Four cab drivers have approached the Bombay High Court to challenge the Maharashtra government's mandate making a basic understanding of Marathi compulsory for auto-rickshaw, taxi, and app-based cab drivers. The petitioners argue that this language condition poses an immediate and severe threat to the livelihoods of drivers across the state. Filed through advocate Vivek Shukla, the petition is likely to be mentioned for an urgent hearing before the bench of the Chief Justice on August 26. The petition seeks an immediate stay on the government notification issued on August 12 along with directions for interim relief.
Legal and Constitutional Grounds Challenged
The petitioners have questioned the legal validity of the state government's decision, arguing that the new language requirement falls outside the scope of powers granted to the state under the Motor Vehicles Act, 1988. According to the petition, the parent legislation does not mandate any specific language proficiency or working knowledge for obtaining a driving license, driver badge, or vehicle permit. The drivers further contend that enforcing such a condition violates their fundamental rights under Articles 14, 19, and 21 of the Constitution, which guarantee equality before the law, freedom to practice any profession or carry on trade, and the right to life and personal liberty.
Arguments Over Exceeding Statutory Authority
The petition points out that the parent law grants no authority to the state government to prescribe a working knowledge of any language as a qualification, badge condition, or permit requirement, nor does it allow for the suspension or cancellation of badges on this basis. The disputed notification introduces a new disqualification and a new ground for suspension and cancellation that was never enacted by Parliament.
Impact on Nearly One Million Drivers Across Maharashtra
Highlighting the sweeping reach of the government's order, the petition notes that approximately 9.65 million auto-rickshaw and taxi permits and badges have been issued across Maharashtra. Drivers have warned that enforcing this notification could subject a vast number of individuals, particularly poor and migrant workers, to official notices, badge suspensions, and permit cancellations.
Scale of Non-Marathi Speaking Drivers Highlighted
The petition mentions that during the 105-day Hindu Hriday Samrat Balasaheb Thackeray Marathi Bhasha Abhiyan conducted by the Konkan Marathi Sahitya Parishad and Mumbai Marathi Sahitya Sangh, roughly 165,000 drivers who do not speak Marathi were identified. Citing the state transport minister's own public statements regarding the total issuance of 965,000 rickshaw and taxi permits and badges, the petition reiterates that lakhs of drivers face the looming threat of notices, suspensions, and canceled permits.
