Mumbai Auto And Cab Drivers Move Bombay HC Against Marathi Language Rule Say Livelihoods Of Lakhs At Risk

(MENAFN- Live Mint) Four app-based cab drivers have approached the Bombay High Cour challenging the Maharashtra government's decision to make working knowledge of Marathi compulsory for auto-rickshaw, taxi and app-based cab drivers, arguing that the rule could put the livelihoods of lakhs of drivers at risk, Bar and Bench reported.

The petition, filed through advocate Vivek Shukla, is expected to be mentioned before the Chief Justice on August 26, with the drivers seeking urgent directions and an immediate stay on the government notification issued on August 12.

Maharashtra Marathi language rule challenged in Bombay High Court

The petitioners have questioned the legal basis of the state government's decision, arguing that the new language requirement goes beyond the powers granted to the state under the Motor Vehicles Act, 198.

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According to the plea, the legislation does not prescribe proficiency or working knowledge of a particular language as a condition for obtaining a driving licence, securing a driver's badge or holding a permit.

The drivers have also argued that introducing such a requirement violates their fundamental rights under Articles 14, 19 and 21 of the Constitution. These provisions protect equality before the law, the freedom to practise a profession or carry on a trade, and the right to life and personal liberty.

As per the plea, as quoted by Bar and Bench, "The parent Act (Motor Vehicles Act) confers no power upon the State Government to prescribe working knowledge of any language as a 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. The impugned notification manufactures a new disqualification and a new ground of suspension and revocation which the parliament never enacted."

Marathi rule could affect 9.65 lakh drivers across Maharashtra

The petition has highlighted the scale of the government's decision, claiming that nearly 9.65 lakh auto-rickshaw and taxi permits and badges have been issued across Maharashtr a.

The drivers have warned that implementation of the notification could expose a large number of people, particularly poor and migrant workers, to notices, suspension of badges and cancellation of permits.

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According to Bar and Bench, the plea said, "The scale of the notification is enormous. 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," the plea claims.

The petitioners have sought interim protection from the court, saying that enforcement of the language requirement could cause widespread economic hardship.

Drivers seek stay on Maharashtra government notification

The cab drivers have asked the Bombay High Court to stay the August 12 notification while the legal challenge is considered.

Their petition contends that the state cannot create a new disqualification for drivers or introduce suspension and permit cancellation provisions on grounds that are not contained in the parent legislation.

Also Read | Maharashtra minister defends rule mandating Marathi language for cab drivers

The case is expected to be taken up for urgent directions before the Chief Justice on August 26. The challenge comes as Maharashtra's language requirement for commercial and app-based drivers faces scrutiny over its constitutional validity and its potential impact on thousands of workers who depend on driving for their income.

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