In a recent legal development, four cab drivers operating through mobile cab aggregator platforms have approached the Bombay High Court to contest the Maharashtra government’s mandate requiring auto rickshaw, taxi, and app-based cab drivers to possess working knowledge of the Marathi language. The case, Mohd. Kasim Ahmad vs. State of Maharashtra, is set to be mentioned before the Chief Justice on August 26 for urgent consideration.
This rule, which was officially notified on August 12, has been challenged through a petition filed by Advocate Vivek Shukla. The drivers argue that this language requirement infringes upon their fundamental rights as guaranteed by Articles 14, 19, and 21 of the Indian Constitution. Specifically, they contend that the rule violates their right to equality, freedom to practice a trade or profession, and right to life.
The petitioners further argue that the Motor Vehicles Act, 1988, which governs the issuance of driving licenses, does not impose any language prerequisites. According to the plea, “The parent Act (Motor Vehicles Act) provides no authority to the State Government to impose language proficiency as a qualification for drivers or to use it as a criterion for badge issuance, permit conditions, or revocation grounds.” The plea asserts that the government’s notification essentially introduces a new disqualification and grounds for suspension or revocation that were never legislated by Parliament.
The petition highlights the potential impact on thousands of economically disadvantaged and migrant drivers, who could face suspension of their badges and cancellation of permits if the rule is enforced. This could severely jeopardize their livelihoods. The petition seeks an immediate suspension of the notification to avert hardships for approximately 9.65 lakh drivers across Maharashtra.
The plea underscores the vast implications of this rule, citing statements by the Hon’ble Transport Minister, who noted that around 9,65,000 rickshaw and taxi permits and badges have been issued throughout the state. Despite the government’s efforts, including the “Hinduhridaysamrat Balasaheb Thackeray Marathi Language Campaign,” which reportedly saw participation from 1,65,000 non-Marathi speaking drivers, a significant number of drivers remain vulnerable to potential penalties.
