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Wednesday, 02 January 2019 - Imphal Times

State plans Insurance policies for newspaper distributors

IT News

Imphal Jan, 2,

Chief Minister N. Biren today stated that an insurance scheme would be rolled out for the hawkers soon so that they get some financial assistance when they met road accidents etc. The government is also discussing for the introduction of a pension scheme for the members of the Association, he added.

Speaking as Chief guest, in the 34th annual function of All Manipur Newspaper Sales’ And Distributors’ Association (AMNSDA) held today at Social standard Club Ground, Khurai Nandeibam Leikai the Chief Minister said that understanding the hurdles and problems being faced by the truck drivers plying along the National Highways, Chief Minister said that CMHT benefits would be provided to the drivers soon..Biren Singh further stated that his government will try to secure the lives of people by focusing primarily on Health, Education and foods.

Stating that the present government’s mission is to root out poverty from the State, Chief Minister said that various ‘human oriented’ schemes have been implemented for the poor and needy people of the State. He believed that there would be a positive and drastic change in the State in the next 10-15 years. Acknowledging the love and support of the people, Chief Minister opined that the responsibility of a government is to serve its people and to work for their welfare. Priority would be given to education sector in the ‘Go to Village’ mission programmes so that we could provide good and quality education to our children, he added.

Under the mission government school will be inspected every month from this year, N Biren added.

Biren further said that his government will propose a 650km long gas pipeline and an International University for higher learning during the visit of Prime Minister.

The function was also attended by President of the All Manipur Newspaper sales’ and Distributors’ Assn Ajit Wangkhemcha, Minister of CAF and P.D. Karam Shyam, Deputy Chairman of Manipur State Planning board Sorokhaibam Rajen and MLA of Khurai Assembly Constituency Leishangthem Sushildro as President and Guests of Honour respectively.

Speaking on the occasion General Secretary of AMNSDA N. Surjit said that the hawkers play an important role in the society, the media houses can’t survive without hawkers. He added that the Association has a total number of around 650 members.Surjit Singh also highlighted the problem faced by the distributors as they met a lot of inconveniences as their works starts at dawn. He appealed for a proper attention of the newspaper distributors to the general public, the media fraternities and the government.

MLA of Khurai Assembly constituency L. Sushildro claimed that the present government did all the works in just two years where the previous government can’t do it in their 15 years term. Sushildro  also assured to distribute 500 reflecting jackets to the newspaper distributors

 Highlighting the role of hawkers Minister Karam Shyam says that the hawkers are the soul of media. People need to learn a lot from the hawkers in term of punctualities in their duty, he added.

The Chief Minister also announced that all the accredited/recognised Newspaper hawkers and their family would be covered under the Chief Ministergi Hakshelgi Tengbang (CMHT). He appealed the members of the Association to submit the relevant documents so that they can avail the benefits under CMHT.

Earlier the gathering pay 2-minutes silence as a mark of respect to the departed hawkers.

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Hectic preparation underway for PM Modi’s visit

IT News
Imphal, Jan, 2,

Prime Minister Narendra Modi is expected to visit Manipur on January 4 to inaugurate over 10 developmental projects.
Security personnel today conducted mass combing operations to stop any untoward incident during the visit.
According to Chief Minister N Biren said preparations are on in full swing for the Prime Minister’s visit.
Security personnel to oversee the security arrangements have arrived at Imphal.
Manipur Police personnel today rounded up large numbers of people in different areas to verify their identities.
Police frisked passengers and vehicles at various places.

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Modi’s visit is to strengthen colonial rule – says CorCom Calls total shut down during his stay in Manipur

IT News

Imphal, Jan 2,

Terming the visit of Prime Minister Narendra Modi to Manipur as a strategy to strengthen the colonial rule in the region conglomerate of rebel group of the region CorCom says that the visit is to show the world that this part of the country is inseparable with India. A statement Leibakngakpa Luwang , Media Co-Ordinator of  CorCom said that the proposed visit of Prime Minister on January 4, 2019 will bring no good to the people of the region.

The conglomerate of the rebel group calls total shutdown from 1.pm of January 4 till Narendra Modi left the state.

The armed rebel group waging war against the government of India said that since Manipur was annexed in the Indian Union on October 15, 1949, after the then Maharaja of Manipur was force to sign the agreement on September 21 of that year India has not taken up any appreciative work for the welfare of the erstwhile kingdom.

The statement recount on how the India government had placed the erstwhile kingdom to the status of Part C state and then Union Territory.

