1. History of Sewa Nagar Pilot Project Attempt to Create a Model Hawking Zone for Street Vendors MANUSHI SANGATHAN E-mail: mail@manushi-india.org, Website: www.manushi-india.org

2. Policies Galore but No Implementation Central Government adopts a New National Policy for Street Vendors 20th January 2004 National Task Force for Street Vendors was set up by the Ministry of Urban Development and Poverty Alleviation in 2002. Member of this Task Force included Sewa, Manushi, Hawkers Sangram Samiti of Kolkatta and Bombay Hawkers Union etc. This resulted in a National Policy for Street Vendors which was approved by the cabinet in January 2004.

4. Seeking Legal Sanction for Model Market Project A major breakthrough in getting sanction for the pilot project occured after the MCD got a pro citizen Commissioner, Mr. Rakesh Mehta, who strongly backed this project. The MCD Commissioner approached the Supreme Court to allow the M.C.D. to undertake two pilot projects, one at Sewa Nagar and the second near CGO complex. The petition filed by the MCD in the Supreme Court argued forcefully that the existing tehbazari system had facilitated massive extortion rackets and widespread human rights abuses. It admitted that the restrictive licensing policy had proved a dismal failure in controlling the number of vendors in the city which keep increasing with the overall rise in population of Delhi. Therefore, there was need to evolve a more realistic system of licensing. The petition also informed the Court that if the pilot projects proved successful, they would provide a model for creating hawking zones all over Delhi

5. Supreme Court Sanctions SEWA Nagar Model Market for Street Vendors on April 10, 2003 Extract from the Order issued in April 2003 by the Supreme Court giving the go-ahead for two Pilot Projects – in Sewa Nagar and opposite CGO Complex …” The implementation of any policy or project, howsoever well-motivated it may be, depends on the bona fides and whole-hearted faithful implementation by the agencies involved in the execution. We only hope and trust that such projects and policies shall not be shadowed by corruption and red-tapism which, unfortunately, has become the order of the day…”

6. An Agreement was signed and registered between MCD and Manushi for the Sewa Nagar and CGO Complex Pilot Projects on April 7, 2004. Mrs. Ambika Soni supported the Sewa Nagar project with Rs 25 lakhs from her MPLAD fund to build the required civic infrastructure in Sewa Nagar. Legal Agreement between MCD and Manushi for Executing Pilot Projects Sewa Nagar project started in October 2004 amidst violence and repeated assaults from the police and local extortionist mafia. Copy of the agreement signed with the MCD

8. The State of Sewa Nagar Market before Manushi Took Charge Vendors occupied and wasted huge amounts of space in all the lanes and roads surrounding Sewa Nagar residential blocks. As this scene shows, the vendors are right on the road leaving nearly 12 feet space behind their stalls.

9. …… Before Manushi Took Charge Vendors who were able to pay bigger bribes, were allowed to occupy huge spaces bang on the road- often measuring 20 ft. by 12-15 ft. thus causing road congestion.

10. The Squalor and Garbage Heaps before the Project Took off in Sewa Nagar Manushi members personally cleaning and removing the garbage piles behind the pilot project area which is a source of stench and mosquitoes for both residents and vendors. We were physically prevented from maintaining cleanliness in the area by M.C.D. employees and those manning the railway crossing on the ground that citizens had no right to clean municipal or railway land! ( For an account of one such confrontation click here) We persisted and succeeded in organising our own Cleaning Brigade and keeping municipal sweepers out who also collected Rs. 60 per month per vendor by way of bribe without doing much cleaning.

11. First Steps Towards Civic Discipline On December 19, 2001 we drew up a Sanyam Rekha Respect for Sanyam Rekha an essential precondition for membership of Manushi Sangathan. Heavy penalties for violation of the Sanyam Rekha. Membership of habitual violators is suspended till they make amends and sign a new pact.

12. Manushi Cleaning Brigade The salaries of Manushi Safai Brigade come from contributions by vendors with each vendor paying Rs. 50 per month depending on the amount of garbage they generate.

13. Maintaining Cleanliness as a Sacred Duty Jhadu pooja (broom worship) is a standard ritual in all Manushi Sangathan meetings to inculcate a sense of respect for cleanliness, so lacking in India's civic life. This picture of the first jhadu pooja performed on December 19, 2001 appeared on the cover of issue no. 127 of Manushi magazine . The Broom Deity slowly acquired the form of a full fledged Goddess – Manushi Swacchnarayani

14. Group of Muslim fish vendors with Jhadu in hand taking an oath in the year 2003 that they will pay special attention to cleanliness since fish stalls tend to generate unbearable filth and stink. Former Commissioner MCD, Mr Rakesh Mehta and Dr. Renuka Vishwanathan, Secretary Govt of India, (extreme right) performing Jhadu Pooja along with Muslim and Hindu vendors on the day “Agreement” for the pilot project was signed in 2004.

