The Regularization of Street Vending in Bhubaneshwar, India: a Policy Model Randhir Kumar1
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WIEGO Policy Brief (Urban Policies) No 7 June 2012 The Regularization of Street Vending in Bhubaneshwar, India: A Policy Model Randhir Kumar1 efore 2007, street vending in Bhubaneshwar, the In Bhubaneshwar, the basic issue of devising a policy capital city of Odisha (a state in India), exempli- framework for regularizing street vending remained un- Bfied an over-regulated informal economy. Police addressed for a long time. However, the need for an and municipal inspectors would persistently harass amicable policy was felt by both the town authorities and the vendors by threatening them and confiscating their vendors alike. Both the parties realized that their tug of merchandise. The authorities treated street vendors war benefited no one, and coming up with an enduring as illegal entities, encroachers on public space, and a solution would require peaceful negotiations through source of unsightly nuisance. This negative approach social dialogue. After multiple rounds of brainstorming towards the vendors generated a classic “Conflict between the vendors’ organization and town authori- Model” case, characterized by distrust and an ties, a conceptual model involving dedicated vending ongoing tug-of-war between the town authorities and zones was collectively agreed to in December 2006. Bhubaneshwar is among the first cities in the street vendors. On one side, the town authorities Under this model, legally sanctioned, aesthetically India to acknowledge street vendors as would resort to anti-encroachment drives attempting pleasing fixed kiosks were to be constructed in the an integral part of the city by establishing to contain or eliminate the street vendors. On the other vending zones and handed over to the vendors aesthetically pleasing fixed kiosks in le- side, the vendors, struggling to safeguard their liveli- working in the area. Between 2007 and 2009, 52 gally sanctioned vending zones. hood, would demonstrate their anger and resentment vending zones were created; as of December 2011, through massive protests. At times these protests there were 54 vending zones with approximately 2,600 would temporarily allow vendors to continue with their kiosks (Mohapatra 2011). The key ideas behind de- Bhubaneshwar thus became among the first cities in business; however, these strategies were more like signing the policy framework were to bring all the India to acknowledge street vendors as an integral part fire-fighting or stop-gap arrangements that did not relevant stakeholders together for joint planning and of the city and to regularize them through a complex- offer a permanent solution (Bhowmik 2001). then to implement it through partnership among them. public, private and community partnership model. 1 Randhir Kumar is a PhD candidate at the Amsterdam Institute for Social Science Research, University of Amsterdam, the Netherlands and can be contacted on [email protected] or [email protected]. WIEGO Policy Brief No 7 I 1 invited to take part in planning were representatives from The Conceptual Design: A Bhubaneshwar Development Authority, Public Works Public-Private-Community Department, National Highway Authority of India, Orissa Industrial Infrastructure Development Corporation, Forest Partnership Model Department, local Police and the Regional Transport Office. The process of conceptualizing and designing the Representatives from all the stakeholders together vending zone model was initiated through the part- constituted a body called the City Management Group nership between town authorities (public) and street (CMG). Several rounds of meetings were organized vendors (community). While prime actors in the public in which the models proposed were debated and domain were the Bhubaneshwar Municipal Corpora- improved upon. During the meetings, the stakeholders tion and General Administration (GA Department, Gov- also came up with a mutually agreed-upon action plan ernment of Odisha), the street vendors’ community detailing how to proceed with the creation and dedi- was represented by a body of eight elected members cation of vending zones. The members of CMG who from the National Association of Street Vendors of missed the scheduled meetings were later apprised Temporary bamboo structures established India (NASVI) and its associates, AORVA and NKUBM. about the proceedings and the consensus built during over the probation period. The eight elected members came from the Market Com- the discussions. This was of particular significance as it mittee, a body composed of general secretaries of various avoided last minute objections, which could potentially vendor markets in Bhubaneshwar. Other stakeholders have cropped up during implementation. The action plan devised was to be implemented in roughly three phases. The first phase required town authorities and vendors’ associations to map the vendors’ spatial distribu- Figure 1: The Public, Private and Community Partnership Model for the Creation of Vending Zones tion throughout the city and propose the potential sites for creating the vending zones. It also