The Supreme Court on Wednesday ordered immediate phasing out of hand-driven rickshaws in Maharashtra’s hill town of Matheran within six months, observing that continuation of such an inhuman practice in a developing country like India violates human dignity and betrays the constitutional guarantee of social and economic justice to all citizens.
Dealing with an issue concerning plying of e-rickshaws in Matheran, one of the few towns in the country where vehicular traffic is prohibited, the top court was informed that to service the transportation needs of about 8 lakh tourists visiting the hill station annually and over 4,000 residents living in the town, hand-driven rickshaws are still in vogue.
The bench headed by Chief Justice of India (CJI) Bhushan R Gavai said, “Continuing such practice even after 78 years of independence and after 75 years of the Constitution being enacted promising social and economic justice to its citizens, would be betraying the promise given by the people of India to themselves.”
Granting six months for the state to phase out hand-rickshaw pullers and in the meantime, framing a scheme for their rehabilitation, the court further held, “We direct the state to forthwith stop plying of hand-held rickshaws in a phased manner and in any case within six months.”
The court noted that persons pulling hand-held rickshaws are victims of circumstances who have no alternate source of livelihood and such practices were held to be against the goal of social justice by the top court in a 1980 decision in Azad Rickshaw Pullers union v State of Punjab.
{{/usCountry}}The court noted that persons pulling hand-held rickshaws are victims of circumstances who have no alternate source of livelihood and such practices were held to be against the goal of social justice by the top court in a 1980 decision in Azad Rickshaw Pullers union v State of Punjab.
{{/usCountry}}“It is really unfortunate that after 45 years of the decision of this court, the inhuman practice of a human being pulling another human being is still prevalent in the town of Matheran…Permitting such an inhuman practice which is against the basic concept of human dignity in a country like India, which is a developing country, belittles the constitutional promise of social and economic justice,” the bench held.
The court was conscious that ending this practice will entail depriving them of their source of livelihood. The court noted that with advancement of technology, e-rickshaws are now available which are eco-friendly and operate on batteries.
The court directed the Maharashtra government that while evolving a scheme for rehabilitating the hand-held drivers, the state must consider a novel scheme launched by Gujarat government in Kevadia, where e-rickshaw licenses on hire has been provided to local Adivasi women who ferry tourists visiting the town to witness the Statue of Unity - a massive 600-feet statue of Sardar Vallabbhai Patel, and the Sardar Sarovar dam.
The court asked the state to consider giving priority to hand-held rickshaw pullers in getting the licenses for e-rickshaws and also consider tribal women among other needy persons in and around Matheran.
The court was assisted in passing the order by senior advocate K Parmeshwar assisting the court as amicus curiae who insisted that only 20 e-rickshaws should be permitted for now. The court further permitted laying of paver blocks on the main city road from Kasturi Naka to Shivaji Statue (4-km long stretch) without any concrete bedding to ensure the roads are motorable by rickshaws, horse carts even during monsoons.
The hand-held rickshaw pullers and horse-cart pullers were represented by senior advocate Shyam Divan and advocate Nina Nariman, assisted by the legal team of law firm Karanjawala & Co, who took the court through the adverse effects of concreting the roads. However, the court permitted no paver blocks on the internal town roads and the trekking route.
The court allowed the state to consider sponsoring the e-rickshaw scheme through corporate social responsibility (CSR) initiative or any other scheme but clarified that non-availability of funds will not be treated as an excuse for not implementing the scheme.
Matheran located in the Western Ghats was declared an eco-sensitive zone by the Centre in 2003 and is home to several species of flora and fauna including the bonnet macaque, Hanuman langur, Malabar giant squirrel, and barking deer among others.