global investors and approximately 48,000 acres of land was estimated to be required for all the projects.

Also see: Recent Article on Niyamgiri:

http://www.thehindu.com/opinion/editorial/the-significance-of-niyamgiri/article4677438.ece

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Bill, 2008

• In short, referred to as the Forest Rights Act (FRA), was brought forward to address the historic injustice done to the forest dwelling Scheduled Tribes.
• The Act recognizes and vests forest rights and occupation in forest land in forest-dwelling Scheduled Tribes and other traditionally forest-dwellers.
• “Other traditionally forest-dwellers” will comprise of families that have been living in forest and have depended on forest for their bona-fide livelihoods for at least three generations (base line date in 13^th December 2005). A “generation” for this purpose would mean 25 years.
• The Act provides for ceiling on occupation of forest land for the purpose of recognition of forest rights to the area under actual occupation and in no case exceeding 4 hectares.
• The Act also recognizes the right to use, collect and dispose minor forest products which has been traditionally collected within or outside village boundaries.
• FRA provides for adequate protection for ‘critical wildlife habitats’. (see Section 4 of the Act)
• The rights thus provided, will be inheritable but not transferable or alienable.

Opposition:

Several NGOs and lobbyists expressed concerns which ranged from adverse effect of human population in forests on the dwindling tiger population, irrational distribution of forest land to tribal families and drastic effect on the pulp industry.

A Joint Parliamentary Committee (JPC) was set up to consider such and more concerns.

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012

• The Act recognizes and vests forest rights and occupation of forest land with Scheduled Tribes and other traditional forest dwellers. These rights include the right to collect and sell minor forest produce and the right to live in the forest land for habitation or self-cultivation for livelihood, etc.
• The amending Rules introduce the process to be followed by the Gram Sabha and district level committee, the process for the recognition of rights and amends certain definitions. Some of the key amendments include: 
• Gram Sabha:ƒ The Gram Sabha shall monitor the committee constituted for the protection of wildlife, forest and biodiversity. It has to approve all decisions of the committee pertaining to the issue of transit permits to transport minor forest produce, use of income from sale of produce, or modification of management plans. The collection of minor forest produce is to be free of all fees. The committee has to prepare a conservation and management plan for community forest resources.
• ƒThe Forest Rights Committee (FRC) of the Gram Sabha shall not reexamine recognised forest rights or interfere in the verification of claims that are pending.
• ƒThe number of Scheduled Tribes represented on the FRC has increased from one-third to two-thirds. The quorum of the Gram Sabha meeting has been decreased from two thirds to one-half of the members. At-least one-third of the members present shall be women. While passing a resolution regarding the claims of forest rights, at-least 50 per cent of the claimants to forest rights or their representatives should be present.

State level monitoring committee

The committee should meet at-least once in three months to monitor the recognition, verification and vesting of forest rights, and furnish a quarterly report to the central government.

Definitions

‘Bonafide livelihood needs’ refers to the fulfillment of livelihood needs (earlier sustenance needs). These can be fulfilled through the sale of surplus produce.

Finally, My Views

While a lot has been done, a lot needs to be done. With more and more computerization of data available with various ministries and forest offices, it will become more feasible to identify the forest dwellers. Efforts have to be made for in-situ rehabilitation of people who have been living in forests or have depended on forest for their livelihood for centuries. The National Forest Policy, 1988 rightly identifies the need of considering the forest dwellers and primary stakeholders in forest conservation.

The Forest Officials need to be trained from time to time to make them more humane towards the tribal population. The officials are seen as foreigners who displace the poor people from their home lands and tag them as encroachers. Such distrust and hatred against the public authorities can create many long term problems. There is a need of more engagement with the locals to reduce friction.

Any law aimed at addressing historic injustices will always face the difficulty of identifying the injustices and those who have faced them. Grievance-redressal becomes more difficult when we are talking about forest dwellers as many of them are nomads and do not stay at any place for a long time.

Recognition of Forest Rights of Forest Dwelling population is a step stone towards attaining true inclusiveness in India. In future we can make holistic schemes, targeted at education, health and security of these people.

Such affirmative steps will help in bringing down menace like Naxalism and help improve the internal security situation in some ways.

