Cases under Bharatiya Nyaya Samhita target street vendors!

Bengaluru, NT Bureau: One among the first few cases under the newly enacted Bharatiya Nyaya Samhita (BNS), which took effect on Monday, has sparked controversy as it allegedly targeted Pankaj Kumar, a street vendor in Delhi.

Kumar was booked for carrying out street vending, an activity that constitutes his right to life and livelihood and is protected under the Street Vendors (Protection of Livelihood and Regulating Street Vending) Act, 2014.

In a similar incident, the Goa Police also booked Shri Nisar Ballari, a tender coconut vendor in North Goa, under the same provisions, said sources. Democratic organisations such as All India Central Council Of Trade Unions (AICCTU) have vehemently criticised the new Criminal Codes, including the BNS, labelling them as unconstitutional and undemocratic.

The first case registered at 12:15 am on July 1 is seen as a deliberate attack on the right to livelihood of street vendors such as Kumar, indicating a broader assault on the working class, they claimed.

Street vending is recognised by law as a legitimate livelihood on footpaths, with courts ruling that vendors are neither 'obstructions' nor 'encroachers.' The Street Vendors Act of 2014, specifically Section 27, was enacted to prevent police harassment and protect the livelihoods of street vendors.

As per a release by AICCTU on Monday, the Street Vendors Act of 2014 states, “No street vendor who carries on the street vending activities in accordance with the terms and conditions of his certificate of vending shall be prevented from exercising such rights by any person or police or any other authority.”

Critics argue that the new Criminal Codes grant excessive powers to the police, leading to arbitrary actions against marginalised sections of society.

The BNS passed in a highly undemocratic manner, is seen as part of a broader pattern of attacks on street vendors by the ruling BJP regime, which has previously implemented measures such as demonetisation, GST, anti-farmer laws, and anti-worker labour codes, they say.

The fines under the BNS have increased significantly, with the previous penalty of Rs. 200 under the IPC now elevated to Rs. 5,000. This steep increase is expected to have a chilling effect on street vending, as vendors, already financially constrained, may find it impossible to continue their businesses under the new financial burdens.

The Karnataka Pragatipara Beedhi Vyaparigala Sangha has demanded the immediate withdrawal of the FIRs against Kumar and Ballari, as well as the repeal of the new Criminal Codes.

They also urged the Karnataka government not to implement these codes and to ensure the protection of street vendors' rights by law enforcement authorities.