CorCom further said that after British left, India government continue the divide and rule policy in the region diving the Hill and the plain region and have been using all means to suppress the revolutionary movement of the region. India on the other hand has been using all force to convert the land into a Hindu land by suppressing the indigenous people since it was annexed to their union, the statement said.

The Corcom also blamed the India government for taking up any measures for the welfare of the people other than considering the WESEA region as a frontier. The past government has been cheating the people and the coming of the Narendra Modi government bring no change to their strategy to this part of the country.

CorCom appealed people to support the boycott called of the Narendra Modi.

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Maoist boycott PM visit; says no general strike

IT News

Imphal, Jan 2,

Maoist Communist Party, Manipur in a statement said that it will boycott the visit of the Prime Minister Narendra Modi with will not call general strike on the day. A statement of the outfit said that those who will be receiving the prime Minister will be those member of the BJP who were collected by paying tips. They will come on hired vehicles by the BJP. Thus the number of crowed gathered during his visit will not judge how the people of the state received the Prime Minister.

Maoist Manipur said that the Prime Minister’s promises for depositing of Rs. 15 lakh to the account of each citizen, recovering of black money, promises about conversion of Smart city, Sports University still has not been fulfil.

The coming of colonial master has nothing to be impress by the people of the state.

The Maoist further stated the kind of bias attitude to the region and stated the the region has always been treated as a colonial region. The visit still have no significance as along as the rights of the people has not been protected. Justice has been delivered to Pravish Chanam and many people of the region have received unequal treatment.

The Maoist said that whatever announced by the Prime Minister Narendra Modi in his last visit have never been converted into action. They just treated the people as a fool and knowing the game played by the Indian leader, Maoist called on people not to falls as prey of the Indian leaders.

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JNIMS Teachers’ body calls total shut down from January 3

IT News

Imphal, Jan 2,

Teacher’s Association of the Jawaharlal Nehru Institute of Medical Sciences (JNIMS) has decided to call complete shut down of the institution from 9. Am of January 3 if the government fails to fulfil their demand. The decision was taken in an emergency executive body meeting of the teacher’s body held today ay TA Office JNIMS.

Various issues plaguing the JNIMS have also been deliberated .

During the total shut down, OPDs , new Administration and routine operation will cease. However emergency / casualty services would be open till a further decision is taken by the Association.

The teacher’s body however stated that the agitation will be suspended temporarily on January 4 in view of the visit of the Prime Minister Narendra Modi. OPD, Casualty, Wards and Operation Theatres would be fully functional on the day of the prime Minister visit, a communiqué by the teachers’ body stated.   The teachers’ body however said that the complete shut down will resume from January 5.

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SSUM condemn arrest of their colleague under Draconian Laws

IT News
Imphal, Jan, 2,

Students Union of Manipur (SSUM) expressed strong condemnation to the arrest of their comrades from CMS (Chaitanya Mahila Sangam) and Bhavani from ABMS (Amarula Badhumitrula Sangam) under the Draconian Law, UAPA.
A statement signed by Bushan Longjam said  that on December 22, 2018, Annapoorna and Anusha CMS (Chaitanya Mahila Sangam) and Bhavani from ABMS (Amarula Badhumitrula Sangam) were kidnapped from their house in Hyderabad during the night hours. For almost 30 hours, their details were not disclosed to the family members and were produced on 23-12-2018 before the judge. After that, they were sent to Visakhapatnam Central Jail under the draconian law UAPA (Unlawful Activities Prevention Act). The police have cooked the story that they have been caught in a forest area of Visakhapatnam agency and were armed. Not only them, the State forces also included four other comrades from Chaitanya Mahila Sangam (CMS) viz., Devandra, Rajeswari, Swapna and Lakshmi Prasanna in the same FIR along with few other comrades from different organizations. Their activities were all charged as URBAN NAXALS.
Recently, Chaitanya Mahila Sangam (CMS) has actively helped the TITLI Cyclone affected victims. For which the police have booked cases and jailed them and later booked all the comrades in a Bind Over Case. Andhra Pradesh and Telangana government are rampantly misusing UAPA act by booking cases on the democratic peoples movement activists. Chaitanya Mahila Sangam (CMS) has also very actively campaigned with a slogan to question the electoral representatives coming for votes in Telangana.
Since 3 years, Andhra Pradesh government is doing propaganda by branding Chaitanya Mahila Sangam (CMS) as a Maoist frontal organization.  The state has pasted posters in the name of VIDYARTHI CHAITANYA SANGAM (an organization meant for improving the consciousness among students). This is a state sponsored organization, which has used the photos of our Chaitanya Mahila Sangam (CMS) comrades active in the local areas and the terminology used in the poster is that, the CMS comrades come to the colleges and they recruit the innocent students into Maoist party.
Chaitanya Mahila Sangam (CMS) is a 23 year old organization working for the upliftment and liberation of women. It also has been fighting against all forms of violence against women. But it has been facing many forms of repression . To suppress the speaking voices of Chaitanya Mahila Sangam (CMS), the state has charged them as URBAN NAXALS. So, Socialist Students Union of Manipur (SSUM) condemns this fascist act of the Andhra Pradesh government and we demand the immediate release of them unconditionally.

