Drivers move Bombay High Court against Marathi language rule, says livelihood of lakhs under threat  

Four cab drivers, who operate cabs using mobile cab aggregator apps, have moved the Bombay High Court challenging the Maharashtra government’s decision to make working knowledge of Marathi language compulsory for auto rickshaw, taxi and app‑based cab drivers [Mohd. Kasim Ahmad vs. State of Maharashtra].

The petition filed through advocate Vivek Shukla will be mentioned on August 27 before the acting Chief Justice for urgent directions.  

The rule was notified via a government notification dated August 12.

The plea by the cab drivers argues that the Marathi language rule violates 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 is ultra vires the Motor Vehicles Act, 1988, which does not prescribe any language requirement for driving licences.

As per the plea,

"The parent Act (Motor Vehicles Act) confers no power upon the State Government to prescribe working knowledge of any language as a qualification for a driver, as a condition of a badge, or as a condition of a permit, and confers no power to suspend or revoke a badge on such a ground. The impugned notification manufactures a new disqualification and a new ground of suspension and revocation which the parliament never enacted."

Lakhs of poor and migrant drivers face imminent suspension of badges and cancellation of permits, threatening their livelihoods if the rule is implemented, the plea states.

The PIL has sought an immediate stay on the government notification so as to prevent hardship to nearly 9.65 lakh drivers across Maharashtra. 

"The scale of the notification is enormous. As stated by the Hon'ble Transport Minister himself in the press, about 9,65,000 rickshaw and taxi permits and badges have been issued in the State so far. As per the Government's own statements, about 1,65,000 non-Marathi speaking drivers attended the 105 day "Hinduhridaysamrat Balasaheb Thackeray Marathi Language Campaign" conducted through the Konkan Marathi Sahitya Parishad and the Mumbai Marathi Sahitya Sangh. Lakhs of drivers remain exposed to notices, suspension and cancellation," the plea claims.