The Supreme Court of India has expressed strong disapproval of the continued practice of hand-pulled rickshaws, asserting that it diminishes the nation's dignity and violates constitutional principles of social and economic justice. The court's condemnation came during a hearing regarding the use of hand-pulled rickshaws in Matheran, a hill station in Maharashtra.
A bench comprising Chief Justice B R Gavai and Justices K Vinod Chandran and N V Anjaria, highlighted the "inhuman" nature of the practice, especially considering that India has been independent for 78 years and its constitution has been in effect for 75 years. The court emphasized that allowing one human being to pull another is against the basic concept of human dignity and belittles the constitutional promise of social and economic justice in a developing country like India.
The Supreme Court bench also referred to a 45-year-old judgment in the Azad Rickshaw Pullers Union v. State of Punjab case, where the court had stated that cycle-pulled rickshaws were inconsistent with the promise of social justice enshrined in the Constitution's preamble. The court lamented that the practice of humans pulling other humans persists even after so many years.
The court underscored that people are often forced into this occupation due to a lack of alternative livelihood options. However, it asserted that economic compulsion cannot justify the violation of human dignity. The court also referenced People's Union for Democratic Rights v. Union of India, where it was held that forced labor, even with remuneration, is a violation of Article 23 of the Constitution.
To address this issue, the Supreme Court directed the Maharashtra government to halt the practice of hand-pulled rickshaws in Matheran within six months and transition to e-rickshaws. The court has asked the Raigad district collector to identify those who are engaged in hand-pulling of rickshaws to eliminate middlemen from cornering e-rickshaws and rent them out later. After accommodating the genuine and needy persons, remaining e-rickshaws could be allotted to tribal women residing in the surroundings. It also instructed the state government to create a scheme to provide e-rickshaws to those currently involved in pulling hand-pulled rickshaws, ensuring they can earn a livelihood with dignity. The court suggested that the Maharashtra government draw inspiration from the successful e-rickshaw program that empowers tribal women near the Sardar Patel statue at the Sardar Sarovar dam in Gujarat. The court also made it clear that lack of funds would not be accepted as an excuse for non-implementation of the scheme.
Matheran is an eco-sensitive zone where regular automobiles are banned. Hand-pulled rickshaws have long been used to transport tourists and goods in the area. The Supreme Court's ruling aims to balance environmental protection with the need to uphold human dignity and provide social and economic justice. The court has permitted the state government to continue with the e-rickshaw pilot project. In January 2024, the court clarified that e-rickshaws, if permitted, in the city of Matheran, would be only for present handcart pullers, so as to compensate them on account of their loss of employment.
The Supreme Court's decision reflects a growing concern over the persistence of exploitative labor practices in India and a commitment to ensuring that all citizens have the opportunity to live with dignity and economic security.
