Four cab drivers operating through mobile-based cab aggregator platforms have approached the Bombay High Court challenging the Maharashtra government’s decision to make working knowledge of Marathi compulsory for auto-rickshaw, taxi and app-based cab drivers.
The petition, filed through advocate Vivek Shukla, is likely to be mentioned before the Chief Justice on August 26 seeking urgent relief. The requirement was introduced through a government notification dated August 12.
The petitioners contend that the rule violates their fundamental rights under Articles 14, 19 and 21 of the Constitution and is beyond the powers conferred on the State under the Motor Vehicles Act, 1988, which does not prescribe any language requirement for obtaining or retaining a driving licence.
The plea argues that the parent legislation does not empower the State government to prescribe knowledge of a particular language as a qualification for drivers, a condition for obtaining a badge or permit, or a ground for suspension or cancellation.
According to the petitioners, the notification effectively creates a new disqualification and grounds for suspension or cancellation that were never prescribed by Parliament.
The petitioners have also warned that implementation of the rule could adversely affect lakhs of migrant and economically vulnerable drivers by exposing them to suspension of badges and cancellation of permits, thereby threatening their livelihoods.
The plea seeks an immediate stay on the notification, stating that it could affect nearly 9.65 lakh auto-rickshaw and taxi drivers across Maharashtra.
The petition cites statements by the State Transport Minister that around 9.65 lakh rickshaw and taxi permit and badges have been issued in the State. It further claims that approximately 1.65 lakh non-Marathi-speaking drivers participated in a 105-day Marathi language campaign conducted through the Konkan Marathi Sahitya Parishad and Mumbai Marathi Sahitya Sangh.
The petitioners contend that a large number of drivers remain vulnerable to notices, suspension of badges and cancellation of permits if the notification is implemented.
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