16. New Stalls at Sewa Nagar Balancing aesthetics and functionality Readymade garment sellers are now limited to 6ft x 6 ft space with 5 ft wide pavement. Vendors are not allowed to encroach on pavements.

17. The Wheels Underneath Stalls Many of the stalls are on wheels to convey the sense that the land does not belong to the vendor

18. After making 6 feet by 6 feet stalls, there is a 5 feet. wide pavement for pedestrians Park fronts cleared of encroachments and made available as beautiful public spaces Road space wider by 10 feet than before so vehicular traffic can move without needless obstructions. Legitimate needs of all road users kept in mind

19. Then … Vendors occupied and wasted huge amounts of space in all the lanes and roads surrounding Sewa Nagar residential blocks. As this scene shows, the vendors are right on the road leaving nearly 12 feet space behind their stalls. New fruit stalls designed by Manushi. Each vendor paid for his/her own stall. and Now…

20. State of Park Fronts before Manushi Took Charge The clutter, squalor and encroachments outside a Sewa Nagar park. A tempo stand and two roomed office of tempo owners who used to put a board outside their office of whichever party came to power in front of the west side park in the project area.

21. Manushi Developed Park Plazas Two encroached park fronts were cleared by Manushi without the use of police force to create spaces for rest and recreation.

22. A view of Swachhnarayani Mandir built with contributions from vendors to reinforce the message that maintaining cleanliness and civic discipline are SACRED DUTIES of all citizens. Swachhnarayani Mandir in the west side park plaza For an account of the “Emergency Avatar of Manushi Swachhnarayani.”

23. A Toilet Block clad in granite built with contributions of vendors. Toilet Block in Sewa Nagar

26. State of MCD Maintained Parks in Sewa Nagar till date

28. The Extortionist Mafia on the Warpath From the day the pilot project was sanctioned, local politicians who are part of the bribe collecting mafia unleashed a reign of terror. They beat up our members, destroyed the project property repeatedly, threatened us with dire consequences. In addition to goonda tactics, they petitioned the High Court in January 2005 for a stay order against the pilot project. The High Court did not grant a stay order , but the mafia kept filing additional complaints on bogus grounds to drag on the case. The case is pending adjudication. Even while the case was going on, their terror tactics did not stop. Their main grouse: Manushi did agree to allot a number of stalls to them. In this Operation Sabotage, they received full support from local politicians

29. The Battle gets Life Threatening The Mafia Takes Over Stalls through Violence and Fraud As the Sewa Nagar market neared completion, the mafia found yet another way of taking over the stalls. Some of them act as moneylenders and operate devious and illegal chit-funds who give loans to local vendors at an extortionist rate of interest--120 % per annum. They forced several indebted vendors to illegally transfer their stalls to them. Ajay Basoya and Bhagat Singh, two of the gang leaders One of the sealed stalls In January 2007 Manushi and MCD sealed stalls taken over illegally by the mafia.The mafia responded with violent attacks and beat up several project members and drove them out of the market. Manushi staff were also beaten up, robbed and prevented from working in the area. Since these criminal elements belong to a powerful community of the neighbouring village, Kotla Mubarkpur, vendors are terrified of standing up to them.

31. The Basoya Tempo Stand: A Hub of Criminals Extract from the Minutes of a meeting held June 6, 2007 under the chairmanship of Deputy Commissioner (Central Zone) “ It was decided that since the Tempo Stand has become the hub for anti social elements out to forcibly takeover the project property and stalls, determined action should be taken to get the unauthorized Tempo parking and the illegally constructed office of the Basoya Tempo Stand removed from the project area. After getting it removed with police protection, the local police should be informed that the Basoya Tempo Stand should not be allowed to reoccupy space in the Sewa Nagar area.” Ajay and Babli Basoya in front of their tempo stand The criminal mafia out to grab Sewa Nagar project properties is led by Bhagat Singh and Basoya brothers. Both belong to the dominant Gujjar community of the neighbouring Kotla Mubarakpur village. Bhagat Singh is a Class III employee of L.N.J.P. hospital in Delhi and a resident of Sewa Nagar. He claims to be a trade unionist and boasts that he can skip duty at his job as and when he pleases because of his political clout. Basoya brothers run several illegal businesses from their Tempo Stand.

32. Regular addabazi including daily booze sessions in the park plaza where they have also constructed an illegal office next to Hanuman idol. Even though the Park Plazas are MCD property, Bhagat Singh installed a fake billboard using the logo and name of the Govt. of India in order to make a show of protection from the high and mighty.