involved a photo survey Collaboration of the beneficiaries who would occupy the kiosks in the zones. Once this exercise of identification of land plots Town Vendors’ Authorities Association and vendors was complete, the second phase involved putting the site in consideration under a probation period of six months. During this probation period, only temporary Vending Phase I and II bamboo structures were allowed to be erected. These were Collaboration Zones Identification of sites observed for six months. Once the probation period was Identification of vendors over, and both the authorities and vendors’ organizations Probation period were convinced of its smooth functioning, the third and final phase required issuing vending licences. The construction Collaboration Phase III of iron structures having an aesthetic appearance was per- Other mitted. In this third phase, private partners were brought in Partners Construction of iron structures primarily to finance the construction of the vending zones. The partnership model during different phases of imple- mentation can be summarized as in Figure 1. 2 I WIEGO Policy Brief No 7 Strategies for Implementation individual trade licences to the vendors identified during the survey. Rather, the task of final distribution of kiosks Throughout the implementation, vendors’ organizations was under the direction of the vendors’ union NASVI, were active partners. In the first phase, a joint survey which in turn thoroughly checked the background of was conducted in which a comprehensive list of pro- individual beneficiaries to ensure that no proxy vendor posed sites for vending zones, along with the ben- received space in the vending zone. eficiary vendors, was prepared. The objective was to create vending zones at the place where the vendors The third phase involved converting the temporary were already conducting their business; however, there bamboo structures into aesthetic looking fixed kiosks. were cases where it was not feasible due to conges- After successful completion of this trial, permission to tion or other practical reasons. For instance, only the construct non-concrete iron structures was granted. The public land under the purview of GA department was to guidelines specified iron structures must have dimen- be considered for vending zones, but at times a given sions of either 6x6 sq. feet or 8x6 sq. feet. Once a par- plot of land used by vendors actually belonged to some ticular vending zone was approved for the iron structure, private entity. In such cases, BMC and NASVI proposed there was a need to come up with a strategy for building an alternative place for rehabilitating the vendors and them that was efficient in terms of time, cost and pro- due care was taken to ensure the new place was not too cedure. Contractors approved by BMC came up with far from the previous one. To identify the vendors who designs and building materials that were cost-effective would occupy a zone, the photo survey of the vendors and durable. operating in the area was also conducted in collabora- tion with the vendors’ organizations. All these activities Financing the construction required pooling resources to required a high degree of coordination and support, and benefit all the participants. One innovative strategy was without the mutual assistance and flexibility of both town to draw in advertising companies, who agreed to finance authorities and vendors, the desired output might not the cost of some vending zones in exchange for the ad- have been achieved. vertising rights atop the shops. This was a substantial help, however it was not extensive enough to cover all In the second phase, the list of proposed vending the vending zones. The vendors were ready to contrib- zone sites was sent to the GA department for approval. Certain companies agreed to finance ute, but many did not have the resources. Furthermore, However, gaining approval was a daunting task and once trader infrastructure in exchange for ad- they were constrained due to lack of available credit. again vendors had to struggle. The usual process was to vertising rights. Here, an NGO, called Bhagidari intervened and helped send a letter to GA authorities who, after a long period, needy vendors in securing loans from the State Bank of would send back a regret letter arbitrarily stating the the vendor’s federation that the ultimate breakthrough in India. On behalf of vendors, the NGO acted as guaran- non-availability of the proposed piece of land. In some getting the land sanctioned was achieved.2 tor of the loans and trade licences issued by BMC to the cases when the land was allotted, the possession was vending zones were kept as security. Several other local not formally given. The situation was further aggravated With the green signal of GA and BMC officials, each philanthropic bodies like Rotary Club, Lions Club and- due to opposition from some of the municipal council- respective vending zone erected temporary bamboo Marwari Yuva Manch contributed in kind by providing for lors and almost all the proposed pieces of land met with structures for the probation period. BMC did not issue sweeper’s uniforms and dustbins in the vending zones.