The concern of those who oppose such legislation is not totally unfounded. There are instances of people encroaching in forest area and irreparable doing damages to the natural resources of the country. But we will have to start some where.



END.




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Related Issues:

Approval of developmental project in forest areas

The Ministry of Environment and Forests has diverted 1,133,123 hectare for “non-forest purposes” from 1980 to 2006.

The National Green Tribunal Act, 2010:

"An Act to provide for the establishment of a National Green Tribunal for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto".

The Tribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6 months of filing of the same.

During the Rio De Janeiro summit of United Nations Conference on Environment and Development in June 1992, India vowed the participating states to provide judicial and administrative remedies for the victims of the pollutants and other environmental damage.

There lie many reasons behind the setting up of this tribunal.

In recent news reports there have been deliberations on whether there is a possibility of appealing a central government decision on forest clearances.  In this context, the National Green Tribunal (NGT) has directed states to comply with the statutory requirement of passing an order notifying diversion of forest land for non-forest purposes.  It has also held that it can hear appeals from the orders of state governments and other authorities on forest clearances.

The NGT was established in 2010 to deal with cases relating to environmental protection, and conservation of forests and other natural resources.  The need was felt to have a mechanism to hear appeals filed by aggrieved citizens against government orders on forest clearances.  For instance, the NGT can hear appeals against an order of the appellate authority, state government or pollution control board under the Water (Prevention and Control of Pollution) Act, 1974.

How is a forest clearance obtained?

(Source: http://www.prsindia.org/theprsblog/?tag=diversion-of-forest-land)

Obtaining a forest clearance is a key step in the process of setting up a project.  Recently the Chhatrasal coal mine allotted to Reliance Power’s 4,000 MW Sasan thermal power project in Madhya Pradesh has received forest clearance.  The Ministry of Environment and Forests (MoEF) first gives ‘in-principle’ approval to divert forest land for non-forest purposes based on the recommendations of the Forest Advisory Committee.  This approval is subject to the project developer complying with certain conditions.  Once these conditions are complied with, the central government issues the final clearance.  It is only after this clearance that the state government passes an order notifying the diversion of forest land.  The NGT’s decision deals with this point in the process during which an appeal can be filed against the order of forest clearance.  For the flowchart put out by the MoEF on the procedure for obtaining a forest clearance, see here: http://moef.gov.in/citizen/specinfo/forflow.html

What was the NGT’s ruling on forest clearances?

The NGT was hearing an appeal against a forest clearance given by the MoEF to divert 61 hectares of forest land for a hydroelectric project by GMR in Uttarakhand.  The NGT has ruled that it does not have the jurisdiction to hear appeals against forest clearances given to projects by the MoEF.  However, the NGT has the power to hear appeals on an order or decision made by a state government or other authorities under the Forest (Conservation) Act, 1980.  The judgment observed that though Section 2 of the Forest (Conservation) Act, 1980 requires that state governments pass separate orders notifying the diversion of land, this requirement is not being followed.  The NGT has directed that state governments pass a reasoned order notifying the diversion of the forest land for non-forest purposes, immediately after the central government has given its clearance.  This will allow aggrieved citizens to challenge the forest clearance of a project after the state government has passed an order.  Additionally, the NGT has also directed the MoEF to issue a notification streamlining the procedure to be adopted by state governments and other authorities for passing orders granting forest clearance under section 2 of the Forest (Conservation) Act, 1980.

There are some concerns that an appeal to the NGT can only be made after the state government has passed an order notifying the diversion of forest land and significant resources have been invested in the project.

What is the status of applications for forest clearances made to the MoEF?

The MoEF has given approval to 1126 proposals that involve the diversion of 15,639 hectares of forest land from July 13, 2011 to July 12, 2012.  The category of projects accorded the most number of approvals was road projects (308) followed by transmission lines (137).  Some of the other categories of projects that received clearance for a significant number of projects were mining, hydel and irrigation projects.  However, most land was diverted for mining related projects i.e., 40% of the total forest land diverted in this period.  Figure 1 shows a break up of the extent of forest land diverted for various categories of projects.  The number of forest clearances pending for decision by the MoEF for applications made in the years 2012, 2011 and 2010 are 197, 129 and 48 respectively. 

Source: “Environmental Clearance accorded from 13.07.2011 to 12.07.2012”, October 12, 2012, MoEF.

