The Supreme Court of India made a historic decision on Wednesday to phase out hand-driven rickshaws in Matheran, Maharashtra, within six months. The court harshly condemned the practice, calling it “inhuman” and said that allowing it to continue “belittles the constitutional promise of social and economic justice” for all residents.
The court issued the ruling while it was talking about the problem of e-rickshaws in Matheran, a mountainous town in the Western Ghats that is sensitive to the environment and where most vehicles are not allowed. The court was told that hand-pulled rickshaws are still used to move the town’s roughly 4,000 residents and nearly 8 lakh tourists who visit every year.
Chief Justice of India (CJI) Bhushan R. Gavai led a bench that was quite upset that this practice, which involves one person tugging another, is still going on 78 years after India’s independence and 75 years after the Constitution was written. The CJI added, “To keep doing this would be to break the promise that the people of India made to themselves.”
The court also told the Maharashtra government to come up with a plan to help the many hand-rickshaw pullers who are victims of circumstance and have no other way to make a living. This is akin to what the Supreme Court said in its 1980 ruling in Azad Rickshaw Pullers Union v. State of Punjab, where it spoke out for the dignity and livelihood of cycle-rickshaw pullers.
The court suggested a rehabilitation plan based on a program that worked well in Kevadia, Gujarat. This concept has the state buying e-rickshaws and giving out licenses on a rental or hire basis, with preference going to people who were already doing the “inhuman” thing. The court told the state to give the current hand-rickshaw pullers first dibs on the e-rickshaw licenses and to also think about tribal women and other people in and around Matheran who need them.
The court also allowed the laying of paver blocks on a four-kilometer length of the main city route from Kasturi Naka to Shivaji Statue to make sure the new e-rickshaw system would work. This will make the roads safe for e-rickshaws and horse carts, which are also utilized to go around town, especially during the rainy season. The court, on the other hand, said that paver blocks could not be used on interior town roads or trekking trails.
The bench made it plain that “not having enough money” would not be a good reason for not going through with the plan. The court said that the state might be able to find money for the program through corporate social responsibility (CSR) activities.