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YFPHR urges Prime Minister to deliver justice to Pravish Chanam

IT News
Imphal, Jan 2,

Youth Forum for Protection of Human Rights (YFPHR) has urged the Prime Minister of India to make an announcement that the case of Pravish Chanam be handed over from Department of Personnel and Training to Central Bureau of Investigation (CBI) during his visit here in Imphal.
Pravish Chanam was found dead in mysterious circumstances on September 9, 2017 at Greater Noida.
A memorandum in the connection has been submitted to the Prime Minister Narendra Modi, ahead of his scheduled visit here in Imphal on January 4.
Youth’s Forum for Protection of Human Rights (YFPHR) says that they are writing the Prime for the Third Time after a gap of 1 year and 3 months. They had already met several communication with the Prime Minister office since the death of Mr. Pravish Chanam at Greater Noida on the 9thof September, 2017 for urgent intervention for CBI investigation. However, no positive action is seen till date.
Similar communication letter was also sent to the Minister of Home Affairs, Rajnath Singh.  A delegation of various women leaders from Manipur had also met him to deliver justice to Pravish Chanam. YFPHR said that  no positive outcome could be seen observed. 
“The people of Manipur will be welcoming you with full of joy on the 4thof January, 2018 during your visit in Manipur. There are various steps which have been taken up by your government and also by the BJP led Government of Manipur which is highly appreciated”, a statement said. 
The YFPHR statement signed by its president, Kh Phajaton further said with regard to the mysterious death of Pravish Chanam, not a single Positive Response could be observed. Regarding the investigation over the death of Pravish Chanam at Great Noida since 1 years and 3 months have been passed. The “Movement for Justice for Pravish Chanam and Stop Racial Discrimination towards the North East People” still prevails with the support from various CSOs and Students’ bodies since the death of Pravish Chanam and will continue until Justice is delivered to the victim’s family members.

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What is there to be happy on New Year?

The cycle continue and once more, with the final exit of the 2018 , a new year 2019 begins. Wishing and blessing mark the coming of the New Year. But what is disheartening is that the coming of new years makes no difference for the state of Manipur.
 In the year 2018 , players from the state brought laurels and fame of the state and the government too had taken up some developmental works . Other than this there was nothing which we had to celebrate the 2018, as almost all happenings worried the right thinking people of the state.
The series of work programme initiated by the N. Biren Singh government  since it came to power showed that his intention was to take up some developmental and welfare programe of the people.
In recognition to his service for the people, N. biren Singh has been honoured as the 3rd best Chief Minister of India besides, the prestigious “Champion of Change”.  But whatever took up by N. Biren Singh for the welfare of the people still need a long way to turn into reality. The good works taken up still need to reach the common people.
Development works is not only required for taking up good governance but it also need to make sure that all citizen are ensured with the fundamental rights guaranteed under the Constitution of India.  The government needs to follow the constitutional provision. Regarding this, former Chief Justice of India Deepak Mishra quoted former President of US, Thomas Jefferson  - “ If the government fear the people then there is freedom, and if the people fear the government then there is atrocities to the people. In the word of Justice Mishra, Freedom is for all time. Freedom cannot be compromise with anything. Freedom is ensured and protected if the freedom of a citizen has not been compromise with any other things.
We cannot live without the significance of Democracy and definitely we cannot be ensuring freedom. If ones freedom has been violated without proper proceeding of the law of the Land then one might consider him half dead.
In Indian democracy, peoples are the supreme and the government is for the people. The question right now is that – Is the government fear the people or the people fear the government. The answer of this question will tell the fate of Democracy.
The uncertainty of the Manipur’s Boundary, rise of unemployment which is reaching  1/3 of the total population, the problem of influx of illegal migrants from outside the state which is becoming a threat to the indigenous people , trust deficit among the people of the state  - are some of the issue which question the fate of the state.
Right at the moment – the demand for the conversion of Meetei / Meitei into Scheduled Tribe , the demand for the Inner line permit system, the long struggle of the UNC to make a separate state by curving portion of the Manipur state, the Frame Work Agreement of the NSCN-IM and the demand of the Kukis  for a separate state, and the impact of the Armed Forces Special Powers Act (AFSPA) 1958 make the people of this region an uncertain life.
In such a situation we the Manipuri have to ponder is that how could the people expect more with the coming of the new year.
At many states where issues of Human rights violation and other, the coming of a new year use to be received with great celebration . But as for the state of Manipur where the people have been suffering with multiple issue , a burden has been lifted to the new year 2019.
If one ponder on the certain thing happening in the state, one wander whom to wish whom with the coming of this new year. There is a skepticism on assuming that the wishes of new year will yield positive result.  
Public leaders or legislators who wishes on year are abundant, but what is disheartening is that we still do  not see any leader who actually  want to make the people happy.  
There are also many people who fight for their right, but there are not many people who judiciously use the rights. This is the reason for the many wanted incident happening day today in our society.
Need of the hour is groom a leader who can sacrifice for the cause of the people.
Manipur is a home of various ethnic communities. Since time immemorial they have been living  in peaceful coordination . Sometime there were difference of opinion on certain issue which led to clash among them, but the brotherhood among the various communities has never been perished. Such incident happen in every society .
At a time when we have to find a solution for the difference, the unfortunate part is that some people are inciting hate feeling among the various community.  This people never bother about the future of the state.
With the coming of this new year it is the need of the hour that we as a citizen find something that we can do together to bring peace and prosperity in the state. If we can do something better for the society then we deserve celebrating the New Year. If we can change to a better tomorrow then the new year wishes of  2019 will do good for the society.
Lets think positive lets act for change.


