Maharashtra: Cab Drivers Move Bombay HC Against Mandatory Marathi Requirement
The petition is expected to be mentioned before a bench headed by Acting Chief Justice Ravindra Ghuge on Wednesday: Report
MUMBAI: Four app-based cab drivers have moved the Bombay High Court challenging the Maharashtra government’s decision to make working knowledge of Marathi mandatory for auto-rickshaw, taxi and app-based cab drivers. The petitioners contend that the requirement violates their fundamental rights under Articles 14, 19 and 21 of the Constitution and is beyond the Motor Vehicles Act, 1988, which does not prescribe any language requirement for driving licences.
The Public Interest Litigation (PIL) seeks to quash the August 12 notification issued by the Home (Transport) Department, which amended the Maharashtra Motor Vehicles Rules, 1989, to make a “working knowledge of Marathi language” mandatory for autorickshaw, taxi and app-based cab drivers.
The petition is expected to be mentioned before a bench headed by Acting Chief Justice Ravindra Ghuge on Wednesday.
The petitioners have argued that the State cannot impose a language condition that effectively threatens the licences and livelihoods of citizens who move to Maharashtra from other parts of the country to work. They have alleged that the decision violates constitutional guarantees, including the rights to equality, free movement and residence and settlement anywhere in India. The plea contends that treating migrants who come to Maharashtra for work as “outsiders” is contrary to the constitutional concept of one citizenship.
The August 12 notification empowers the transport authorities to assess whether drivers possess the required working knowledge of Marathi. A driver who fails to satisfy the Regional Transport Officer (RTO) can face suspension of the licence for three months, followed by permanent suspension. The language requirement is also applicable when new permits are issued or existing permits are renewed.
In support of their plea, the petitioners cited a March 2017 Bombay High Court judgment that struck down a similar November 2016 circular requiring Marathi proficiency for autorickshaw permits.
Several petitioners, the plea states, are migrants from Uttar Pradesh who came to Mumbai in search of work and an opportunity to support their families. “Driving is their only profession and their only source of income,” the PIL states, warning that suspension or cancellation of their badges, licences or permits could leave drivers and their families without a livelihood.