Commerce
In October 2004, in name of NDA policy and shockingly procured Supreme Court approval, MCD decided to “regularize” unplanned hawking and privatise its management in joint-venture with an NGO. Unlike by CVC letter of 2001 in support of NGO ideas, both governments remain unmoved by CVC letter of 2004 in support of DMP solutions for informal sector, MoUD continues to desire not to reply in two-year-old PIL against misuse of DMP space meant for this, despite assurances on affidavit DDA continues to promote its misuse for profit while also seeking police help for evicting hawkers from it …
The business of hawking hawkers, as chronicled in 2002 under a different regime: In 1995 “Manushi” (journal about women and society) made a film on hawkers and rickshaw pullers. And “SEWA” (trade union that organises women for full emploreliance) initiated an international alliance that decided all nations must have policies for vendors. In 2001 Manushi was engaging PMO to do what it felt needed doing. And SEWA was engaging MoUD to do what it felt needed doing. Manushi-PMO effort threw up a policy for Delhi, hoped to serve as guideline for the nation. And SEWA-MoUD effort threw up a task force to make national guidelines. For Delhi, Manushi-PMO initiative precipitated a scheme for immediate solution. And SEWA-MoUD initiative precipitated research into the problem. By 2002 a full dozen government / public agencies were engaging directly or indirectly on hawking in Delhi – with no reference to … better as well as statutory Master Plan provisions of 1990 that made the policy dialogue of 2001 rather redundant. … implications of such dialogue… condones culprits … worth of extortion payments hawkers have made since 1990 is estimated to be about Rs.3300 crores… for being in the wrong place …the real scam, overlooked in the policy dialogue, is on the real estate worth of the right places that are rightfully theirs. Secondly, it shortchanges victims – by offering policy intention in place of statutory solution, by taking away implementation priority advantage of being backlog and by downsizing entitlements from land to ID and loan and self-regulation. …Thirdly, it undermines faith in planned development… leading columnist wrote about Manushi “We must all thank Madhu Kishwar for opening our eyes” and about planners that they “need to be sacked en masse” and “be in jail” … Fourthly, it undermines responsibility for planned development… view (expressed by the Minister at MoUD/SEWA workshop and by DDA routinely) that hawkers can’t be given space because they will sell it… excuses for non-implementation … not acceptable from those whose mandate it is to implement, especially when the excuses have no experiential, empirical or conceptual basis… such policy dialogue gives space and legitimacy to unacceptable excuses… (Hawking Hawkers: How high-profile policy dialogues can lead to downsizing of citizens’ statutory entitlements, May 2002)
Policy since 2001 for informal sector is premised on denial of existence of statutory DMP solutions via planned space and is serving to spare this space for profiteering and to maintain extortionist status-quo. NCMP commitments called for rectification by enforcing DMP or better solutions for informal sector...
