SC orders end of ‘inhuman' hand-pulled rickshaws in Maharashtra's Matheran

Hindustan Times

a day ago

New Delhi, Dismayed over the use of hand-pulled rickshaws even after 78 years of country's independence, the Supreme Court on Wednesday directed the Maharashtra government to stop the 'inhuman' practice within six months in Matheran and switch to e-rickshaws instead. SC orders end of 'inhuman' hand-pulled rickshaws in Maharashtra's Matheran
"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," a bench comprising Chief Justice B R Gavai and Justices K Vinod Chandran and N V Anjaria said.
The bench, as a result, ordered a complete stop on hand-pulled rickshaws in Matheran.
The state government was directed to instead explore the possibility of giving e-rickshaws to locals in Matheran a hill station thronged by lakhs of tourists in peak seasons on rent as done by the Gujarat authorities in Kevadia.
Sardar Patel's statue, the tallest statue, at Kevadia in Gujarat is located on the Sadhu Bet island on the Narmada and the authorities have given e-rickshaws to locals on rent.
The bench chastised the practice of using manual rickshaws, 78 years after Independence and 75 years after the Constitution came into force, calling it 'inhuman' and 'against the basic concept of human dignity".
"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," it said.
The top court referred to a 45-year-old judgement in the "Azad Rickshaw Pullers Union v. State of Punjab" case which held cycle-rickshaws were inconsistent with the preamble's pledge of social justice.
'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 CJI lamented.
He added, '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."
The bench said poverty often forced people into such work, but stressed economic compulsion could not justify degrading human labour.
Citing the 1982 judgement in "People of India for Democratic Rights judgment", the bench reiterated exploitative work conditions amount to forced labour under Article 23.
Referring to Matheran, the bench said its is an eco-sensitive hill station where automobiles are banned except for emergency vehicles and it has long relied on hand-pulled rickshaws for transporting tourists and goods.
Directing hand-pulled rickshaws to be phased out within six months, the CJI ordered laying of paver blocks from Dasturi Naka to the Shivaji Statue.
The bench further cautioned the state government not to make an excuse of lack of funds as it will not be accepted for non-implementation.
"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," it said.
Issuing a slew of directions, the bench said, 'The state government is permitted to lay down paver blocks from Dasturi Naka up to the Shivaji Statue in Matheran."
It further directed no paver blocks would be laid on the internal road and the trading routes in the hill town.
The Matheran monitoring committee, under the chairmanship of the Matheran Collector, constituted under the eco-sensitive zone, was ordered to identify the genuine rickshaw pullers.
'The number of e-rickshaws required will also be decided by the committee after considering the ground realities,' the bench added.
The top court said the remainder of the e-rickshaws could be allotted to tribal women and other persons in Matheran to ensure a steady livelihood.
Automobiles are banned in Matheran due to ecological concerns.
Matheran's special status was recognised by the apex court and the Ministry of Environment and Forests issued a notification on February 4, 2003, declaring the hill station and the surrounding region as an eco-sensitive zone.
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