By - N. Brajakanta Singh,
Guest Lecturer,  Department of Law, Manipur University.

Street vending in India is a reality. It is an important source of employment for a large number of urban and rural poor as it requires low skills and small financial inputs. The street vendors sells many goods, such as food items, vegetables, clothes, fruits, seasonal items etc. who have no other channels of marketing the products that they produce. They also ensure the availability of goods and services at cheaper rates to people. However, they are rarely treated with the same measure of dignity and tolerance as other permanently settled vendors.They are constantly harassed by the authorities.  They are targeted by municipalities and police in the urban areas as illegal traders, the urban middle class complains that these vendors make urban life a living hell as they block pavements, create traffic problem and also engage in anti-social activities. For most street vendors, trading from the road site and pavements is full of uncertainties. Besides sudden raids by municipal staffs and police, street vendors normally have to regularly bribe the authorities in order to carry out their business on the streets. All these mean that asubstantive income from street vending is spent on greasing the palms of unscrupulous authorities or to private money lenders. In fact in most cases street vendors have to survive in a hostile environment though they are service providers. Street vendors are often regarded as public nuisance. They are accused of depriving pedestrians of their space, causing traffic jams and having links with anti-social activities The lack of recognition of the role of the street vendors culminates in a multitude of problems faced by them: obtaining license, insecurity of earnings, insecurity of place of hawking, gratifying officers and musclemen, constant eviction threat, fines and harassment by traffic policemen. Street vendors have poor social protection and their working conditions on the streets expose them to a variety of safety and health issues. On the other hand, regulation of street vendors occupying streets, pavements and other public places is an indispensable function of urban local bodies. Therefore their protection is the issue. The present paper attempts to highlight that the recognition, protection and enforcement of the rights of street vendors should not be neglected by the municipal bodies in their management of public places. It is also attempted to draw serious attention of the Imphal Municipal Corporation to protectthe rights of street vendors in Imphal area by effective implementation of the law relating to protection of street vendors.
Key words: Municipality, natural markets, street vendors, vending zone.
A large section of street vendors in urban areas are those with low skills and who have migrated to the larger cities from rural areas or small towns in search of employment. These people take to street vending when they do not find other means of livelihood. Though the income in this business is low, the investment too is low and the people do not require special skills or training. Hence for these people, men and women, street vending is the easiest form for earning their livelihood.These street vendors in fact build an important component in the chain of goods supply. Street vending is not only a source of self-employment to the poor in cities and towns but also a means to provide ‘affordable’ as well as ‘convenient’ services to majority of the urban population. Further these street vendors provide goods to the consumers at convenient locations or even at their doorstep. They provide affordable options to the buyers and therefore enable a number of low income and middle income households to sustain in the urban areas. Therefore, street vendors perform a dual role in the urban economy; supporting a large number of households and providing livelihood opportunities to people. It also provides an outlet to people looking for seasonal employment as well as an impetus to the business of small scale or home-based industries.  Therefore street vending is a way for poor people to earn livelihood and make their way out of poverty. It also sustains the urban middle income and low income groups by making available to them affordable goods and services at convenient locations. Overwhelming majority of street vendors in Manipur, particularly in Imphal are women withsmall percentage of male hawkers mostly from outside the state (Bihar, Assam and West Bengal). They sell a variety of goods such as fish, vegetables, handloom and handicraft products, garments, bread and confectionery, plastic goods, books, newspapers and magazines, fruits, rice, seeds, other home-based manufactured items etc.
The Manipur Town Planning and Country Planning Act, 1975 provides that in residential area there should be provisions for 4 to 6 shops and 10 hawkers per 1,000 people. The Manipur Municipalities Act,1994 also empowers the Imphal Municipal Corporation to manage public places, regulate markets, trading and commercial activities in Imphal area. Other laws like the Police Act, the Motor Vehicles Act, the Criminal Procedure Code, etc, are enforced to protect and regulate public spaces and allow free flow of traffic on the roads. Hawkers become the main victims of these laws because they are viewed as the main obstructers and encroachers. What the municipal authorities and the police overlook are that there could be many other forms of encroachment, besides hawkers. The rapid increase of vehicles on the roads creates problems not only of traffic congestion but also of parking space. Several shops encroach on the pavements by illegally extending their construction. Such encroachments are often tolerated by the municipal authorities and the city police.Despite the fact that hawkers perform an important role in urban life their importance is considerably undermined by the municipal administration.There are sections of the public who feel that hawkers encroach on spaces meant for civic use, and others simply consider them as eyesores. The shop keepers in the market feel that their businesses are affected by these street vendors. Even those, who may be buying goods from these street vendors, would like for them to be more obscure. Street vendors are viewed as a problem that has to be controlled rather than as production units that contribute to the urban economy. They are often viewed as a nuisance or obstruction to other commerce and the free flow of traffic. Since they typically lack legal status and recognition, they frequently experience harassment and evictions from their selling place by local authorities or competing shopkeepers.  