Parliamentary Standing Committees’ recommendations

·         Commission on Rail Safety

o   Commission of Rail Safety (CRS) should be main an independent body (outside ministries)

o   It should be made autonomous and be given statutory status

o   CRS’s role is to audit and inspect after accident takes place, ensure safety, recommend how to avoid accidents

o   CRS reports to Civil Aviation and Railway ministies

o   Codes get implemented without consulting CRS

o   CRS recommendations are not taken as compulsory by the ministry. This needs to be addressed b y making CRS a strong body.

o   GRP and RPF put the blame on each other and people suffer as no one takes responsibility

On Telangana

Source; Wikipedia

Andhra Pradesh State had three main cultural regions: Telangana, Coastal Andhra and Rayalaseema.
he Telangana region has an area of 114,840 square kilometres (44,340 sq mi), and a population of 35,286,757 (2011 census) which was 41.6% of Andhra Pradesh state population.
The city of Hyderabad would serve as the joint capital of Telangana and Andhra Pradesh for ten years.


The Telangana Rebellion was a peasant revolt supported by the Communists. It took place in the former princely state of Hyderabad between 1946 and 1951. It was led by the Communist Party of India.
There have been several movements to invalidate the merger of Telangana and Andhra, major ones occurring in 1969, 1972 and 2009.

Proponents of a separate Telangana state cite perceived injustices in the distribution of water, budget allocations, and jobs.

http://en.wikipedia.org/wiki/River_water_disputes_in_Telangana_state

On Section 377 of IPC and Unnatural Sex

Backdrop:

In July 2009, the Delhi high court had  legalized homosexual acts between consenting adults in private, by partially declaring Section 377 of the Indian Penal Code (IPC) unconstitutional and a hurdle in the fight against HIV/AIDS.

The Supreme Court held on 11^th December, 2013 that the unnatural sex or homosexuality between two consenting adults under the section 377 of the IPC will continue to be an offence. LGBT comprise a miniscule percentage of the population and have been demanding right to have unnatural sexual orientation. So far, less than 200 people have been prosecuted under Section 377.

Section 377 of the Indian Penal Code states that, whoever voluntarily had carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

This present judgement had overturned the 2009 Delhi High Court judgement that decriminalized gay sex. Some see this as a blow to liberal values and human rights.

Under the Sexual Offences Act, 1967 buggery is no longer an offence in England if committed between two consenting adults of and above the age of 21. This Act has, however been criticized even in England as negating States’ right to suppress a social vice.

Articles 14, 15 and 21 of the Constitution of India, provide for freedoms to the subject but to certain conditions, one of them being The Doctrine of Natural Justice.

As of now, "it is up to Parliament to legislate on this issue."

Amnesty International called the decision a "body blow to people's rights to equality, privacy and dignity", while a legal challenge from gay rights groups is also possible.

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Natural rights is simple nonsense: natural and imprescriptible rights, rhethorical nonsense, nonsense upon stilts. - Jeremy Bentham 

Every law framed by man bears the character of a law exactly to that extent to which it is derived from the law of nature. But if at any point it is in conflict with the law of nature in ceases to be a law; it is mere perversion of law. - Locke

The American Declaration of Independence states that it was 'self evident' that every human being has 'certain inalienable rights'. In 1879, the French Declaration of 'rights of man' asserted that 'men are born to be free and equal in rights'.

Relatively recent was the adaptation of UN Declaration of Human Rights, 1948.

While the debate on viability and definition of Human Rights goes on some glaring examples of underline flaws in our understanding of the broader issue. Since, abortion is illegal in the Republic of Ireland, last year an Indian doctor - Savita Halappanavar, died during miscarriage. 

The current issue of denying a section of our society from following their free-will in the matter of person choice about their sexual orientation, is no less severe. The law, by deciding what is to be considered as natural and unnatural in the matter of sexuality of the people, is setting up bad precedent. Several countries have accepted LGBT as a section of society, equal to all other members in all respects.

We cannot make a section of our society untouchable. We cannot force a person, who was so far a transgender to try change her sexuality.

The Supreme Court's judgement needs to be reviewed and there is a need of assuaging the fears of all our friends whose life is being infringed upon by such harsh judgement.