Impact of Bharatiya Nyaya Sanhita 2023 on Street vendors

Source: The post impact of Bharatiya Nyaya Sanhita 2023 on Street vendors has been created, based on the article “Street vendors in India also deserve good laws” published in “Live mints” on 2nd July 2024

UPSC Syllabus Topic: GS Paper2-governance-Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Context: The article discusses India’s new penal code, the Bharatiya Nyaya Sanhita 2023, and its impact on street vendors. Despite existing laws, street vending remains chaotic due to poor implementation and corruption. The article suggests easier licensing to balance order and commerce.

For detailed information on Bharatiya Nyaya Sanhita 2023 read this article here

What challenges do street vendors face with the introduction of the Bharatiya Nyaya Sanhita 2023?

1. New Legal Framework: The Bharatiya Nyaya Sanhita (BNS) 2023 introduces updated legal codes that replace outdated pre-1947 laws. A street vendor was one of the first individuals charged under Section 285 of the BNS for causing obstruction under a foot-over bridge at New Delhi Railway Station, illustrating immediate enforcement challenges.
2. Challenges in Regulation: Despite the Street Vendors Act of 2014, which aimed to regulate and organize street vending, implementation has been poor. The act’s goals to map vending zones and issue certificates have not effectively managed the chaos.
3. Corruption and Inconsistency: Arbitrary enforcement by local officials and police corruption have exacerbated difficulties for vendors. The act was intended to reduce bribery, but uneven law enforcement has led to continued problems.
4. Economic Impact: Restrictive interventions in street vending impact the livelihood of many vendors who rely on this informal economy.

For detailed information on the Street Vendors Act 2014 read this article here

What should be done?

1. Simplify Licensing: Licenses for street vendors should be easier to obtain and not scarce. This approach would help in maintaining pathway accessibility without excessive control.
2. Improve Implementation of the Street Vendors Act: Enhance cooperation between local administrations to effectively implement the Street Vendors Act of 2014, ensuring that the goals of organized vending zones and licensing are achieved.
3. Reduce Corruption: Strengthen enforcement mechanisms to reduce bribery and ensure fair treatment of vendors by officials, which is crucial for the equitable application of the law.

Question for practice:

Examine the challenges that street vendors face with the introduction of the Bharatiya Nyaya Sanhita 2023 and the proposed solutions to improve their situation.