Mumbai: 4 App-Based Cab Drivers Move Bombay HC Against Mandatory Marathi Language Rule

Four cab drivers in Mumbai have filed a petition with the Bombay High Court, contesting the Maharashtra government's mandate that all auto-rickshaw, taxi, and app-based cab drivers must possess knowledge of the Marathi language. The petition is set to be heard by the Acting Chief Justice on August 27, seeking immediate intervention.

The government mandated this requirement through a notification published on August 12. The drivers argue that this decision infringes upon their fundamental rights under Articles 14, 19, and 21 of the Constitution and exceeds the powers granted to the state under the Motor Vehicles Act, 1988. The petitioners contend that the central law does not stipulate any specific language as a prerequisite for a driving license, permit, or badge.

They point out that the parent Act (Motor Vehicles Act) does not grant the State Government the authority to make knowledge of any language mandatory for a driver, as a condition for a badge or permit. The plea also challenges provisions permitting authorities to suspend a driver's badge for up to three months and potentially revoke it for lacking Marathi language proficiency.

The rule further stipulates that Marathi language skills are a requirement for obtaining and renewing permits. The petition claims that this decision could jeopardize the livelihoods of numerous drivers, especially the impoverished and migrant workers, by subjecting them to badge suspensions and permit cancellations. An immediate stay on the notification is sought by the petitioners, who note that approximately 9.65 lakh auto-rickshaw and taxi permits and badges have been issued throughout Maharashtra.

Additionally, around 1.65 lakh non-Marathi-speaking drivers participated in a 105-day Marathi language campaign conducted by the Konkan Marathi Sahitya Parishad and Mumbai Marathi Sahitya Sangh. However, the petition asserts that many drivers remain at risk of facing punitive actions. The petitioners have also cited a Transport Commissioner's circular issued on August 19, instructing Regional Transport Offices (RTOs) to enforce the notification, deploy Vayuvega squads at auto-rickshaw stands, scrutinize drivers, and issue notices.

The circular even provides for the suspension and subsequent revocation of badges. The Transport Minister announced the strict enforcement of this rule starting August 20. The petitioners challenge the notification, arguing that it creates a "new disqualification" that was never legislated by Parliament under the Motor Vehicles Act.