<div><em><strong>Sutanu Guru </strong>analyses how well meaning judicial verdicts have wide ranging consequences</em></div><div> </div><div>Right at the beginning, let me make it very clear that the words “aam aadmi” used here has nothing whatsoever with the “start up” party presided over by the IIT graduate Arvind Kejriwal. The words here refer to average citizens of India who do not have the privilege of counting themselves as members of the growing middle class in the country. Having said that, what prompts me to fashion a headline that seeks to grab attention? Well the fact is, this is reality and you will find no heated prime time television debates on this.</div><div> </div><div>On October 13, the Government of Delhi issued a notification that brought into effect The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. Political animals will recall the 2014 Lok Sabha election campaign during which one Congress ad had the young prince Rahul Gandhi posing with street vendors as their savior from corrupt cops and municipal officials. But this piece is not about many such attempts of Rahul Gandhi to project himself as a 21st century Che Guevara. This piece is about the Supreme Court and the aam aadmi, represented in this case by street vendors of Delhi and NCR. </div><div> </div><div>On the face of it, the new Act that was notified by the Delhi Government on October 13 (and faithfully ignored by all newspapers and TV channels) seeks to protect the livelihood of street vendors. Look at some provisions of the act and you will find it hard to figure out if this is an Orwellian or Goebbelsian world. One provision of this “pro poor” new law states that if a car is found illegally parked in front of a street vendor who is selling food, a penalty of up to Rs 2,000 will be imposed on the street vendor. There is more. Under the new law, street vendors are not allowed to use water and electricity. Yes, there is also a provision that prohibits vendors from making noise to attract customers as it will worsen the already bad noise pollution levels in Delhi. The street vendors can operate only from sunrise to sunset. As the sun sets, the street vendor is expected to pack all his or her supplies and go back to whichever slum she emerged from at the crack of dawn. Then there is the killer provision: in order to promote health and hygiene, the street vendor is not allowed to “cook” on the road side. </div><div> </div><div>This is the logical culmination of a process that started in 2013 when the Supreme Court delivered a verdict that effectively emasculated the ability of street vendors to sell food to customers on streets of Delhi. To be fair to the Delhi Government led by Arvind Kejriwal, efforts have been made to make life easier for street vendors. But not enough. According to available data, there are around half a million street vendors in Delhi out of which only about 50,000 are registered with a license. Under the new law, a street vendor can operate only with a license. Anyone who understands how the lower (and even higher) level of Indian bureaucracy works will understand what a Herculean task it would be for poor, often illiterate street vendors to “obtain” licenses. And then just imagine the harassment of street vendors by local cops and officials. </div><div> </div><div>Public health and hygiene are indeed critical. But is it fair to deprive half a million poor families of a livelihood ? There is more. These half a million street vendors are a lifeline for millions of the urban under class who get cheap food in these joints. If vendors are not allowed to cook, how will an auto rickshaw driver get fresh “kulcha” (bread, if you must) for his lunch or dinner. Or do we expect him to get lunch packed in a fancy tiffin box that keeps food warm? If this is not “they can eat cake if they don't get bread moment”, I don't know what is. Sure, the Supreme Court meant well. But then, haven't we heard about the proverbial road to hell being paved with noble intentions? </div><div> </div><div>Back in the 1990s, the Supreme Court became “activist” and passed a series of verdicts aimed at checking pollution in Delhi which was rising to alarming levels. All polluting units were banned. Millions of workers employed in these small scale units were suddenly deprived of a livelihood as these units were forced to shift to places far away from Delhi. But then, it was argued that all citizens must pay a price for clean air. So be it. Then, the Court decreed that all public transport vehicles must shift to CNG. If you have lived in Delhi in those years after the verdict, you will understand what auto rickshaw and bus drivers went through. There wasn't enough CNG, and there weren't enough outlets selling CNG. So it was common for poor auto rickshaw drivers to wait for ours at a CNG outlet. Did all this help control pollution in Delhi? Well, according to a report released by the World Health Organisation in 2014, Delhi is by far the most polluted city in the world. </div><div> </div><div>What went wrong? Even as poor auto rickshaw drivers waited hours for CNG, the middle class Indian fell in love with diesel cars and SUVs. Experts cite the explosive growth in sales of diesel cars and SUVs as a prime reason for the dangerous levels of pollution. And of course, there are the 50,000 odd trucks and heavy commercial vehicles that pass through Delhi everyday. So what's the new solution? A relatively new body called the National Green Tribunal has taken up the cudgels. It has effectively banned all diesel vehicles that are more than 15 years old from the roads of Delhi. The upwardly mobile middle class Indian can of course buy a new diesel car or SUV every three or five years. It is mostly the under class that would be operating old vehicles. But hey, don't all citizens need to pay a price for clean air?</div><div> </div><div>I rest my case.</div><div> </div>
