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Law, Liberty and Livelihood
Making A Living On The Street

Editors : PARTH J SHAH and NAVEEN MANDAVA

Published by Academic Foundation
in association with
Centre for Civil Society, New Delhi

Hard Back Book : Pages : 312

2005 Edition : ISBN - 81-7188-448-2

Price : Rs. 595.00 : USD $ 35.95

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ABOUT THE BOOK :

Law, Liberty and Livelihood: Making a Living on the Street goes beyond mere macro-statistics and statistical controversies regarding the impact of liberalisation on the poor and endeavours to further the understanding of the processes and dynamics involved in various urban livelihoods. It documents through primary research the 'official' as well as the 'actual' regulatory and licencing processes by direct interactions with varied stakeholders. The case studies of railway porters, street vendors, small shop keepers, cycle and auto rickshaw drivers, household-based industries, as well as small school operators provide graphic details of what ails India's entry-level professionals - the bottom rung of the economic ladder from which the poor can hope to climb to economic success while providing some of the most essential services to city people.

The book recommends...

Create Spontaneous Order: Pursuit of urban livelihoods by the poor should not be viewed as a trade-off vis-à-vis the quality of life of urban residents. It is not a zero-sum game. The objective of urban management is not to create one correct and complete Master Plan. It will never be. The focus should be on institutions and processes through which the plans of individuals and communities would emerge and get implemented. The most fundamental question is not what decision to make but who is to make it - through what processes and under what incentives and constraints, and most importantly, with what feedback measures to correct the decision.

Exit LPQ; Enter LPG: Remove all licences, permits and quotas across the board for entry-level professions. City managers would do well to stick to the main rule of doctors: First, do no harm. Empower the poor with economic freedom - the freedom to earn an honest living in the vocation of their choice.

Apply Livelihood Freedom Test: Test all existing and new rules and regulations for their impact on the freedom to earn an honest living. Does any law restrict opportunities of any person to earn an honest living, particularly the one that requires little capital or skills? If so, then Review, Revise, or Remove. Occupational delicencing and deregulation should take priority in the agenda of the government, before embarking on massive employment generation schemes.

Decentralise Governance to Ward Committees: Change the locus of decision-making from the single municipal body to multiple wards - transfer ownership and management of public space and services to wards.

The Master Plan of every city of India should be rolled up into a bottle, corked, and thrown into the Indian Ocean. Corked, so that years later when the bottle is found, the absurdities of the Master Plan will become glaringly obvious when compared to the actual development of the city.

Jeevika: Livelihood Documentary Competition - www.jeevika.ccsindia.org - complements the research programme as part of the Law, Liberty and Livelihood Campaign of CCS. Join the livelihood freedom movement - for the sake of the poor !


"Try opening a corner grocery shop and you will find why India is Kafkaworld, not Disneyworld. License-permit raj did not die with economic reforms, it just got old and even more inefficient. Read this extremely revealing study on how market based solutions can counter the obduracy of government."
	- Surjit S Bhalla Distinguished economist, popular commentator and Managing Director, Oxus Research and Investments, New Delhi.

"The Indian state has failed so far to create an economy capable of providing enough jobs for the poor, and yet it believes it has the right to prevent the unemployed from exercising their right to livelihood. If this is not evil, it is hard to think what is."
	- Tavleen Singh Well-Known journalist, columnist, and television commentator.

ABOUT THE EDITORS :

Parth J Shah is founder president of Centre for Civil Society, New Delhi, a think tank for public policy solutions within the framework of rule of law, limited government, and competitive markets.

Naveen Mandava is a Research Associate with the Centre for Civil Society and is also the Coordinator of the Research Internship Programme Researching Reality. He shifted from electronics to applied microeconomic research when he saw the ability of public policy solutions to influence the lives of the poor.