City administrators continue to regard hawking as illegal and hence hawkers are under constant threats of eviction and victimisation. At the same time we can see that hawkers cannot be removed not merely because a large number of people are dependent on street vending for their livelihood, but also because the common urban dweller benefits from their services. It is true that hawkers do create problems for pedestrians and commuters. However the solution lies not in banning or curbing hawking but in regulating this vocation. This can only be done when the municipal authorities stop treating hawkers as anti-social elements.
The controversy whether any right per se vests in street vendors to carry out their vocation in order to earn a livelihood has been well settled in a catena of cases by the Supreme Court of India. In 1985, for the first time, in the case of Bombay Hawkers’ Union vs. Bombay Municipal Corporation and Ors.,[1985(3)SCC528], the SupremeCourt upheld the right to livelihood of the street vendors and went on to observe that unreasonable restrictions and conditions cannot be imposed on street vendors. There are no legal reasons for preventing hawking. Later in 1989, the Supreme Court gave another landmarkjudgment regarding this issue in the case of Sodhan Singh vs. NDMC, [1989(4)SCC 155]. The Apex Court ruled that every individual has the right to earn a livelihood as a fundamental right. Hawking is thus a fundamental right provided it does not infringe on the rights of others. The Court directed all state governments to evolve regulations for hawking through zones. In Gainda Ram vs. MCD,[2010(10)SCC715], the court observed: “the fundamental right of the hawkers, just because they are poor and unorganized, cannot be left in a state of limbo nor can it left to be decided by the varying standards of a scheme which changes from time to time under the orders of the Court”.It can be safely stated that the street vendors too have fundamental right to earn their livelihood and their goods cannot be confiscated or destroyed arbitrarily by the police or municipal authorities. The municipal authorities are required to follow the requirement of natural justice i.e., right to notice and hearing before eviction or relocation of street vendors and confiscating their goods.
The new legislation is enacted to protect the rights of urban street vendors and to regulate street vending activities based on various Supreme Court and high court judgments and the National Policy on Urban Street Vendors 2009. The important features of the Act are as follows:
    According to Section 2(e) “natural market” means a market where sellers and buyers have traditionally congregated for the sale and purchase of products or services and has been determined as such by the local authority on the recommendations of the Town Vending Committee. It is a well-recognized concept that markets tend to grow around certain areas depending on factors like customer preferences, economicstatus of the inhabitants etc. It is pertinent that regard be given to these natural markets and that in order to regularize the street vending activities these vendors are not randomly relocated.
    A new body to manage, regulate and control street vendors is created by the law. Section 22(1) mandates the appropriate Government may, by rules made in this behalf, provide for the term and the manner of constituting a Town Vending Committee in each local authority. Sub-section (2) provides that each Town Vending Committee shall consist of:— (a) Municipal Commissioner or Chief Executive Officer, as the case may be, who shall be the Chairperson; and(b) such number of other members as may be prescribed, to be nominated by the appropriate Government, representing the local authority, medical officer of the local authority, the planning authority, traffic police, police, association of street vendors, market associations, traders associations, non-governmental organisations, community based organisations, resident welfare associations, banks and such other interests as it deems proper; (c) the number of members nominated to represent the non-governmental organisations and the community based organisations shall not be less than ten per cent.; (d) the number of members representing the street vendors shall not be less than forty per cent. who shall be elected by the street vendors themselves in such manner as may be prescribed: Provided that one-third of members representing the street vendors shall be from amongst women vendors: Provided further that due representation shall be given to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, minorities and persons with disabilities from amongst the members representing street vendors.
    Section 2(n) defines “vending zone” and it means an area or a place or a location designated as such by the local authority, on the recommendations of the Town Vending Committee, for the specific use by street vendors for street vending and includes footpath, side walk, pavement, embankment, portions of a street, waiting area for public or any such place considered suitable for vending activities and providing services to the general public.
    Section 3(1) provides that the Town Vending Committee shall, within such period and in such manner as may be specified in the scheme, conduct a survey of all existing street vendors, within the area under its jurisdiction, and subsequent survey shall be carried out at least once in every five years. Section 3(2) mandates that the Town Vending Committee shall ensure that all existing street vendors, identified in the survey, are accommodated in the vending zones subject to a norm conforming to two and half per cent of the population of the ward or zone or town or city, as the case may be, in accordance with the plan for street vending and the holding capacity of the vending zones. It is provided in Section 3(3) that no street vendor shall be evicted or, as the case may be, relocated till the survey specified under sub-section (1) has been completed and the certificate of vending is issued to all street vendors. Section 4 (1) provides that every street vendor, identified under the survey carried out under sub-section (1) of section 3, who has completed the age of fourteen years or such age as may be prescribed by the appropriate Government, shall be issued a certificate of vending by the Town Vending Committee, subject to such terms and conditions and within the period specified in the scheme including the restrictions specified in the plan for street vending:
