The Government of J&K enacted J&K Municipal Corporation Act 2000 andthe J&K Municipal Council Act 2000.By virtue of these Acts three tier UrbanLocal Bodies (ULBs) viz, Municipal Corporations, Municipal Councils andMunicipal Committees were created in J&K and endowed them with duties,powers, resources and responsibilities to make them viable & vibrant local self Government Institutions. Presentlythere are some 80 ULBs whichinclude two corporations, six municipalcouncils and 72 municipal committees. The overall administrative control vestswith the Secretary Housing & Urban Development Department at the Governmentlevel with two municipal Commissioners/Mayors and the two Directors atprovincial /executive level. In 4/2013the Corporation under the two Acts notified 18 functions and powers to ULBswhich are as follows:-a)Public health, sanitation conservancy and solid wastemanagement. b) Cattle ponds, protection of cruelty to animals, c) Vital statisticsincluding registration of births and deaths, d) Regulation of slaughter houses& tanneries, e) Slump improvement and upgradation, f) Burial & burialgrounds and cremation & cremation grounds and electric crematoriums, g)Public amenities including streetlighting, parking lots, bus stops and public convenience, h)Regulation of landuse and construction of buildings, i) Urban planning including town planning,j)Planning for economic and social development, k)Roads & bridges, l) Watersupply for domestic, industrial and commercial purposes, m) Fire services,n)Urban forestry , protection of the environment and prevention of ecologicalaspects, o)safeguarding the interests of weaker sections of society includingthe handicapped & mentally retarded , p) Urban poverty alleviation, q)Provision of urban amenities and facilities such as parks, gardens and playgrounds; and r) Promotion of cultural, education and aesthetic aspects. Ofthese only first eight functions from (a) to (f) are being carried out by the Srinagar Municipal Corporation (SMC).
Being one of his assignments, the then Chief Minister during 4/2016 asked forsetting up an alternate vendor market followed by the Hon’ble High Court of J & K orders in 4/2017for removing street vendors (HSHS &Civil Lines area) within a month. During 8/2017 Divisional Commissionerdirected SMC to remove all street vendors. In 11/2017 the SMC Commissionerproposed shifting of ‘Sunday market’from Polo View to Eidgah ‘ followed by Commissioner’s statement in 7/2018 thatvending zones near Exhibition Crossing were ready. It is, however, alleged that lack ofcooperation from the hawkers has been a hurdle to make vending zonesoperational quoting example of vending zones near Exhibition Crossing wherevendors showed their indifference to move. As per news reports SMC now seeks help of an outside J&Knon-governmental organization for rehabilitation of vendors. The SMC is statedto have contacted an NGO from outside J&K for helpingit in rehabilitation of street vendors who have been congesting many city areasand consequently causing immense difficulties to commuters by hampering thesmooth flow of traffic in these areas. It is disclosed that one of the Delhibased NGO has visited Srinagar recently to discuss ways for rehabilitation of2,910 registered vendors in Srinagar and an initial meeting has also been held with this NGO. The SMC authoritiesare awaiting their feed back.
1. In viewof 133 years old experience of the civicbody (SMC) established in 1,886 as Municipal Committee looking after populationin thousands, now grown upto the status of a Municipal Corporation having coverage of lakhs of people & area in hundreds of square kilometerswith practice of street vendors almostin towns as well, seeking interventionof an outside State private body gives vent to some questions:-Primus)Is rehabilitation a final solution to the problem? Secundus) Shall not other new street vendors follow the suit creating aplethora of problems short of any durable solution? Tertius) Don’t we have suchexpertise available here as so many Development Authorities exist here atsub-district, district level and to cap it all a full fledged Srinagar DevelopmentAuthority? Quartus) Aren’t we acquainted with mood and manner of our streetvendors than the outsiders? Quintus) Why should an outside state NGO be invitedto help mitigate a local problem ? Sextus) Shall not the problem spread itstentacle to other urban/rural local bodies forcing ejection or redundancy oflocal management? Septimus) Shall outside State NGO come with pieces of landand bags of money to spread & distribute it here and solve the problem? Never. One is reminded of a verse in Urdu of Dr. Sir Mohammad Iqbal that reads: ” Intiha be es kehai aakhir khriendi kub talak – Chitriyan, romal, muffler, perahan Japan say…….Apni gaflat ke yehi halat agar qaim rehi – Aayiangay gussal Kabal say, kafunJapan say which roughly translates to It is utmost limit how far will you go onpurchasing umbrellas, handkerchief, muffler, long robes from Japan….If thiscondition of negligence continued washers for the dead will come from Kabul andshrouds from Japan”. The topography,geography and demography of Srinagarlash us to find solution within our own resources and under our owncircumstances which recapitulates us of a Persian adage of ‘qazia zameen bursare zameen’ meaning that ‘dispute of aplace should be settled on the same land.”
Where there is hustle & bustle of people owing to anyreasons street vendors too appearautomatically for economic activitiesunlike barren streets and deserted landsthat don’t attract hawkers as a natural corollary. So markets ,congregation of people by virtue of Government offices, schools, hospitals,commercial places, populous area etc, peripheral developments crop upindispensably. The projectised collaboration between SMC and the outside stateNGO authorities has raised apprehensions of various types and kinds among thepeople. One such apprehension being fear of rehabilitating undeserving peopleand some blue eyed persons not otherwise entitled to and at the cost of State exchequer. Stillthis is no solution as we have street vendors/hawkers at Batamaloo, JamiaMasjid Nowhatta, Lalla Ded Hospital, NewBus Stand Mandi, Pandchukh, SMHS Hospital, Soura, Hazratbal, Dalgate etc to name a few and a similar situation isposturing in towns also. A possible solution can be to maintain these streetvendors/hawkers to the alleys/lanes where no public transport plies. However,Sunday markets may continue only on Sundays at Polo View, Lal Chowk, Eidhgah orBatamaloo etc where these are functioning at present so that movement ofvehicular and public transport is not disrupted.
[The author is a former Sr. Audit Officer working as Consultant in the A.G’s OfficeSrinagar.]