SC bans ‘inhuman’ practice of hand-pulled rickshaws in Maharashtra’s Matheran

Terming it an “inhuman” practice, the Supreme Court on Wednesday directed the Maharashtra Government to stop hand-pulled rickshaws operated in Matheran—a hill station thronged by lakhs of tourists in peak seasons and switch over to e-rickshaws within six months.

“Permitting such a practice, which is against the basic concept of human dignity in a country like India, which is a developing country, belittles the constitutional promises of social and economic justice,” a three-judge Bench led by Chief Justice of India BR Gavai said.

“To continue such human practice even after 78 years of independence and after 75 years of the Constitution being enacted and promising social and economic justice to its citizens… would be betraying the promise given by the people of India given to themselves,” said the Bench which also included Justice K Vinod Chandran and Justice NV Anjaria.

Matheran is an eco-sensitive hill station where automobiles are banned except for emergency vehicles and it has long relied on hand-pulled rickshaws for transporting tourists and goods. Automobiles are banned here due to ecological concerns. Its special status was recognised by the apex court and the Ministry of Environment and Forests issued a notification on February 4, 2003, declaring the hill station and the surrounding region as an eco-sensitive zone.

However, the CJI, while dealing with a forest-related case, said, “The question that we ask ourselves is whether this practice is alive to the Constitutional promise of social and economic equality and social and economic justice. The answer will, unfortunately, have to be in the negative.”

The top court told the Maharashtra Government that non-availability of funds cannot be an excuse for non-implementation of the aforesaid scheme. “We earnestly hope that the state would tender necessary assistance in stopping such an inhumane practice,” it said.

Permitting the state government to lay down paver blocks from Dasturi Naka (bus station) up to the Shivaji Statue in Matheran, it directed that no paver blocks would be laid on the internal road and the trading routes in the hill town.

The Bench ordered the Matheran Monitoring Committee constituted under the eco-sensitive zone and chaired by Matheran Collector to identify genuine rickshaw pullers. “The number of e-rickshaws required will also be decided by the committee after considering the ground realities,” it said.

The Bench ordered the Maharashtra Government to evolve a scheme on the lines of the scheme in Kevadia, Gujarat, where it would purchase the e-rickshaws and give them to the genuine rickshaw pullers on a hire basis.