The new law recognized certain important rights of street vendors. According to section 12(1), every street vendor shall have the right to carry on the business of street vending activities in accordance with the terms and conditions mentioned in the certificate of vending. Section 13provides further that every street vendor, who possesses a certificate of vending, shall, in case of his relocation under section 18, be entitled for new site or area, as the case may be, for carrying out his vending activities as may be determined by the local authority,  in consultation with the Town Vending Committee.
i.    No street vendor shall carry out any vending activities in no-vending zone.
ii.    Every street vendor shall maintain cleanliness and public hygiene in the vending zones and the adjoining areas.
iii.     Every street vendor shall maintain civic amenities and public property in the vending zone in good condition and not damage or destroy or cause any damage or destruction to the same.
iv.    Every street vendor shall pay such periodic maintenance charges for the civic amenities and facilities provided in the vending zones as may be determined by the local authority.
v.    Where a street vendor occupies space on a time sharing basis, he shall remove his goods and wares every day at the end of the time-sharing period allowed to him.
Section18 (1) provides that the local authority may, on the recommendations of the Town Vending Committee, declare a zone or part of it to be a no-vending zone for any public purpose and relocate the street vendors vending in that area, in such manner as may be specified in the scheme. Sub-section (2) empowers the local authority that it shall evict such street vendor whose certificate of vending has been cancelled under section 10 or who does not have a certificate of vending and vends without such certificate, in such manner as may be specified in the scheme. However, no street vendor shall be relocated or evicted by the local authority from the place specified in the certificate of vending unless he has been given thirty days’ notice for the same in such manner as may be specified in the scheme. As per sub-section (4) a street vendor shall be relocated or evicted by the local authority physically in such manner as may be specified in the scheme only after he had failed to vacate the place specified in the certificate of vending, after the expiry of the period specified in the notice.Therefore, it can be seen that vendors who manage to obtain a vending certificate and are operating from a location but are being relocated under the Act can assert a temporary right which is vested in them through the certificate to vend from any site whatsoever. Therefore, this right to relocation is very important and adds some strength to the concept of property rights of street vendors.  
 Section 21(1) requires every local authority shall, in consultation with the planning authority and on the recommendations of the Town Vending Committee, once in every five years, prepare a plan to promote the vocation of street vendors. Sub-section (2) mandates that the “Town Vending Committee shall ensure that all existing street vendors, identified in the survey, are accommodated in the vending zones subject to a norm conforming to two and half per cent of the population of the ward or zone or town or city, as the case may be, in accordance with the plan for street vending and the holding capacity of the vending zones.” This creates a minimum base for the number of street vendors that need to be accommodated in the area. This may form an important tool for the vendors or civil society organisations to assert street vendors’ right to vend.  
Despite the fact that these vendors act as an important catalyst in the economy, there has been either a lack of or no planning in this regard. The present researcher is informed by municipal staffs that constitution of Town Vending Committee is in the pipeline and vending zones will be demarcated in near future. Even if the Municipal administration claims to have formulated certain planning processes, it has failed to effectively implement the same.The unfortunate part of the above efforts is that the problem is being looked at in a piece meal manner. A broad and holistic approach is needed to find a long lasting solution of the problem. For example, while formulating urban plans it is necessary to take into account the right of hawkers to public space. In other words, all urban plans demarcate public spaces for specific purposes such as parks and gardens, educational institutions, hospitals etc. Hawking also needs to be included in this. Plans must take into account the idea of natural markets in urban areas. These natural markets are usually the most convenient spots for consumers. These markets need to be developed and regulated.If designed properly, street vending has the potential to add to the effeciency of a city. Vendors should be placed where they can find business easily, and this must be achieved without impeding pedestrians, moving traffic and any other city activity.Street vending must become a planned activity written into the urban planning and operational statutes. The Imphal Municipal Corporation need to provide space for street vendors by charging a fee for garbage collection and sweeping, besides collecting license fees which could amount to several hundred thousands of rupees annually. This would provide additional revenue for cash strapped municipality. It is high time that the new legislation must be enforced without any delay in the state of Manipur.
[This Paper was presented in the National Seminar on Issues and Challenges of Local self government in Manipur orgd. By Centre for Manipur Studies, Manipur University from Dec 14- Dec 15, 2018)]

