Delhi High Court seeks response from Central, State governments on plea by auto drivers union challenging mandatory uniform

The Delhi High Court has sought the response of the Central and Delhi governments on a petition challenging the mandatory imposition of uniforms on auto rickshaw taxi drivers [Chaalak Shakti & Ors. vs GNCTD & Ors.]..The petition filed by auto drivers union, Chaalak Shakti also challenged the imposition of penalty of Rs. 20,000 on drivers for contravention of mandatory uniforms.The plea said that the rules governing the field are vague and there is no clarity on the colour of the uniform or what constituted uniform thereby giving a wide discretion to law enforcement agencies to prosecute drivers. .A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh issued notice to the Delhi Government, Delhi Police and the Union Ministry of Road Transport & Highways.The plea sought to quash Rule 7 of the Motor Vehicles Rules 1993 on the basis that it was 'vague'.It also challenged the condition regarding 'uniforms' from the Permit Conditions of Vehicles Granted Permits under Sections 74 and 88 of the Motor Vehicles Act, 1988 as being 'vague' and contrary to the Rules. Appearing on behalf of the petitioner, advocate Paras Jain apprised the Court that labelling drivers on the basis of uniform is in strict violation of their fundamental rights under Articles 14,19 (1)(g) and 21 of the Constitution of India. It was also contended by the drivers union that Rule 7 of Delhi Motor Vehicles Rules oddly require the colour of the uniforms to be khaki but also permit wearing of grey uniforms. However, the present petition sought to do away with any such requirement of a uniform altogether."The drivers of transport vehicles such as auto-rickshaws and taxis are being prosecuted and heavily challaned to the extent of ₹20,000 for not wearing uniform, though there is no clarity on the colour(s) and specifications, and there is stark contradiction in and ambiguity between the rules and permit conditions," the petition saidIt was also submitted that while there are dozens of prominent shades of both khaki and grey, no shade has been stipulated and no definition of 'uniform' has been given, allowing the enforcement authorities huge discretion over who they want to prosecute.Due to all these lacunae in the Rules, auto and taxi drivers are mercilessly harassed by the authorities, Jain said.The Court issued notice and posted the matter for August 20.Advocates Paras Jain and Mohini Chaubey represented the Chalaak Shakti Union..Delhi HC issues notice in challenge to Rs 10,000 challan for “I Love Kejriwal”, “Sirf Kejriwal” on an auto.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.