33. Women of Basoya household along with a mob of men attempting to lynch Madhu Kishwar

34. In March 2009, the Basoya gang inflicted serious injuries on another local vendors--Sanju. They smashed his face with bricks, and beat him up with a bat. There was a two-inch gash on his head. He fell unconscious and lay bleeding on the road for a long before he was taken to hospital. They also robbed him of his gold chain and his mobile phone. But the SHO would not register a case till we intervened through the DCP. When Sanju refused to yield to SHO’s pressure and threats to with draw his case, the SHO coerced him into signing a “compromise” with the Basoya gang by filing patently bogus counter cases of criminal assault and “attempt to murder” against Sanju, his old father, Sanju’s handicapped uncle and Sanju’s cousin at the behest of Basoya Brothers. Another Instance of Police Complicity

35. Head injuries inflicted on Murari in Sewa Nagar August 1, 2009

38. Modus Operandi for Grabbing Stalls In the month of April 2003, the money-lending mafia led by Basoyas persuaded Yogesh Kumar into taking a loan of Rs 35,000 at an interest rate of Rs 10 percent per month to buy goods for his stall. Yogesh has aldready paid over 3,63,000 Rs. by way of interest to the Bhagat-Basoya gang. They are claiming 1,20,000 more by way of interest and have not only confiscated his scooter but also forced Yogesh to give them several signed blank cheques. Yogesh fled from Sewa Nagar out of fear because Bhagat-Basoya gang began to threaten him to either pay up the entire amount in one go or transfer his stall to their name. Yogesh has been able to save his stall by fleeing the market but it meant remaining without work for several months. Others more vunerable, have had to surrender their stalls in this manner. Yogesh and his mother Saroj Devi who finally took courage and filed a case against the Bhagat-Basoya gang.

39. The Basoyas have taken over the corner stall of yet another vendor who owes them more than 5 lakh Rs on an initial loan of about 1 lakh Rs. They have rented this stall and the pavement in front to two fruit vendors from outside. They charge Rs 4500 per month from these two vendors. They have also allowed other pavements to be similarly occupied in the project area. Under Manushi discipline pavements were never occupied by vendors. Mafia Sabotages the Project by Breaking Down Civic Discipline in Sewa Nagar

40. Breakdown of civic discipline after Manushi pushed out. Drains are choked and pavements are littered.

41. The clothes of Basoya Tempo drivers and cleaners hanging in the park plaza Breakdown of civic discipline with new vendors brought in by Basoyas

42. The Toilet Block built with contributions from project members was also illegally taken over by the Bhagat-Basoya gang. We had to get the Toilet Block sealed by the MCD to prevent further misuse of this property. Board put up on the Toilet Block wall by Bhagat Singh and Basoya proclaiming “ Pracheen Hanuman Mandir ” An idol of Lord Hanuman recently positioned near the toilet block next to their illegally constructed office – in an attempt to grab the entire park plaza including the toilet block Devious Designs over Project Assets

43. Vendors from outside brought in by Basoyas to put up shop in the park plaza and on the roads and pavements with Basoyas charging Rs 100 per day from each vendor.

44. Attempts to Take Over Temple of Swachhnarayani The criminal mafia has also hatched a plan to take over the Swachhnarayani temple built with contributions of vendors as well as donations from Manushi friends. To achieve this end they are doing their best to foment communal and caste conflict. Strangely enough, those trying to instigate Muslims are Hindu trouble makers. Above: Bhagat-Basoya gang creating a ruckus in front of Swachhnarayani Mandir. Defaced walls of the Temple The Goddess of Good Governance and Protector of Citizens’ Rights

45. The first Jhadu Pooja and oath ceremony on December 19, 2001 The mafia are trying their best to bring in outside trouble makers to attack the temple and give press interviews and testimonies against Manushi since our project members, including Muslims are unwilling to denigrate Jhadu Pooja . They instigate the Muslims saying, “ Jhadu pooja is against your mazhab. You should protest against it..” They have falsely alleged that Manushi seals the stalls of Muslims who do not perform Jhadu pooja due to their religious reservations. Despite fear of the mafia’s violence, Muslim vendors have challenged this falsehood through written complaints to the police . They instigate the Hindus by playing on casteist sentiments saying: “ Only the untouchables take jhadu in their hand. Manushi is ruining your caste and making you all into jamadars (sweepers) by insisting that you worship the Jhadu . This is an attack on Hindu dharma ” Muslim vendors serving Bhandara during Navratras (2006)