Protective Thinking:

By - Mr. Pakinrichapbo (Advocate)
Samziuram Village,
Peren, Nagaland

What I learned from arbitrary detention of Journalist Mr. Kishorchandra Wangkhem.
The arbitrary detention of journalist Kishorchandra Wangkhem, post his social media rant on facebook by the Manipur Government has so many angles entwined where citizens from mainland India need to ponder and study what really provoked him to protest in a manner he did. What Mr. Kishorchandra did may be wrong morally in terms of using abusive words, showing sign language but his detention after being released on bail by District Magistrate Imphal West under National Security Act 1980, had received nationwide condemnation from Indian Journalist Union, Press Council of India, Human Rights Law Network New Delhi, National Television News Channel like Mirror Now, Social Activist etc for official abuse of power by the Manipur Government. Quoting from HRLN New Delhi press release titled HRLN condemns published in Sangai Express dated 26.12.18.  Dr. Colin Gonsalves Founder of HRLN and Supreme Court Senior Advocate stated that “F” word used in swearing is a part of the freedom of speech and expression. He further explained that it is lawfully used and is justifiably used as well and that the attempt of the State Government to arrest such a person is totally wrong. Dr. Colin further reasoned that not only should Kishorchandra be able to get bail but the prosecution should be quashed as well. The use of swear words is totally permissible under the Constitution of India.
To really understand what freedom of speech and expression in a democratic country is, Indian state officials, heads of state must watch and learn from American TV shows such as The Daily Show with Trevor Noah, Jimmy Kimmel Live, SNL, late Night with Seth Myers etc. where cast members of the shows routinely mock, insult its President Donald J Trump for his government policies, twitter rant, happenings in his personal lives, his appearance, behaviour and so on. And also implement programs to improve India current ranking of 138 positions in World Press Freedom Index run by Reporters without Borders- lower than Zimbabwe, Afghanistan and Myanmar, can you imagine the unchecked hypocrisy of world largest democracy.
Historical Angle
Kishorechandra in his video countering Manipur Government decision to organize birth anniversary celebration of Rani Lakshmibai of Jhanshi bluntly pointed that Indian Freedom Fighter Rani of Jhansi has nothing to do with Manipur History or its upliftment accused the Manipur CM of sidelining freedom fighters from Manipur who fought against the British colonial power. No Indians can devalue the contributions of Rani Lakshmibai towards Indian Freedom struggle but citizens from mainland ought to know that social political settings are different in the northeast region especially states like Manipur and Nagaland with long history of political unrest where major ethnic groups still harbours theories of ethnic nationalism in addition to lack of emphasis of Northeast region history including the people with diverse culture, languages and traditions, also its importance cut out from mainstream Indian education system worsened by racial discriminations faced by north-eastern tribal’s in mainland India, the reason why rest of India knew little of Northeast region and its people except for certain journalist from mainland who reports on Northeast regions.  Had Central Government taken a different approach in dealing with the people of northeast especially Manipur, I believe all the citizens of Manipur would have willing celebrated birth anniversary of any freedom fighters from other part of India but how did the representatives of Government of India such as the para military forces deal with the people?
It unleashed terror not sparing civilians from militants, its state government since its merger with union of India running the day to day affairs like a police state, under such ground reality, New Delhi cannot expect the theory of unity in diversity to work in Manipur. Had the birth anniversary of Rani Lakshmibai organized in other North-Eastern States like Nagaland or Mizoram, reaction of the people from these two states would send out clear message on whether they are in same boat with Kishorchandra in matter of preserving its region distinct history.
