'Practice Of One Human Pulling Another In A Cart Inhuman': Supreme Court Bans Hand-Pulled Rickshaws In Matheran

Condemning the continuation of the practice of hand-pulled carts/ rickshaws even after 78 years of Independence, the Supreme Court today held that manual rickshaw pulling was inhuman and needs to be abolished. 

The bench of CJI BR Gavai and Justices K Vinod Chandran and NV Anjaria was hearing the issues about a pilot e-rickshaw project in the hill town of Matheran in Maharashtra. 

The Court took a serious view on how, even after 78 years of Independence, the practice of hand-pulled carts continues. The Court noted that this is violative of the right to dignity of the individuals.

The Court said that people are forced to adopt such an inhuman method because of the compulsion to earn livelihood.

The bench observed : 

"Permitting such a practice, which is against the basic concept of human dignity in a country like India, which is a developing country, belittles the constitutional promises of social and economic justice." 

The bench referred to the decision in Azad Rickhaw Pullers Union (Regd.) vs State Of Punjab & Others. Here, the court held that the practice of allowing cycle-pulled rickshaws was inconsistent with the preambular promise of Social Justice. The bench added 

 “It is really unfortunate that 45 years after the observation made by this Court in the case of Azad Rickshaw Pullers Union, the practice of a human being pulling another human being is still prevalent in the town of Matheran." 

The Court expressed that allowing manual rickshaws even in today's time would be a betrayal of the promise of social and economic justice that the people of India promised to themselves. It observed: 

"The question that we ask ourselves is whether this practice is alive to the Constitutional promise of social and economic equality and social and economic justice. The answer will, unfortunately, have to be in the negative." 

"To continue such human practice even after 78 years of independence and after 75 years of the Constitution being enacted and promising social and economic Justice to its citizens, however, would be betraying the promise given by the people of India given to themselves." 

"We therefore find that the practise of permitting hand-pulled rickshaws needs to be stopped forthwith." 

The Court also relied upon the decision in People of India for Democratic Rights v. Union of India, where the Supreme Court gave an expansive interpretation to Article 23. Here the Court was considering the issue of labor rights violations during the construction projects of the 1982 Asian Games. The Court held that non-payment of minimum wages to the labourers amounted to forced labour. 

Turning to the issue of the alternative form of livelihood left for such manual rickshaw pullers, the Bench observed that the answer is e-rickshaw, and that it is the duty of the state to ensure that a scheme on e-rickshaws is rolled out soon. 

The Court also directed the Maharashtra government to rehabilitate the hand-rickshaw pullers in Matheran town and also asked the State of Maharashtra to adopt the e-rickshaw policy in Kevadia, Gujarat. The Court also cautioned that lack of funds cannot be an issue coming in way of the executing the scheme. 

" We clarify that non-availability of funds cannot be an excuse for non-implementation of the aforesaid scheme. We earnestly hope that the state would tender necessary assistance in stopping such an inhumane practice." 

Automobiles are banned in Matheran due to ecological concerns and the only vehicles permitted to enter the town are a fire truck and an ambulance during emergencies.

Notably, in February, the Court granted 2 weeks' time to the State of Maharashtra to furnish a proposal for revisiting the process of allotment of 20 e-rickshaw licenses to original hand-cart pullers in the pedestrian hill-town of Matheran.

The Court also issued the following directions : 

(1) The State Govt permitted to lay down paver blocks from Dasturi Naka (bus station) up to the Shivaji Statue in Matheran; 

(2) No paver blocks are to be laid on the internal road and the trading routes; 

(3) We direct the state to stop the practice of hand-pulled rickshaws in a phased manner within a period of 6 months from today; 

(4) State of Maharashtra shall evolve a scheme on the lines of the scheme in Kevadia, Gujarat, where it would purchase the e-rickshaws and give them to the genuine rickshaw pullers on a hire basis; 

(5) The Matheran monitoring committee, under the chairmanship of the Matheran Collector, which is constituted under the Eco-Sensitive Zone, to identify the genuine rickshaw pullers. The number of e-rickshaws required will also be decided by the committee after considering the ground realities; 

(6) The remainder of the e-rickshaws can be allotted to tribal women and other persons in Matheran to ensure a steady livelihood; 

(7) Any concrete blocks laid will be replaced by paver blocks

Background

The interlocutory application was filed in the TN Godavarman Thirumulpad case, an omnibus forest protection matter in which the top court issued the longest-standing continuing mandamus in the field of environmental litigation. 

On 12 May 2022, the Court permitted the State of Maharashtra to implement its proposal to introduce a few eco-friendly e-rickshaws in Matheran Eco-sensitive Zone, on an experimental basis, to check its feasibility to replace the hand-pulled rickshaws plying in the area.

Subsequently, applications were filed by three representative associations of the horsemen, or ghodawala sangathans, seeking modification of the permission to operate eco-friendly e-rickshaws in the Matheran ESZ. The two main issues raised as a result were: (I) permitting e-rickshaws in Matheran; and (ii) laying down of paver blocks etc. ,on the roads in Matheran.

In February 2023, the Court stayed the laying of concrete paver blocks in Matheran ESZ, until the Monitoring Committee (constituted by virtue of a 2003 notification by the Ministry of Environment and Forests) took a call on the issue and submitted a report. In November, the State was permitted to continue the e-rickshaw pilot project in Matheran until further orders.

In January 2024, the Court clarified that e-rickshaws, if permitted, in the city of Matheran, would be only for present handcart pullers, so as to compensate them on account of their loss of employment.

In April, the Court allowed the number of e-rickshaws in Matheran to be restricted to 20 and permitted e-rickshaw owners, who were earlier handcart pullers, to use the same for transporting tourists and the local population.

Senior Advocate Shyam Divan, Colin Gonsalves, K Parameswar (Amicus Curiae) appeared in the matter.

Case Title: In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors. | Writ Petition (Civil) No. 202 of 1995