CONTENTS IN DETAIL :

	Contributors Preface TAVLEEN SINGH Acknowledgement PARTH J. SHAH AND NAVEEN MANDAVA
	1. Introduction: Making a Living on the Street
	Why Liberalisation Has Failed the Poor? Urbanisation and Development Intentions and Outcomes: The Law of Unintended Consequences Proposed Regulatory Solutions Assumptions of Centralised Urban Planning A Civil Society Approach: Delicence, Deregulate, Decentralise

	2. Street Hawking: Spend to Vend
	Introduction Case Studies from Delhi Street Hawkers outside Safdarjung Hospital Street Hawkers in Central Market, Lajpat Nagar Other Parts of the City Conclusions from Studies in Delhi Chennai (Tamil Nadu) Mumbai and Ahmedabad (Maharashtra) Vadodara (Gujarat) Vijayawada (Andhra Pradesh) Kolkata (West Bengal) Patna (Bihar) Bangalore (Karnataka) Imphal (Manipur) Bhubaneswar (Orissa) Guwahati (Assam) Key Lessons from Findings All-over India Overall Conclusions Approaches to Deal with Street Hawking within the Context of Delhi Hawking and No-hawking Zones Licencing Micro-finance Schemes for Hawkers The Outcome of these Policies Reforms Appendix A: Guidelines for Grant of Tehbazari Appendix B Street Hawkers: Technical Conditions (As per Section 420, DMC Act, 1957)

	3. Setting up Shop: Shopping for Legality
	Trade Licence Opening a Shop in a Commercial Area Fate of the Application Common Grounds on which the Applications are Rejected Process Time of Application Opening a Shop in a Residential Area Health Trade License Regulations on Paper Running the Shop Master Plan of Delhi (MPD) Registration Under Delhi Sales Tax Act Delhi Shops and Establishments Act Situation on Ground in Case of Enforcing Closing Timings Directorate of Prevention of Food Adulteration Weights and Measures Synopsis of the Survey Results of Shops Conclusions Reforms Appendix A: List of Trades Appendix B: Health License Trades Appendix C : Shops: Technical Instructions Appendix D: Maintenance of Establishment

	4. Urban Land Management Plans: Master Plan for Disaster
	MPD 1962 - A Review MPD 2001 - The Experience MPD 2021 - Making of the Plan A Note on Planners and Plans Understanding the Lessons Reforms Conclusion

	5. The Meat Market: Meeting Market Demand
	Illegal Slaughtering in Delhi Licensing of a Meat Shop Running the Meat Shop Number of Meat Shops in Delhi Sanitation at the MCD Abattoir Medical Inspection of the Animals Transportation of Meat Reforms Technical Instructions: Meat Market

	6. Auto Rickshaw Permits: Limited Permits, Unpermitted Licences
	Driving Licences Certificate of Fitness Badge for Commercial Driving Permit for Driving Auto Rickshaw Purchase of New Vehicles Purchase of Second Hand Vehicles Renting of Vehicles Violations Conclusion Reforms

	7. Cycle Rickshaw Licencing: Cycles of Poverty
	Background of the Licencing Regime for Cycle Rickshaws Restriction on the Number of Rickshaws in the City Quantitative Limits on the Ownership of Rickshaw Cycles Contractors Licences Traffic Regulations Penalties Violations Prime Minister's New Policy for Rickshaw Pullers in Delhi Conclusion Reforms Delhi Municipal Corporation Cycle-Rickshaw Bye-Laws, 1960

	8. Licencing of the Railway Porters: Burden of the Badge
	The Good, the Bad and the Ugly of Being a Coolie I Still Love The Profession-How Do I Enter? The Golden Arm-Badge Transfer of Licences Arranging Themselves to Get Work The Business of Rate-fixing and Overcharging Misconduct, Supervision and Suspension Reforms

	9. Opening a School in Delhi: A Learning Experience
	Opening of Primary School in MCD Area Opening of Middle, Secondary or Higher Secondary School Recognition of Schools Case Studies Conclusions Reforms Circulars Regarding Essentiality Certificates Appendix A: Application Form for Essentiality Certificate Appendix B: Application Form for Recognition/Upgradation Appendix C: Application Form for Approval of Middle Class Syllabus/Provisional Affiliation to Secondary and Sr. Secondary Appendix D: Form of Inspection Report

	10. Household Based Industry: Is Big Brother Watching?
	Introduction Procedure for Starting a Household Industry Conditions for Household Category of Industries Documents to be Filed with the Application Form to Obtain MCD Licence List of Household Industries Fees and Charges Trade Timings Offences and Penalties by MCD Changes Permissible in the Municipal Factory Licence Role of DPCC Case-studies Reforms Appendix A: List of Industries under Household Category Appendix B: Example of the Technical Conditions for Household Industry Appendix C: Affidavit for Household Industry

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