Cab drivers move Bombay High Court against Marathi language rule
What's the story
Four app-based cab drivers have approached the Bombay High Court, challenging a Maharashtra government rule making knowledge of Marathi mandatory for auto-rickshaw, taxi, and app-based cab drivers. The petitioners argue that the rule threatens their livelihoods and violates their fundamental rights under Articles 14 (right to equality), 19 (freedom to carry on trade/profession), and 21 (right to life) of the Constitution.
Legal challenge
Petitioners question legal validity of government's decision
The petitioners have questioned the legal validity of the Maharashtra government's decision, claiming it goes beyond the powers granted under the Motor Vehicles Act, 1988.
The plea states, "The parent Act (Motor Vehicles Act) confers no power upon the State Government to prescribe working knowledge of any language as....qualification for a driver, as a condition of a badge, or as a condition of a permit and confers no power to suspend or revoke a badge on such a ground."
Economic impact
Petitioners seek interim protection
Calling the scale of the notification "enormous," they said, "As stated by the Hon'ble Transport Minister himself in the press, about 9,65,000 rickshaw and taxi permits and badges have been issued in the State so far."
"As per the Government's own statements, about 1,65,000 non-Marathi speaking drivers attended the 105-day "Hinduhridaysamrat Balasaheb Thackeray Marathi Language Campaign" conducted through the Konkan Marathi Sahitya Parishad and the Mumbai Marathi Sahitya Sangh. Lakhs of drivers remain exposed to notices, suspension and cancellation."
Urgent relief
Petitioners warn of economic hardship for drivers
The petitioners have sought an immediate stay on the August 12 government notification, which they say could lead to economic hardship for many drivers.
They warn that implementation of this rule could expose lakhs of poor and migrant workers to notices, suspension of badges, and cancellation of permits.
The case will be mentioned for urgent directions before the Chief Justice on August 27.