In October 2004, in name of NDA policy and shockingly procured Supreme Court approval, MCD decided to “regularize” unplanned hawking and privatise its management in joint-venture with an NGO. Unlike by CVC letter of 2001 in support of NGO ideas, both governments remain unmoved by CVC letter of 2004 in support of DMP solutions, MoUD continues to desire not to reply in two-year-old PIL against misuse of DMP space meant for informal sector, despite assurances on affidavit DDA continues to promote its misuse for profit while also seeking police help for evicting hawkers from it …
NCMP-DMP convergence opportunities… missed and subverted
- 14.06.2004: Hawkers' demand to implement informal sector commitments of NCMP by enforcing DMP solutions and suspending recent "policies", made in letter to DDA and MoUD, respondents in MPISG PIL of 2002 challenging freehold disposal of planned commercial space for unrestricted use in violation of DMP provisions and objectives
- 16.06.2004: NGO meeting to press for NDA policy in name of UPA’s NCMP: letter to MoUD, etc, to object | pictures
- 22.06.2004: NCMP-DMP Note-4 about DMP opportunities and imperatives for NCMP informal sector commitments, summarising prior engagements
- 23.06.2004: Request to stop licensing commercial use in violation of DMP wrt Supreme Court remarks in the matter of industries, at no.1 in letter to Commissioner (Planning)
- 23.06.2004: Application for addition of NCMP-DMP Note in response to s.11 Public Notice for metro property development, at no.3 in letter to Commissioner (Planning)
- 11.07.2004: Complaint against incident of hawker harassment
- 02.08.2004: Policy to license commercial misuse in residential areas quashed by Supreme Court (but without directions for DMP solution, not sought in that PIL)
- 04.08.2004: DDA continued to insist in High Court that the MPISG PIL of 2003 challenging several DMP violating government projects in ridge area has been “settled” in subsequent PIL by Supreme Court order “allowing” Vasant Kunj Malls
- 11.08.2004: High Court order for replies on supplementary affidavit in MPISG PIL of 2002 that the Petitioners had filed in March 2004 after being directed to point out at all three levels – Master Plan, Zonal Plan and Layout Plan – how the breach had been committed by DDA)
- 13.08.2004: News report about market association’s redevelopment plans for DDA market “handed over” to it for “maintenance”, with both market (misuse therein) and “policy” for privatising “maintenance” covered by MPISG PIL of 2002 (picture)
- 19.08.2004: News report about non-functional “charitable hospital” (picture), against which complaints for hawker harassment, etc, were made in 2002, being up for sale: news report, letters, etc
- 30.08.2004: PM reiterates NCMP promise of National Commission for unorganised sector at SSI convention
- 01.09.04: News report of MCD plan to privatise management of weekly markets on unplanned, illegal sites
- 06.09.2004: GNCTD Public Notice about allowing late shopping
- 06.09.2004: NASVI (SEWA) letter to hawker groups affiliated to it, asking for details of their advocates to invite them to a meeting proposed in December to take stock, after approval (by NDA) of policy based on their presumption anti-hawker laws, of pro-hawker laws
- 07.09.2004: Weekly markets privatisation and night shopping liberalization: comment | letter
- 10.09.2004: Central Vigilance Commission letter to Delhi Government and PMO for action plan for implementing DMP provisions for hawkers
- 18.09.2004: DDA/MoUD Public Notice for change of land use on river bed to commercial for metro IT Park, unmindful of objections, including in response to prior Public Notices, against refusal of DMRC to make mandatory provision for informal sector in its development
- 22.09.2004: High Court issued notice in MPISG PIL of 2003
- 02.10.2004: DDA letter for police assistance against "vendor menace" in Nehru Place: letter to Police Commissioner
- 12.10.2004: News report about Manushi-MCD idea to "regularize" all hawkers and privatise their management in line with NDA policy, inclusive of recommendations for abandoning provisions against street encroachments in municipal and police laws, and Supreme Court “approval”
- 13.10.2004: DDA and MoUD fail to file replies on supplementary affidavit in MPISG PIL (inclusive of NGO account of how Supreme Court “approval” was procured for DMP violating “policy”), matter not heard.
- 14.10.2004: NCMP-DMP concerns, etc, raised in hawkers' response to s.11A Public Notice for metro IT Park
- 16.10.2004: Letters to MCD and others to posit that the Manushi-MCD idea is invalid under MCD Act and cognisable offence under DDA Act, sent also to DDA and MoUD in view of MPISG PIL, HUDCO, DUAC, Delhi Police and NCRPB in view of their role in NDA policy, and CVC and PMO in view of CVC letter
- 23.10.2004: News report about another High Court order “against” hawkers, on basis of licensing laws, not valid since DMP notification in 1990.
- 24.10.2004: Letters to “official” NCMP minders – PMO, UPA-Left CC, NAC – for their view on this chronicle… NCMP-DMP MINDER (COMMERCE) SUSPENDED