46. In May 2007 Manushi filed a Criminal Writ in the High Court seeking protection for our lives and for the assets of the project. However, violent attacks against project members continued unabated. After each case of violent attack on Manushi staff or project members the Bhagat-Basoya gang filed bogus complaints of criminal assault by Manushi members. The mafia has implicated several vendors including Mehboob, Rajkumar, Ishwar and Shahid who are active organizers of Manushi as well as Madhu Kishwar in a number of false cases. Undeterred the mafia leaders filed a complaint in the Magistrate’s Court at Patiala House that the SHO Kotla police station is not registering cases against Manushi and he should be directed to register FIRs which would have invited prompt arrest. The mafia’s slander campaign and complaints against Manushi rest on the absurd charge that the MCD never gave responsibility to Manushi for this project and we have misused funds and exploited vendors to build a personal estate. Criminals Put us in the Dock

47. One of the Many Attacks on 31. 12. 2007 Manushi staff member Sheeshpal and Madhu Kishwar were beaten black and blue on 31 st December around 12 30 pm, all because we had gone to take photographs of the area. Several members of the Basoya gang beat up Shishpal with dandas, and nearly strangled him to death. Madhu was kicked and punched by three of them. They were trying to shove us in our car and set it on fire when the police came and managed to rescue us. However, as with other attacks, the Basoya’s have filed a bogus counter case alleging that Shishpal had run over a 65 year old woman of their family, and that Mehboob and Ishwar had snatched their mother’s chain. Madhu with a torn ligament and bruises like this all over her body.

48. The police authorities ignore complaint and remain silent over the whole issue A social worker allegedly rammed her car into a 65-year-old woman on December 31, and later the goons threaten the family. The police authorities instead of registering a complaint sit silent over the whole issue. The driver of Madhu Purnima Kishwar, head of Manushi, an NGO in Civil Lines, rammed his car into one Sona Devi, a resident of Kotla Mubarakpur at Sewa Nagar Chowk in South Delhi. When the relatives of the victim complained about it, they were beaten up. Thrashed "A silver coloured Esteem hit my aunt while she was returning from the Sewa Nagar Chowk. We heard Madhu Kishwar ordering her driver to kill my aunt. My aunt got critically injured. When our children, Cookie and Babli, tried to stop them, Kishwar who was along with few other men came out of the car and thrashed them. Soon after many people from the market surrounded the car and took all of them to the Kotla Mubarakpur police station," alleged Ajay Basoya, a relative of the victim. According the relatives of the victim, Kishwar and the SHO of the police station had a brief chat and the police instead of registering a complaint against Kishwar took a complaint from her and then acted according to that. "We were not at all entertained at the police station. The SHO soon ordered us to leave the police station and later commanded the constables to carry out lathi charge if we do not leave the station," said Basoya. When the relatives of the victim insisted, the police detained all men from the family. A lady ath their house said, "We have been threatened both by the police and Kishwar's henchmen." An FIR has also been registered in the issue. …. Criminals put us in the Dock…Report in Mid-Day January 4, 2008 “ Social worker’s car rams woman” Author: Praveen Kumar Date: 03 Jan 2008

49. Intervention by the LG and Prime Minister The LG had clearly instructed a few months ago that CCTV cameras should be positioned in Sewa Nagar to keep the local anti-social elements under check. Unfortunately, the cameras have not been installed so far. Therefore, we have had more incidents of violence, attacks, robbery and coercion at Sewa Nagar. In a letter dated December 18 th , 2007 the LG’s office has issued written instructions to the Police Commissioner that CCTV cameras should be installed at the earliest possible. To quote from this letter: “ The LG is of the view that installing CCTV cameras in the areas pointed by Madhu Kishwar cannot brook any delay. This facility will help in giving a boost to setting up the projects contemplated to locate vendors meaningfully not only in Sewa Nagar but in other areas of Delhi. On this issue specific directions have been received from PMO. …The LG is of the view that the criminal activities of the Bhagat-Basoya group must be curbed with a firm hand so as to ensure that their activities are not an obstacle to the functioning of the Pilot Project for setting up Street vendors in Sewa Nagar.”

51. The Sewa Nagar model hawker market was envisaged as an experiment to evolve a practical mechanism for implementing the National Policy for Street Vendors with integrity. Manushi tried providing a model of how our cities can be rejuvenated and beautified without forcibly throwing out the poor, and security of livelihood provided for self-employed poor while enhancing municipal revenues. It has gained national and international recognition with the UN Commission for the Legal Empowerment of the Poor propagating it as an international role model for economic and legal empowerment of the urban poor. Larger Significance of Sewa Nagar Project. Today, the very existence of Sewa Nagar as a model market is in jeopardy. This will have far reaching implications on the implementation of the National Policy for Street Vendors. Cover photo of a documentary film made on Sewa Nagar as an international role model by UNDP’s Commission for the Legal Empowerment of the Poor