On Tuesday, four cab drivers in Mumbai submitted a petition to the Bombay High Court challenging the Maharashtra government's decision to require auto rickshaw, taxi, and app-based cab drivers to have a working knowledge of Marathi, arguing that the rule infringes on citizens' fundamental rights.
The public interest litigation (PIL) filed through advocate Vivek Shukla also said the government notification of August 12 posed a threat to the livelihoods of lakhs of "poor and migrant" drivers, and sought a stay over its implementation.
The petitioners argued that the rule infringes their fundamental rights under Articles 14 (right to equality), 19 (freedom to carry on trade and profession), and 21 (right to life) of the Constitution, and that it is ultra vires the Motor Vehicles Act, which does not impose any language requirement for driving licences.
The petition is expected to be listed before the Acting Chief Justice on Thursday for urgent relief.
The petition stated that the Motor Vehicles Act does not grant the State Government any authority to require working knowledge of any language as a qualification for drivers, as a condition for issuing a badge or a permit, nor does it empower the State to suspend or revoke a badge on such a basis.
It further stated that hundreds of thousands of poor and migrant drivers, including the petitioners, are at immediate risk of having their badges suspended and permits cancelled, jeopardising their livelihoods due to the enforcement of the rule.
The petition requested the High Court to halt the implementation of this decision.
The Maharashtra Transport Department has initiated a statewide campaign from August 20 to assess the practical Marathi language skills of taxi and auto-rickshaw drivers who are not native Marathi speakers.
As part of the 105-day 'Hinduhriday Samrat Balasaheb Thackeray Marathi Language Campaign', organized by the Konkan Marathi Sahitya Parishad and the Mumbai Marathi Sahitya Sangh, a total of 165,601 non-Marathi-speaking auto-rickshaw and taxi drivers participated to learn functional Marathi.
Last week, state Transport Minister Pratap Sarnaik stated that the requirement for practical knowledge of Marathi to operate auto-rickshaws and taxis has been in place in Maharashtra since 1989, though it was not rigorously implemented.
He also clarified that the government does not intend to deprive anyone of their livelihood, but wants those working in Maharashtra to learn and respect the state’s language and culture.
However, widespread anxiety among autorickshaw and taxi drivers over alleged hefty penalties tied to the state government's Marathi language proficiency initiative sparked street demonstrations in parts of Mumbai on Monday, prompting Chief Minister Devendra Fadnavis to intervene and calm the unrest.
During the demonstrations, certain drivers attempted to stop fellow members from carrying passengers, causing inconvenience to ordinary people on Monday morning.
Addressing the drivers’ worries, CM Fadnavis clarified that the purpose of the government initiative was not to turn drivers into language experts, but to ensure they can communicate in the local language for their professional duties.