Taking the instances of Mizo students’ bodies groups which strongly opposed the Central Government plan to honour Khuangchera as an Indian Freedom Fighter, a tribal Mizo freedom fighter who was killed in 1890 resisting the British Expansion into Lushai country citing that though he fought against the British he was not defending India as the idea of Unified India didn’t exist then. In my view, such historical facts should not be manipulated to integrate the tribal’s from Northeast region with the mainstream which patriotic Indians love to do creating more resentment than integration.
Few years ago in a State Level Advocates Conference held in Dimapur Nagaland which I attended, a Supreme Court Advocate in his lecture cunningly mention that people in whole northeast region was practicing Hinduism before the arrival of Christian Missionaries in tribal areas. A learned individual lied in public forum without any iota of shame showing his Hindu chauvinism. The fact is that Hindu Brahmin never ventured into inaccessible hills inhabited by different tribal groups who were following their forefather’s faith totally different from the Sanatana Dharma and Vaidika Dharma the basis of Hindu religion. Also read introduction part by Shri. Ranjit Mooshahari and former Governor of Meghalaya on Understanding North East India, Cultural Diversities, Insurgency and Identities edited by Madhu Rajput. Therefore my analysis of Mr. Kishorchandra citing historical angle to protest is that such protest will occurs again if citizens feel their state distinct history is taken for granted and not given equal respect.
Hindutva Angle
In today’s India, who had not voice out against the ideologies and policies of right wing Hindu extremists? Take the example of journalist Late Gauri Lankesh, who was gunned down for voicing out against Hindu fundamentalist groups, writer activist Arundhati Roy who is among the first critics of Prime Minister Narendra Modi, BJP and the RSS. If a citizen loses their right to criticise head of a country without any fear of arrest, can we still consider it a rule of democratically elected government or a tyrant monarch who does not tolerate any form of dissent.  
Puppet Angle
Maybe calling the Chief Minister a puppet of Prime Minister has really hurt the ego of the Chief Minister and so he wanted to show who the head in the state is. Whatever be the circumstances, every adult with minimal understanding of functioning of national political party, centre-state relations knows that head of any state do act on the direction of head of political party in certain issues.
Sedition and Secessionist Angle
The detention of Kishorchandra has once again open up anti-national debate in the country  this time in Manipur after the JNU campus fiasco in 2016 where its student leaders namely Kanaihya Kumar, Umar Khalid, Ram Naga, Anant Prakash Narayan and Anirban Bhattacharya were arrested on sedition charges on account of being anti-national raising antinational slogans. Their arrest was followed by widespread protests. What relate Kishorchandra with JNU student’s leaders was that they all spoke out against Modi BJP Government and automatically became anti-national in the eye of the government. But the Manipur Government went too extreme by invoking provisions of Sec. 13 of NSA Act even after the Magistrate released the journalist on bail stating that his statements did not seem to disturb the peace thereby his action not worthy of jail time under the provisions of the Indian Penal Code.
I felt fortunate to had access to edited version of the video under the caption, Why NSA? Where it justified the legal action of the Manipur Government as the journalist words ‘present freedom strugglers of Manipur’ is full of secessionist idea and against the unity, integrity and nationalism of India. My argument is that for how long the GOI and respective state government would continue to harass civilians by quickly tagging anti nationalists status on anyone who voice opinion against the government yet do little or nothing on existing militants organizations which function as parallel governments and why ethnic nationalism exist in the first place in northeast regions? Government policies to harass arrest civilians when it could not settle with the main actors shows that even after 70 years of India independence, GOI have not learn their lesson well. Colonial approach in place of soft power approach towards complex northeast region with presence of multiple ethnic nationalist militant organizations would not improve the situations.
Lastly, irrespective of the outcome of Higher Court ruling, twelve month detention without proper trial has made Kishorchandra a true fearless crusader of the idea of free speech of our time who has now support from nook and corner of India. And the people need to stand with him now to defend democracy in Manipur.

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